Central Information Commission Judgements

Mr.Harish Chandra Singh vs Ministry Of Mines on 11 October, 2011

Central Information Commission
Mr.Harish Chandra Singh vs Ministry Of Mines on 11 October, 2011
                        Central Information Commission
             Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, 
                     Bhikaji Cama Place, New Delhi­110066
                    Web: www.cic.gov.in Tel No: 26167931

                                                     Case No. CIC/SS/A/2011/000994

Name of Appellant                  :      Mr. Harish Chandra Singh

Name of Respondent                 :      Ministry of Mines
                                          Indian Bureau of Mines

                                       ORDER

The Commission has received an appeal dated 26.11.2010 from Mr. Harish
Chandra Singh u/s 18 of the RTI Act, 2005, against the Indian Bureau of Mines stating
that the first-appellate authority has not decided his first-appeal dated 2.9.2010
pertaining to his RTI-request dated 31.5.2010.

2. Perused the documents submitted by the Appellant. It is observed that
Appellant’s RTI-request dated 31.5.2010 was replied to by CPIO, Indian Bureau of
Mines, vide letter No. F-14012/1/2010-Estt.A dated 23.8.2010.

3. The Appellant filed his first-appeal dated 2.9.2010 before AA, Controller of
Mines, Indian Bureau of Mines, Udaipur which was not decided by AA.

4. In order to avoid multiple proceedings under section 19 and 18 of the RTI
Act, viz., appeals and complaints, the matter is remitted to AA, Controller of
Mines, Indian Bureau of Mines, Udaipur (along with a copy of complaint), with
the following directions:

i) In case the first appeal dated 2.9.2010 has not been disposed of by AA,
he should dispose of the first appeal by passing a speaking order, after
hearing the parties in the matter, within two weeks of receipt of this
order.

ii) In case AA has already disposed of the first-appeal, he should furnish a
copy of his order to the Appellant within one week of receipt of this order.

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Case No. CIC/SS/A/2011/000994

5. In case the Appellant is not satisfied with the decision of First Appellate
Authority, he is at liberty to file a second appeal afresh before the Commission,
under section 19(3), along with complaint u/s 18, if any, within the prescribed
time limit.

The Appeal is disposed of with above directions.

Sd/-

(Sushma Singh)
Information Commissioner
11.10.2011

Authenticated true copy:

(K.K. Sharma)
OSD & Dy. Registrar

Copy to:

1. Shri Harish Chandra Singh,
Senior Mining Geologist,
Indian Bureau of Mines,
142C, Hiran Magri, Sector-1,
Udaipur-313002.

2. The First Appellate Authority,
Shri S.P. Goyal,
Regional Controller of Mines, &
I/c Controller of Mines (NZ),
Indian Bureau of Mines,
142C, Sector-11, Hiran Magri,
Udaipur-313002.