Mr.Nathu Singh vs Ministry Of Home Affairs on 26 April, 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/2011/000070

Name of Complainant                :      Shri Nathu Singh

Name of Respondent                 :      Delhi Police, PHQ.

                                       ORDER

The Commission has received a complaint dated Nil (received on
5.1.2011) from Shri Nathu Singh u/s 18 of the RTI Act, 2005, against the Delhi
Police, PHQ, New Delhi for deemed refusal to his RTI request dated 13.10.2010.

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, Joint
Commissioner of Police, PHQ, 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 13.10.2010, 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/2011/000070

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
26.04.2011

Authenticated true copy:

(S.Padmanabha)
Under Secretary & Deputy Registrar 

Copy to:

1. Shri Nathu Singh,
A-1120-21, Welcome, Seelampur,
Delhi – 110053.

2. The C.P.I.O.,
Joint Commissioner of Police,
PHQ, ITO, New Delhi.