Mr.Arun Kumar vs Fertilizer Corporation Of India … on 17 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/2011/000714

Name of Complainant               :      Mr. Arun Kumar

Name of Respondent                :      Fertilizer Corporation of India

                                      ORDER

The Commission has received a complaint dated Nil (received on
10.6.2011) from Mr. Arun Kumar u/s 18 of the RTI Act, 2005, against the
Fertilizers Corporation of India for deemed refusal to his RTI request dated
11.3.2011.

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, Fertilizers
Corporation of India, Gorakhpur (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 11.3.2011, 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/2011/000714

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
17.11.2011

Authenticated true copy:

(D.C. Singh )
Dy. Registrar

Copy to:

1. Mr. Arun Kumar,
New Mirzapur Colony,
P.O. Jungia Bazar,
Distt. Gorakhpur,
U.P.

2. The C.P.I.O.

Fertilizers Corporation of India
Gorakhpur, U.P.