Central Information Commission Judgements

Mr.Parveen Kumar vs Ministry Of Commerce And Industry on 19 July, 2011

Central Information Commission
Mr.Parveen Kumar vs Ministry Of Commerce And Industry on 19 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/C/2011/000316

Name of Complainant                          :      Mr. Parveen Kumar

Name of Respondent                           :      Export Inspection Council of India
                                                    New Delhi.

                                                 ORDER

The Commission has received a complaint dated 3.1.201 from Mr.
Parveen Kumar u/s 18 of the RTI Act, 2005, against the Export Inspection
Council of India, New Delhi for deemed refusal to his RTI request dated 18.10.2010
and first appeal dated 24.11.2010.

2. In order to avoid multiple proceedings under sections 19 and 18 of the RTI Act,
viz., complaints and appeals, this case is remitted to CPIO, Export Inspection Council
of India, New Delhi (along with copy of appeal and RTI-request), with the following
directions:

(i) In case no reply has been given by CPIO to the Complainant to his RTI-

request dated 18.10.2010 CPIO should furnish a reply to the Complainant
within two weeks of receipt of this order.

(ii) In case CPIO has already given a reply to the Complainant in the matter,
he should furnish a copy of his reply to the Complainant within one week
of receipt of this order.

(iii) CPIO should invariably indicate to the Complainant the name and address
of the 1st Appellate Authority, before whom the Complainant can file first-
appeal, if any.

3. In case the Complainant is not satisfied with the reply received from CPIO, he,
under section 19(1) of the RTI Act, may within the time prescribed, file his first-appeal
before the Appellate Authority (AA).

4. On receipt of the first appeal from the petitioner as per the above directions, AA
should dispose of the appeal within the period stipulated in the RTI Act.

5. In case the Complainant 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 appeal u/s 18, if any, within the prescribed time limit.

CIC/SS/C/2011/000316

The appeal/complaint is disposed of with above directions.

(Sushma Singh)
Information Commissioner
19.7.2011

Authenticated true copy:

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

Copy to:

1. Mr. Parveen Kumar,
WZ-6A, Naraina Village,
New Delhi – 110028.

2. The C.P.I.O.,
The Deputy Director,
Export Inspection Council of India,
NDYMCA Culture Building, 3rd Floor,
1, Jai Singh Road,
New Delhi – 110001.

3. The First Appellate Authority,
The Addl. Director,
Export Inspection Council of India,
NDYMCA Culture Building, 3rd Floor,
1, Jai Singh Road,
New Delhi – 110001.