Central Information Commission Judgements

Mr.Vivek Choudhary vs National Highways Authority Of … on 29 November, 2010

Central Information Commission
Mr.Vivek Choudhary vs National Highways Authority Of … on 29 November, 2010
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                                                                    Dated: 29.11.2010

            Proceeding in Complaint No. CIC/AT/C/2010/000869


              Present: Shri A.N. Tiwari,, Chief Information Commissioner


Complainant:          Shri Vivek Choudhary
Respondents:          Ministry of Road Transport & Highways

Shri Vivek Choudhary of Haridwar (Uttrakhand) has filed this complaint dated
16.6.2010 before the Commission against Ministry of Road Transport & Highways,
New Delhi for not providing information relating to his RTI-request dated 15.9.2009
and first-appeal dated 3.1.2010.

2 Perused papers submitted by the complainant, it is observed that complainant’s
RTI request dated 15.9.2010 was replied to by CPIO, Ministry of Road Transport &
Highways, New Delhi vide letter No. NH-15016/16/09-P&M dated October, 2009.

3. The complainant preferred his first-appeal dated 3.1.2010 before Shri Nirmal
Jeet Singh, DG & Special Secretary, Ministry of Road Transport & Highways, New
Delhi. Shri S.K. Puri, Additional DG & AA vide OM dated 1.2.2010 has directed the
Chief Engineers of P-1, P-2 and P-3 Zones to provide the necessary information to the
complainant.

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 Shri S.K. Puri, Additional DG
& AA, Ministry of Road Transport & Highways, Transport Bhawan, Parliament
Street, New Delhi-110001 (enclosing herewith a copy of complain), with the
following directions:

i) In case the first appeal dated 3.1.2010 not been disposed of by AA, he should
dispose of the first appeal by passing a speaking order in the matter, within 2
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 complainant within 1 week of receipt of this order.

iii) A copy of First Appellate Order should also be endorsed to the Commission.

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

6. The matter is closed with the above directions.

Sd/-

(A.N. Tiwari)
Chief Information Commissioner