Mr.Binay Kumar Pathak vs Ministry Of Coal on 14 July, 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/2011/000731

Name of Appellant                  :      Mr. Vinay Kumar Pathak

Name of Respondent                 :      Central Coalfields Ltd.

                                       ORDER

The Commission has received an appeal dated 16.2.2011 from Mr. Vinay
Kumar Pathak u/s 18 of the RTI Act, 2005, against Central Coalfields Ltd. stating
that the first-appellate authority has not decided his first-appeal dated 24.11.2010
pertaining to his RTI-request dated 1.10.2010.

2. Perused the documents submitted by the Appellant. It is observed that
Appellant’s RTI-request dated 1.10.2010 was replied to by PIO, Central
Coalfields Ltd. vide letter No. 344 dated 9.11.2010.

3. The Appellant filed his first-appeal dated 24.11.2010 before AA, Central
Coalfields Ltd. 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, General Manager,
Central Coalfields Ltd. Rajrappa Area (along with a copy of complaint), with the
following directions:

i) In case the first appeal dated 24.11.2010 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/2011/000731

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
14.07.2011

Authenticated true copy:

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

Copy to:

1. Mr. Vinay Kumar Pathak,
Hind Mazdoor Sabha Office,
Near Thana,
Vill & PO Bhurkunda Bazar,
Distt. Ramgarh – 829106.

2. The First Appellate Authority,
General Manager,
Central Coalfields Limited,
Rajrappa Area,
P.O. Rajrappa Project,
Distt. Ramgarh,
Jharkhand.