Central Information Commission Judgements

Mr.Pramod Chawla vs Ministry Of Law And Justice on 25 February, 2011

Central Information Commission
Mr.Pramod Chawla vs Ministry Of Law And Justice on 25 February, 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/AT/C/2010/001431/SS

Name of Complainant                :      Shri Pramod Chawla

Name of Respondent                 :      Ministry of Law & Justice,
                                          Department of Justice

                                       ORDER

The Commission has received a complaint dated 29.9.2010 from Shri
Pramod Chawla u/s 18 of the RTI Act, 2005, against the Ministry of Law &
Justice, Department of Justice, New Delhi for deemed refusal to his RTI request
dated 15.6.2010 and first-appeal dated 19.8.2010.

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, Ministry of Law
& Justice, Department of Justice, Jaiselmer House, Man Singh Road, 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 15.6.2010, 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.

(iv) A copy of CPIO’s reply should also be endorsed to the
Commission.

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).

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Case No. CIC/AT/C/2010/1431/SS

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
25.02.2011

Authenticated true copy:

(K.K. Sharma)
OSD & Assistant Registrar

Shri Pramod Chawla,
131-132, Somdutt Chambers-1,
Bhikaji Cama Place,
New Delhi-110066.

CPIO,
Ministry of Law & Justice,
Department of Justice,
Jaiselmer House, Man Singh Road,
New Delhi