Central Information Commission Judgements

Mr.A Chandra Babu vs Ministry Of Coal on 27 May, 2011

Central Information Commission
Mr.A Chandra Babu vs Ministry Of Coal on 27 May, 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/2011/000322
Name of Appellant                   :      Shri A. Chandra Babu
Name of Respondent                  :      South Eastern Coalfields Ltd.
                                        ORDER

The Commission has received an appeal dated 1.10.2010 from Shri A.
Chandra Babu u/s 18 of the RTI Act, 2005, against the decision of CPIO, South
Eastern Coalfields Ltd. (SECL), Srirampur for deemed refusal to his RTI request
dated 15.6.2010 and first appeal dated 30.7.2010..

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, South Eastern
Coalfields Ltd. (SECL), Srirampur (along with copy of appeal and RTI-request),
with the following directions:

(i) In case no reply has been given by CPIO to the Appellant to his
RTI-request dated 15.6.2010, CPIO should furnish a reply to the
Appellant within two weeks of receipt of this order.

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

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

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

Case No.CIC/SS/A/2011/000322

The appeal is disposed of with above directions.

Sd/-

(Sushma Singh)
Information Commissioner
27.05.2011

Authenticated true copy:

(S. Padmanabha)
U.S. & Dy. Registrar

Address of the parties:

1. Shri A. Chandra Babu
Q.No. C2-1, Krishna Colony,
Srirampur Post 504303,
Mancherial (Mandal),
Dist. Adilabad, A.P.

2. The Public Information Officer,
South Eastern Coalfields Ltd.,
Srirampur Post 504303, Mandal,
Dist. Adilabad, A.P.

3. The Appellate Authority,
South Eastern Coalfields Ltd.,
Srirampur Post 504303, Mandal,
Dist. Adilabad, A.P.