Mr.Praveen Sakhuja vs Ministry Of Commerce And Industry on 24 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/2011/000270

Name of Appellant                 :      Mr. Praven Sakhuja

Name of Respondent                :      Export Inspection Council of India
                                         Ministry of Commerce & Industry,
                                         New Delhi.

                                      ORDER

The Commission has received an appeal dated 11.1.2011 from Mr.
Praven Sakhuja u/s 18 of the RTI Act, 2005, against Export Inspection Council of
India, Ministry of Commerce & Industry, New Delhi stating that the first-appellate
authority has not decided his first-appeal dated 18.11.2010 pertaining to his RTI-
request dated 20.9.2010.

2. Perused the documents submitted by the Appellant. It is observed that
Appellant’s RTI-request dated 20.9.2010 was replied to by CPIO, Export
Inspection Council of India, Ministry of Commerce & Industry, New Delhi vide
letter dated 6.10.2010.

3. The Appellant filed his first-appeal on 18.11.2010 before AA, Export
Inspection Council of India, Ministry of Commerce & Industry, 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, Export Inspection
Council of India, Ministry of Commerce & Industry, New Delhi (along with a copy
of complaint), with the following directions:

i) In case the first appeal dated 18.11.2010 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/2011/000270

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
24.05.2011

Authenticated true copy:

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

Copy to:

1. Mr. Praveen Sakhuja, 
LD­119, SFS Flats,
Pitampura, Delhi – 110088.

     2. The First Appellate Authority,
Shri Rajiv Raizaada,
Additional Director, 
Export Inspection Council,
DMCA, Jai Singh Road,
New Delhi – 110001.