Dr.Anil Kumar vs Bhel on 9 June, 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/2011/000501

Name of Appellant                  :      Dr. Anil Kumar

Name of Respondent                 :      BHEL Educational Management Board,
                                          Haridwar.
                                          U.P.

                                       ORDER

The Commission has received an appeal dated 23.2.2011 from Dr. Anil
Kumar u/s 18 of the RTI Act, 2005, against BHEL Educational Management
Board, Haridwar stating that the first-appellate authority has not decided his first-
appeal dated 11.1.2011 pertaining to his RTI-request dated 29.12.2010.

2. Perused the documents submitted by the Appellant. It is observed that
Appellant’s RTI-request dated 29.12.2010 was replied to by CPIO, BHEL
Educational Management Board, Haridwar vide letter No. HW/EMB/CPIO/10/311
dated 31.12.2010.

3. The Appellant filed his first-appeal on 11.1.2011 before AA, BHEL
Educational Management Board, Haridwar 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, BHEL Educational
Management Board, Haridwar (along with a copy of complaint), with the
following directions:

i) In case the first appeal dated 11.1.2011 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/2011/000501

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
9.06.2011

Authenticated true copy:

(K.K. Sharma)
OSD & Assistant Registrar

Copy to:

1. Dr. Anil Kumar,  
House No. 149, Gandhi OPrinting House,
Lattowali Kankhal,
Haridwar.

2. The First Appellate Authority,
BHEL Educational Management Board,
Old Engg. Building,
Ranipur, Haridwar