Mr.A B Bhattacharjee vs Ministry Of Coal on 18 August, 2011

                          Central Information Commission
               Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, 
                       Bhikaji Cama Place, New Delhi­110066
                      Web: www.cic.gov.in Tel No: 26167931

                                                         Case No. CIC/SS/C/2011/000409

Name of Complainant                   :       Mr. A.B. Bhattacharjee

Name of Respondent                    :       Bharat Coking Coal Limited.

                                          ORDER

The Commission has received a complaint dated 11.12.2010 from Mr. A.B.
Bhattacharjee u/s 18 of the RTI Act, 2005, against the Bharat Coking Coal Limited,
Dhanbad for deemed refusal to his RTI request dated 23.7.2010 and first appeal dated
7.10.2010.

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, Bharat Coking Coal Limited,
Dhanbad (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 23.7.2010 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/2011/000409

The appeal/complaint is disposed of with above directions.

(Sushma Singh)
Information Commissioner
18.8.2011

Authenticated true copy:

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

Copy to:

1. Mr. A.B. Bhattacharjee,
Plot No.1, Ingole Nagar,
Opp Airport, Wadha Road,
Nagpur-440005.

2. The C.P.I.O.,
Bharat Coking Coal Limited,
Kustore Area,
P.O. Jharia, Dhanbad,
Jharkhand.

3. The First Appellate Authority,
Bharat Coking Coal Limited,
Kustore Area,
P.O. Jharia, Dhanbad,
Jharkhand.