Mr.Mohitgupta vs Department Of Chemicals And … on 16 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/2011/900395

       Name of Complainant                 :      Mr. Mohit

       Name of Respondent                  :      Ministry of Chemicals & Fertilizers

                                      ORDER

The Commission has received a complaint dated 22.7.2011 from Mr.
Mohit u/s 18 of the RTI Act, 2005, against Ministry of Chemicals & Fertilizers stating
that the first-appellate authority has not decided his first-appeal dated 30.5.2011
pertaining to his RTI-requests dated 11.3.2011 and 20.4.2011.

2. Perused the documents submitted by the Complainant. It is observed that
Complainant’s RTI-request dated 11.3.2011 was replied to by PIO, Ministry of
Chemicals & Fertilizers, New Delhi vide letter No. 40018/43/09-CH.I dated
25.3.2011.

3. The Complainant filed his first-appeal dated 30.5.2011 before AA, Shri
Suresh Chandra Gupta, Joint Secretary, Ministry of Chemicals & Fertilizers, New
Delhi, which was not decided by AA.

4. In order to avoid multiple proceedings under section 19 and 18 of the RTI
Act, viz., appeals and complaints, the matter is remitted to AA, Joint Secretary,
Ministry of Chemicals & Fertilizers, New Delhi, (along with a copy of complaint), with
the following directions:

i) In case the first appeal dated 30.5.2011 has not been disposed of by AA,
he should dispose of the first appeal by passing a speaking order, after
hearing the parties in the matter, within two weeks of receipt of this
order.

ii) In case AA has already disposed of the first-appeal, he should furnish a
copy of his order to the Complainant within one week of receipt of this
order.

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Case No. CIC/SS/C/2011/000395

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 Appeal/complaint is disposed of with above directions.

Sd/-

(Sushma Singh)
Information Commissioner
16.08.2011

Authenticated true copy:

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

Copy to:

1. Mr. Mohit,
33-B, Third Floor,
Saidullajab, M.B. Road,
New Delhi – 110030.

1. The First Appellate Authority,
Shri Suresh Chandra Gupta,
Joint Secretary,
Ministry of Chemicals & Fertilizers,
Department of Chemicals & Petrochemicals,
Shastri Bhavan,
New Delhi – 110001.