dsUnzh; lwpuk vk;ksx
Central Information Commission
Dyc Hkou] utnhd Mkd[kkuk/ Club Building, Near Post Office
iqjkuk ts-,u-;w- ifjlj / Old J.N.U. Campus
ubZ fnYyh 110067 / New Delhi - 110067
CIC/AD/C/2011/000473 Dated: 25th May, 2011
Complainant : Mr. P. Kesava Swamy,
Balaji Nagar, H.No 18793,
Post Chodavaram,
Visakhapatnam 531036
Respondents The P Public Information Officer,
:
M/o Railways,
Railway Board, Rail Bhavan,
Raisina Road,
New Delhi110001
.
1. Commission has received a complaint petition dated 28.01.2011 from Mr. P.
Kesava Swamy against the PIO, Railway Board, New Delhi under Section 18 of
the Right to Information Act, regarding deemed refusal of his RTI request dated
30.11.2010.
2. In order to avoid multiple proceedings under section 18 and 19 of the RTI
Act, viz., appeals and complaints, it is directed as follows:
i) Directions to CPIO: Railway Board, New Delhi is directed as follows:
a) In case no reply has been given by CPIO to the complainant to his RTI
request dated 30.11.2010 PIO should furnish a reply to the complainant
within 1 week of receipt of this order.
b) 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 1 week of
receipt of this order.
c) CPIO should invariably indicate to the complainant the name and the
address of the 1st Appellate Authority, before whom the appellant can file
first appeal, if any.
ii) Directions to Petitioner:
(a) If the complainant is aggrieved 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 1st Appellate Authority, who would dispose
of the appeal under the relevant provisions of RTI Act.
(b) If the complainant is still aggrieved with the decision of AA, he may
approach the Commission in 2nd appeal under section 19(3) along with
the complaint u/s 18, if any, within the prescribed time limit.
iii) Directions to AA : On receipt of the 1stappeal from the petitioner as per
the above directions, AA should dispose of the appeal within the period
stipulated in the RTI Act.
3. With the above directions, the matter is closed at the Commission’s end.
4. Issued with the approval of Information Commissioner, Mrs. Annapurna
Dixit.
(G.Subramanian)
Deputy Registrar
Copy to:
1. Mr. P. Kesava Swamy,
Balaji Nagar, H.No 18793,
Post Chodavaram,
Visakhapatnam 531036
2. The Public Information Officer,
M/o Railways,
Railway Board, Rail Bhavan,
Raisina Road,
New Delhi110001
3. The Appellate Authority,
M/o Railways,
Railway Board, Rail Bhavan,
Raisina Road,
New Delhi110001