Mr.K Palaniyappan vs Ministry Of Social Justice And … on 19 May, 2011

                    Central Information Commission
                 Room No. 5, Club Building, Near Post Office
                   Old J.N.U. Campus, New Delhi - 110067
                    Web: www.cic.gov.in Tel No: 26161997

                                               Case No. CIC/SS/A/2011/000315

Name of Appellant                 :      Mr. K. Palaniyappan

Name of Respondent                :      Ministry of Social Justice &
                                         Empowerment, New Delhi.

                                      ORDER

The Commission has received an appeal dated 31.1.2011 from Mr. K.
Palaniyappan u/s 18 of the RTI Act, 2005, against Ministry of Social Justice &
Empowerment, New Delhi stating that the first-appellate authority has not
decided his first-appeal dated 25.11.2010 pertaining to his RTI-request dated
30.9.2010.

2. Perused the documents submitted by the Appellant. It is observed that
Appellant’s RTI-request dated 30.9.2010 was replied to by CPIO, Ministry of
Social Justice & Empowerment, New Delhi vide letter dated 9.11.2010.

3. The Appellant filed his first-appeal on 25.11.2010 before AA, Ministry of
Social Justice & Empowerment, New Delhi 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, Ministry of Social
Justice & Empowerment, New Delhi (along with a copy of complaint), with the
following directions:

i) In case the first appeal dated 25.11.2010 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/2011/000315

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
19.05.2011

Authenticated true copy:

(S. Padmanabha)
U.S. & Dy. Registrar

Copy to:

1. Mr. K. Palaniyappan,
No.10, Venkatachala Street,
Peelamedu Pudhur,
Coimbatore­641004,
Tamil Nadu.

2. The First Appellate Authority,
Smt. Purnima Singh, 
Joint Secretary (Social Justice & Empowerment),
Ministry of Social Justice & Empowerment,
Shastri Bhawan, New Delhi­110001.