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Central Information Commission
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F.No.CIC/AD/C/2011/000678 Dated : 4.11.2011.
Complainant : Shri Chandan Kumar
Kulti College Road
Vivekananda Palli
PO - Kulti
Distt - Burdwan.
Respondents : The Public Information Officer
M/o Railway
Railway Board
Rail Bhawan, Raisina Road
New Delhi.
Commission has received a complaint petition dated 9.3.11 from Shri
Chandan Kumar against the PIO, M/o Railway, Railway Board, New Delhi under
Section 18 of the Right to Information Act, regarding deemed refusal of his RTI
request dated 18.11.2010
2. In order to avoid multiple proceedings under section 18 and 19 of the RTI
Act, viz., appeals and complaints, it is directed as follows:
i) Directions to CPIO M/o Railway, Railway Board, New Delhi is directed
as follows:
a) In case no reply has been given by CPIO to the complainant to his RTI
request dated 18.11.2010 CPIO should furnish a reply to the
complainant within 1 week of receipt of this order.
b) 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 1 week
of receipt of this order.
c) CPIO should invariably indicate to the complainant the name and the
address of the 1st Appellate Authority, before whom the appellant can file
first appeal, if any.
ii) Directions to Petitioner :
(a) If the complainant is aggrieved 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 1st AA, who would dispose of the appeal
under the relevant provisions of RTI Act.
(b) If the complainant is still aggrieved with the decision of AA, he may
approach the Commission in 2nd appeal under section 19(3) along with
the complaint u/s 18, if any, within the prescribed time limit.
iii) Directions to AA : On receipt of the 1st appeal from the petitioner as
per the above directions, AA should dispose of the appeal within the period
stipulated in the RTI Act.
3. With the above directions, the matter is closed at the Commission’s end.
4. Issued with the approval of Information Commissioner, Mrs. Annapurna
Dixit.
(G.Subramanian)
Deputy Registrar
Copy to:
1. Shri Chandan Kumar
Kulti College Road
Vivekananda Palli
PO – Kulti
Distt – Burdwan.
2. The Public Information Officer
M/o Railway
Railway Board
Rail Bhawan, Raisina Road
New Delhi
3. The Appellate Authority
M/o Railway
Railway Board
Rail Bhawan, Raisina Road
New Delhi