Central Information Commission Judgements

Mr.Bhuban Sharma vs Ministry Of Water Resources on 20 July, 2011

Central Information Commission
Mr.Bhuban Sharma vs Ministry Of Water Resources on 20 July, 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/C/2011/000340

Name of Complainant                       :      Mr. Bhuban Sarma

Name of Respondent                        :      Ministry of Water Resources

                                     ORDER

The Commission has received a complaint dated 15.3.2011 from Mr.
Bhuban Sarma u/s 18 of the RTI Act, 2005, against the Ministry of Water
Resources pertaining to his RTI-request dated 15.2.2011.

2. Perused the documents submitted by the Complainant it is observed that
Complainant’s RTI-request dated 15.2.2011 was replied to by CPIO, Ministry of
Water Resources vide letter No. 12/1/2009-E.III(BBE) dated 25.2.2011.

3. The Complainant has not availed the first-appellate channel u/s 19(1) of
the RTI Act.

4. In order to avoid multiple proceedings under section 19 and 18 of the RTI
Act, viz., appeals and complaints, the Complainant is advised to file his first
appeal against the decision of CPIO before Appellate Authority, Shri Ram
Swarup, Deputy Secretary, Ministry of Water Resources, Room No, 623, Shram
Shakti Bhawan, Rafi Marg, New Delhi – 110001 under Section 19(1) of the RTI
Act, within four weeks of receipt of this Order.

5. On receipt of first-appeal from the Complainant, as per directions above,
AA is directed to dispose it of through a speaking order, within four weeks of
receipt of the first-appeal.

6. 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.

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Case No. CIC/SS/C/2011/000340

The Appeal is disposed of with above directions.

Sd/-

(Sushma Singh)
Information Commissioner
20.7.2011

Authenticated true copy:

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

Copy to:

1. Mr. Bhuban Sarma,
O/o the C.E.(P&D),
Brahmaputra Board,
Basistha, Guwahati-781029.

Assam.

2. The First Appellate Authority,
Shri Ram Swarup,
Deputy Secretary,
Ministry of Water Resources,
Room No, 623,
Shram Shakti Bhawan,
Rafi Marg, New Delhi – 110001.