Dr.N John Chellappan vs Ministry Of Agriculture 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/2011/000290

Name of Appellant                 :      Dr. D.N. John Chellappan

Name of Respondent                :      Ministry of Agriculture,
                                         Deptt. of Animal Husbandry, Dairying &
                                         Fisheries, Kochi

                                      ORDER

The Commission has received an appeal dated 27.1.2011 from Dr. D.N.
John Chellappan u/s 18 of the RTI Act, 2005, against Ministry of Agriculture,
Deptt. of Animal Husbandry, Dairying & Fisheries stating that the first-appellate
authority has not decided his first-appeal dated 29.11.2010 pertaining to his RTI-
request dated 18.10.2010.

2. Perused the documents submitted by the Appellant. It is observed that
Appellant’s RTI-request dated 18.10.2010 was replied to by CPIO, Ministry of
Agriculture, Deptt. of Animal Husbandry, Dairying & Fisheries, Kochi vide letter
No. A1/4-7/2005.Vol.II/690 dated 13.1.2011.

3. The Appellant filed his first-appeal on 29.11.2010 before AA, Ministry of
Agriculture , Deptt. of Animal Husbandry, Dairying & Fisheries 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, Ministry of
Agriculture, Deptt. of Animal Husbandry, Dairying & Fisheries, Kochi (along with
a copy of complaint), with the following directions:

i) In case the first appeal dated 29.11.2010 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/2011/000290

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. N. John Chellappan,
31/1136 A, Anugraha,
Bhuvenshwari Road, Ponnurnni,
Vytilla (P.O.), Kochi­19,
Ernakulam, Kerala­682019.

2. The First Appellate Authority,
Ministry of Agriculture,
Deptt. of Animal Husbandry, Dairying & Fisheries,
National Institute of Fisheries
Post Harvest Technology & Training,
P.B. No.No.1801,
Kochi – 682016.