Mr.A K Gupta vs Ministry Of Agriculture on 1 July, 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/2011/000405

Name of Appellant                 :      Mr. A.K. Gupta

Name of Respondent                :      Indian Veterinary Research Institute


                                      ORDER

The Commission has received an appeal dated 31.1.2011 from Mr. A.K.
Gupta u/s 18 of the RTI Act, 2005, against Indian Veterinary Research Institute
stating that the first-appellate authority has not decided his first-appeal dated
19.9.2010 pertaining to his RTI-request dated 2.8.2010.

2. Perused the documents submitted by the Appellant. It is observed that
Appellant’s RTI-request dated 2.8.2010 was replied to by PIO, Indian Veterinary
Research Institute, U.P. vide letter No. 5-48/10-RTI dated 30.8.2010.

3. The Appellant filed his first-appeal dated 19.9.2010 before AA, Director,
Indian Veterinary Research Institute, U.P. 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, Director, Indian
Veterinary Research Institute, U.P. (along with a copy of complaint), with the
following directions:

i) In case the first appeal dated 19.9.2010 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/2011/000405

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
1.07.2011

Authenticated true copy:

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

Copy to:

1. Mr. A.K. Gupta,
H.No. C-492, Rajendra Nagar,
Bareilly (UP) – 243122.

2. The First Appellate Authority,
Director,
Indian Veterinary Research Institute,
Izzatnagar, U.P.