Mr.Pratap Singh Gandas vs Ministry Of Home Affairs on 23 November, 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/2011/000440

Name of Complainant                :      Mr. Pratap Singh Gandas

Name of Respondent                 :      Delhi Police, South District, New Delhi.

                                       ORDER

The Commission has received a complaint dated 12.5.2011 from Mr.
Pratap Singh Gandas u/s 18 of the RTI Act, 2005, against Delhi Police, South
District, New Delhi for deemed refusal to his RTI request dated 1.3.2011.

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, Dy.
Commissioner of Police, South District, 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 1.3.2011, 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/2011/000440

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.

(Sushma Singh)
Information Commissioner
23.11.2011

Authenticated true copy:

(D.C. Singh)
OSD & Dy. Registrar

Copy to:

1. Mr. Pratap Singh Gandas,
R/o 33A/9, Kishangarh,
Vasant Kunj,
New Delhi – 110070.

2. The C.P.I.O.

Deputy Commissioner of Police,
South District,
Hauz Khas, New Delhi – 110016.