Mr.Amar Singh Sachan vs Ministry Of Home Affairs on 22 November, 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/C/2011/000743
Name of Complainant               :      Mr. Amar Singh Sachan

Name of Respondent                :      Ministry of Home Affairs


                                      ORDER

The Commission has received a complaint dated 6.8.2011 from Mr. Amar
Singh Sachan u/s 18 of the RTI Act, 2005, against Ministry of Home Affairs for
deemed refusal to his RTI request dated 7.7.2011 and first appeal dated
19.7.2011.

2. In order to avoid multiple proceedings under sections 19 and 18 of the RTI
Act, viz., appeals and complaints, this case is remitted to CPIO, Ministry of Home
Affairs, New Delhi (along with copy of complaint 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 7.7.2011, 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).

Case No. CIC/SS/C/2011/000743

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 complaint u/s 18, if any, within the prescribed
time limit.

The complaint is disposed of with above directions.

Sd/-

(Sushma Singh)
Information Commissioner
22.11.2011

Authenticated true copy:

(D.C. Singh)
Dy. Registrar

Copy to:

1. Mr. Amar Singh Sachan,
C-161, Sector-D, L.D.A. Colony,
Kanpur Road, Lucknow – 226012.

2. The C.P.I.O.

Ministry of Home Affairs,
North Block, New Delhi.

3. The First Appellate Authority,
Ministry of Home Affairs,
North Block, New Delhi.