Central Information Commission Judgements

Mr.Assem Takyar vs Ministry Of Urban Development on 25 April, 2011

Central Information Commission
Mr.Assem Takyar vs Ministry Of Urban Development on 25 April, 2011
                   CENTRAL INFORMATION COMMISSION
                  Room No.-307, 2nd Floor, B-Wing, August Kranti Bhawan
                       Bhikaji Cama Place, New Delhi-110066.
                         Telefax:011-26180532 & 011-26107254
                                   Website : cic.gov.in

                                                                      Date : April 25, 2011

                       Complaint No. : CIC/DS/C/2011/000044


Complainant                  :      Shri Aseem Takyar, Gurgaon (Haryana).
Public Authority             :      Delhi Development Authority, New Delhi.


                                          ORDER

The Commission has received a complaint petition, dated 16/04/2010 (Diary
No.:27543/2010) from Shri Aseem Takyar, in respect of his/her RTI-application on
29/01/2010 filed with the CPIO, Office of the S.E.(HQ)/PIO/North Zone, Delhi
Development Authority, 18th Floor, Vikas Minar, I. P. Estate, New Delhi-110002 (A Copy
of RTI application is enclosed). Thereafter, the petitioner filed 1st Appeal before the First
Appellate Authority of Public Authority. From the perusal of documents on record, it is
seen that the same has not been adjudicated upon by the First Appellate Authority.

2. In order to avoid multiple proceedings under section 19 and 18 of the RTI Act, viz,
appeals and complaints, the matter is remitted to the CPIO with the following
directions:

i. In case, no reply has been given by CPIO to the complainant to his/her RTI request,
the CPIO should furnish a reply to the complainant within two weeks of receipt of
this order.

ii. In case CPIO has already given reply to the complainant in the matter, he/she
should furnish a copy of his/her reply to the complainant within one week of receipt
of this order.

iii. CPIO should invariably indicate to the complainant the name and address of
st
the 1 Appellate Authority, before whom the complainant can file first appeal, if any.

Page 
1
iv. A copy of CPIO’s reply will be endorsed to the Commission clearly indicating
the case number and reason for delay, if any, in providing information.

3. In case the complainant is not satisfied with the reply received from the CPIO, he/she,
under section 19(i) of the RTI Act, may file first-appeal before the FAA within the
time prescribed under the RTI Act.

4. On receipt of the first appeal from the petitioner as per the above directions, FAA
should dispose of the appeal within the period stipulated in the RTI Act.

5. In case complainant still feels aggrieved by the decision of FAA, he/she shall be free
to approach the Commission in second appeal under section 19(3), along with
complaint u/s 18, if any, within the prescribed time limit.

(Smt. Deepak Sandhu)
Information Commissioner (DS)

Authenticated true copy:

(T. K. Mohapatra)
U.S. & Dy. Registrar
tk.mohapatra@nic.in

Copy to :-

1. Shri Aseem Takyar
144, Phase – 1,
Udyog Vihar,
Gurgaon (Haryana).
Contact Nos. : 093102 49198 / 0214-4110 094.

2. Central Public Information Officer
Office of the S.E.(HQ)/PIO/North Zone,

Delhi Development Authority,

Page 
2
18th Floor, Vikas Minar,

I. P. Estate, New Delhi-110002.

-:-

Page 
3