Central Information Commission
2nd Floor, Room No. 305 B-Wing,
August Kranti Bhawan
Bhikaji Kama Place
New Delhi
Case No. CIC/SS/A/2011/900488
Name of Appellant : Sh. Philip Abraham
Name of Respondent : CPIO / FAA,
O/o the Controller Gen of Patents, Designs &
Trade Marks, M/o Commerce & Industry.
New Delhi
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The Commission has received a appeal dated 28.01.2011 from Sh. Philip
Abraham u/s 18/19 of the RTI Act, 2005, against the CPIO / FAA D/o Industrial Policy
& Promotion, O/o the Controller Gen. of Patents, Designs & Trade Marks, for deemed
refusal to his RTI request dated 16.08.2010 and first appeal dated 30.09.2010.
2. In order to avoid multiple proceedings under section 19 and 18 of the RTI Act,
viz., appeal and complaints, this case is remitted to the CPIO, D/o Industrial Policy &
Promotion, O/o the Controller Gen. of Patents, Designs & Trade Marks with the
following direction:
(i) In case no reply has been given by the CPIO to the Appellant to his RTI
request dated 16.08.2010 the CPIO should furnish a reply to the Appellant within two
weeks of receipt of this order endorsing a copy to this Commission.
(ii) In case the CPIO has already given a reply to the Appellant in the matter,
he should furnish a copy of his reply to the Appellant within two week.
(iii) The CPIO should invariably indicate to the Appellant the name and address
of the 1 Appellate authority, before whom the Appellant can file first appeal, if any,
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endorsing a copy to this Commission.
3. In case the Appellant 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 appellant as per the above directions, AA
should dispose of the appeal within the period stipulated in the RTI Act.
5. In case the Appellant 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 is disposed of with above directions.
(Sushma Singh)
Information Commissioner
14.07.2011
Authenticated true copy
(K. K. Sharma)
OSD & Dy. Registrar
Copy to:
1. Sh. Philip Abraham (Advocate)
Remfry & Sagar
Remfry House the Millennium Plaza
Sector 27,
Gurgaon122002
2. The Public Information Officer
O/o the Trade Marks Registry
Delhi
3. The First Appellate Authority
O/o Controller Gen. of Patents, Designs & Trade Marks
Intellectual Property OfficePlot No. 32, Sector, 14, Dwarka,
New Delhi110075