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/AT/C/2010/1041/SS
Name of Complainant : Shri B. Bandyopadhyay
Name of Respondent : Commissioner of Customs, Kolkata
ORDER
The Commission has received a complaint dated 8.8.2010 from Shri B.
Bandyopadhyay u/s 18 of the RTI Act, 2005, against Office of the Commissioner
of Customs, Kolkata stating that the first-appellate authority has not decided his
first-appeal dated 9.6.2010 pertaining to RTI-request dated 11.5.2010.
2. Perused the documents submitted by the complainant, it is observed that
complainant’s RTI-request dated 11.5.2010 was replied to by Assistant
Commissioner & CPIO, Office of the Commissioner of Customs, Kolkata vide
letter No. VIII(13)/RTI/BCD/08/2846 dated 31.5.2010. The complainant filed his
first-appeal on 9.6.2010 before Appellate Authority, Office of the Commissioner
of Customs, Kolkata, which was not decided by AA.
3. In order to avoid multiple proceedings under section 19 and 18 of the RTI
Act, viz., appeals and complaints, the matter is remitted to Appellate Authority,
Office of the Commissioner of Customs, Barasat Customs Division, M.S.
Building, Custom House, 15/1, Strand Road, Kolkata (enclosing therewith a copy
of complaint), with the following directions:
i) In case the first appeal dated 9.6.2010 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 complainant within one week of receipt of this order.
iii) A copy of First Appellate Order should also be endorsed to the Commission.
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Case No. CIC/AT/C/2010/1041/SS
4. 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
14.01.2011