Mr.Lachhmishwar Tiwari vs Ministry Of Rural Development on 10 August, 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/2011/000379

       Name of Complainant                    :      Mr. Laxmi Tiwari

       Name of Respondent                     :      Ministry of Rural Development


                                         ORDER

The Commission has received a complaint dated 16.6.201 from Mr. Laxmi Tiwari
u/s 18 of the RTI Act, 2005, against the Ministry of Rural Development, New Delhi for
deemed refusal to his RTI request dated 13.4.2011 and first appeal dated 15.5.2011.

2. In order to avoid multiple proceedings under sections 19 and 18 of the RTI Act,
viz., complaints and appeals, this case is remitted to CPIO, Ministry of Rural
Development, New Delhi (along with copy of appeal 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 13.4.2011 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).

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 appeal u/s 18, if any, within the prescribed time limit.

CIC/SS/C/2011/000379

The complaint/appeal is disposed of with above directions.

Sd/-

(Sushma Singh)
Information Commissioner
10.8.2011

Authenticated true copy:

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

Copy to:

1. Mr. Laxmi Tiwari,
Village Harpur, P.O. Lador Via Kevtasa,
Distt. Darbhanga,
Bihar.

2. The C.P.I.O.,
Ministry of Rural Development,
Krishi Bhawan,
New Delhi.