Mr.Nitesh Kumar Tripathi vs Ministry Of Social Justice And … on 22 November, 2011

                    Central Information Commission
                  Room No. 5, Club Building, Near Post Office
                    Old J.N.U. Campus, New Delhi - 110067
                     Web: www.cic.gov.in Tel No: 26161997

                                                Case No. CIC/SS/C/2011/000739
Name of Complainant                :      Mr. Nitesh Kr. Tripathi

Name of Respondent                 :      Ministry of Social Justice &
                                          Empowerment


                                       ORDER

The Commission has received a complaint dated 28.11.2009 from Mr.
Nitesh Kr. Tripathi u/s 18 of the RTI Act, 2005, against Ministry of Social justice
and Empowerment for deemed refusal to his RTI request dated 12.9.2009 and
first appeal dated 20.10.2009.

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, Ministry of Social
justice and Empowerment, 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 12.9.2009, 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/2011/000739

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
22.11.2011

Authenticated true copy:

(D.C. Singh)
Dy. Registrar

Copy to:

1. Mr. Nitesh Kumar Tripathi,
Room No. 101, Boys Hostel,
RIMS and R, Saifai,
Etawah, U.P.

2. The C.P.I.O.

Ministry of Social justice & Empowerment,
Shastri Bhawan,
New Delhi – 110001.

3. The First Appellate Authority,
Ministry of Social justice & Empowerment,
Shastri Bhawan,
New Delhi – 110001.

.