Mr.Vidya Sagar vs Ministry Of Home Affairs on 17 October, 2011

                    Central Information Commission
         Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
                 Bhikaji Cama Place, New Delhi-110066
                  Web: www.cic.gov.in Tel No: 26167931

                                               Case No. CIC/SS/A/2011/001397

Name of Appellant                 :      Mr. Vidya Sagar

Name of Respondent                :      Dy. Commissioner of Police (Crime &
                                         Rlys).

                                      ORDER

The Commission has received an appeal dated 28.3.2011 from Mr. Vidya
Sagar u/s 18 of the RTI Act, 2005, against Dy. Commissioner of Police (Crime &
Rlys), stating that the first-appellate authority has not decided his first-appeal
dated 27.1.2011 pertaining to his RTI-request dated 3.11.2010.

2. Perused the documents submitted by the Appellant. It is observed that
Appellant’s RTI-request dated 3.11.2010 was replied to by PIO, O/o the
Additional Deputy Commissioner of Police (Crime), New Delhi vide letter No.
39/PIO/Crime dated 5.1.2011.

3. The Appellant filed his first-appeal on 27.1.2011 before AA, Commissioner
of Police, New Delhi which was transferred to Dy. Commissioner of Police (FAA),
Crime Branch, Delhi and same 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, Dy. Commissioner
of Police, Crime Branch, Delhi (along with a copy of complaint), with the
following directions:

i) In case the first appeal dated 27.1.2011 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/2011/001397

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
17.10.2011

Authenticated true copy:

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

Copy to:

1. Mr. Vidya Sagar,
19/264, Trilokpuri,
Delhi.

2. The First Appellate Authority,
Deputy Commissioner of Police (Crime & Rlys.),
10th Floor, Police Hdqrs.,
MSO Building, I.P. Estate,
New Delhi.