Mr.Dinesh Chandra Mishra vs Ministry Of Agriculture on 17 October, 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/2011/000555

Name of Complainant                 :     Mr. Dinesh Chandra Mishra

Name of Respondent                  :     National Bureau of Plant Genetic
                                          Resources

                                        ORDER

The Commission has received a complaint dated 23.7.2011 from Mr.
Dinesh Chandra Mishra u/s 18 of the RTI Act, 2005, against the National Bureau
of Plant Genetic Resources for deemed refusal to his RTI request dated
28.4.2011.

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, National Bureau
of Plant Genetic, New Delhi (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 28.4.2011, 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/2011/000555

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
17.10.2011

Authenticated true copy:

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

Copy to:

1. Mr. Dinesh Chandra Mishra,
D-24, Harbhajan Enclave,
Todapur, PO: Pusa,
Delhi.

2. The C.P.I.O.

National Bureau of Plant Genetic Resources ,
Pusa Campus,
New Delhi – 110012.