Central Information Commission Judgements

Mr.Devendra S Doctor vs Cbdt on 28 April, 2011

Central Information Commission
Mr.Devendra S Doctor vs Cbdt on 28 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 28, 2011

                      Complaint No. : CIC/DS/C/2011/000107


Complainant                   :      Shri Devendra S. Doctor, Mumbai (Maharashtra).
Public Authority              :      Central Board of Direct Taxes, New Delhi.


                                           ORDER

The Commission has received a complaint petition, dated 27/09/2010 (Diary
No.:74648/2010) from Shri Devendra S. Doctor, in respect of his/her RTI-application on
25/06/2010 filed with the CPIO, Central Board of Direct Taxes, North Block, New Delhi-
110001 (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
the 1st Appellate Authority, before whom the complainant can file first appeal, if any.

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.

Page 
1

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 Devendra S. Doctor
C/2, Sonawala Building No.-4,
Tardeo,
Mumbai-400007 (Maharashtra).

2. Central Public Information Officer
Central Board of Direct Taxes,
North Block,

Page 
2
New Delhi-110001.

-:-

Page 
3