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/A/2011/000551
Name of Appellant : Shri Kamal Kishore Arora
Name of Respondent : Ministry of Commerce & Industry
Intellectual Property Office
Date of Hearing : 15.06.2011
ORDER
Shri P.R. Mehta, the appellant has filed this appeal dated 16.2.2011 before the
Commission against the Ministry of Commerce & Industry, Intellectual Property Office,
New Delhi for not providing information to his RTI-request dated 8.11.2010, which came
up for hearing on 15.06.2011. The appellant was represented by Shri Gaurav Arora,
whereas the respondents were represented by Shri Fuljence Minj, Office Superintendent.
2. The appellant filed RTI-request dated 8.11.2010 seeking information on “reasons
for not so far advertising the application No. 637526 in the Trade Marks Journal despite
lapse of considerable period of more than two months after the date of acceptance thereof
vide letter dated 26.8.2010”
3. Aggrieved by the non receipt of any response the appellant filed first-appeal before
FAA on 28.12.2010. The FAA vide letter No. POD/ RTI/ Appeal/ 20/ 2010/49 dated
5.1.2011 has replied to the appellant stating that the CPIO could not provide information in
prescribed time due to some administrative reasons. However, the CPIO has been further
directed to provide the correct and complete information very shortly in this regard.
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Case No. CIC/SS/A/2011/000551
4. After hearing the respondents and on perusal of the relevant documents on file, the
Commission finds that the CPIO, prima-facie, has caused the delay of more than 100
days, beyond the period stipulated under RTI Act, without any reasonable cause.
Therefore, the Commission has decided to issue a show-cause notice to the CPIO, to
show-cause why the Commission should not impose the penalty on him/her for causing
delay in providing complete requisite information to the appellant. A separate show-cause
notice will be issued to CPIO, in this regard.
5 After hearing the respondent and on perusal of the relevant documents on file, the
matter is remitted back to FAA with the direction to provide requisite information to the
appellant within two weeks of the receipt this order.
The matter is disposed of with the above direction.
(Sushma Singh)
Information Commissioner
28.06.2011
Authenticated true copy:
(K.K. Sharma)
OSD & Deputy Registrar
Address of the parties:
Shri Kamal Kishore Arora,
1158, Bazar Old Kanak Mandi,
Amritsar-143006 (Punjab)
The CPIO,
Ministry of Commerce & Industry,
Intellectual Property Office,
Intellectual Property Building,
Plot No. 32, Sector-14, Dwarka,
New Delhi-110078.
The Appellate Authority,
Ministry of Commerce & Industry,
Intellectual Property Office,
Intellectual Property Building,
Plot No. 32, Sector-14, Dwarka,
New Delhi-110078.