Mr.Chandan Kumar vs Ministry Of Coal on 26 April, 2011

                         Central Information Commission
              Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, 
                      Bhikaji Cama Place, New Delhi­110066
                     Web: www.cic.gov.in Tel No: 26167931

                                                 Case No. CIC/SS/C/2011/000083

Name of Complainant                :      Shri Chandan Kumar

Name of Respondent                 :      Eastern Coal Field Ltd.

                                       ORDER

The Commission has received a complaint dated 3.2.2011 from Shri
Chandan Kumar u/s 18 of the RTI Act, 2005, against the Eastern Coal Field Ltd. ,
W.B. for deemed refusal to his RTI request dated 20.11.2010.

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 PIO, Eastern Coal
Field Ltd. Verdhawan, W.B. (along with copy of complaint and RTI-request), with
the following directions:

(i) In case no reply has been given by PIO to the complainant to his
RTI-request dated 20.11.2010, PIO should furnish a reply to the
complainant within two weeks of receipt of this order.

(ii) In case PIO 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) PIO 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 PIO,
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/2011/000083

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
26.04.2011

Authenticated true copy:

(S.Padmanabha)
Under Secretary & Deputy Registrar 

Copy to:

1. Shri Chandan Kumar,
Fulti College Road,
Vivekanand Palli,
P.O. Fulti, Dist. Verdman(WB).

Pin – 713343.

2. The P.I.O.,
Eastern Coal Field Ltd.

H.O. Saktoria, P.O. Diserganj,
Verdhawan, W.B.