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Central Information Commission
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*****
No.CIC/AD/C/2011/000426
Dated: 29 July 2011
Name of the Complainant : Shri R.K. Coudhary
H.No. Iv/34, Gpra Colony
Station Road
Akurdi
Pune-411044
Name of the Public Authority : The Public Information Officer
Eastern Railway
O/o Dy. CCM/IS
17, N.S. Road
Kolkata-700001
ORDER
The Commission has received a complaint petition dated 7 January 2011 from
Shri R.K. Coudhary, Pune, against the PIO, Eastern Railway, Kolkata-700001, under
Section 18 of the Right to Information Act, regarding deemed refusal of his RTI request
dated 28 October 2010. A copy of his complaint is enclosed.
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: Eastern Railway, Kolkata-700001 is directed as follows:
a) In case no reply has been given by CPIO to the complainant to his RTI request
dated 28 October 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 1st-appeal 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. Shri R.K. Coudhary
H.No. Iv/34, Gpra Colony
Station Road
Akurdi
Pune-411044
2. The Public Information Officer
Eastern Railway
O/o Dy. CCM/IS
17, N.S. Road
Kolkata-700001
3. The Appellate Authority
Eastern Railway
O/o Dy. CCM/IS
17, N.S. Road
Kolkata-700001