Mr.R D Mishra vs Ministry Of Home Affairs on 23 May, 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/A/2011/000333

Name of Appellant                 :      Mr. R.D. Mishra

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

                                      ORDER

The Commission has received an appeal dated 3.2.2011 from Mr. R.D.
Mishra u/s 18 of the RTI Act, 2005, against Delhi Police, South District, New
Delhi stating that the first-appellate authority has not decided his first-appeal
dated 11.10.2010 pertaining to his RTI-request dated 9.9.2010.

2. Perused the documents submitted by the Appellant. It is observed that
Appellant’s RTI-request dated 9.9.2010 was replied to by CPIO, Addl. Deputy
Commissioner of Police, South District, New Delhi, vide letter dated 4.10.2010.

3. The Appellant filed his first-appeal on 11.10.2010 before AA, Deputy
Commissioner of Police, South District, New Delhi which was not decided by AA.

4. In order to avoid multiple proceedings under section 19 and 18 of the RTI
Act, viz., appeals and complaints, the matter is remitted to AA, Deputy
Commissioner of Police, South District, New Delhi (along with a copy of
complaint), with the following directions:

i) In case the first appeal dated 11.10.2010 has not been disposed of by AA,
he should dispose of the first appeal by passing a speaking order, after
hearing the parties in the matter, within two weeks of receipt of this
order.

ii) In case AA has already disposed of the first-appeal, he should furnish a
copy of his order to the Appellant within one week of receipt of this order.

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Case No. CIC/SS/A/2011/000333

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.

Sd/-

(Sushma Singh)
Information Commissioner
23.05.2011

Authenticated true copy:

(S. Padmanabha)
U.S. & Dy. Registrar

Copy to:

1. Mr. R.D. Mishra,
House No. 251­D, J & K, Dilshad Garden,
New Delhi – 110095.

2. The First Appellate Authority,
Deputy Commissioner of Police,
South District, Hauz Khas,
New Delhi – 110016.