Mr.Shivshanker R Dubey vs Cbec on 17 November, 2011

                    Central Information Commission
         Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
                 Bhikaji Cama Place, New Delhi-110066
                  Web: www.cic.gov.in Tel No: 26167931

                                                 Case No. CIC/SS/C/2011/000711

Name of Complainant                       :      Mr. Shivshankar R Dubey

Name of Respondent                        :      Department of Revenue
                                                 Central Board of Excise and
                                                 Customs

                                     ORDER

The Commission has received a complaint dated 10.5.2011 from Mr.
Shivshankar R Dubey u/s 18 of the RTI Act, 2005, against the Department of
Revenue, Central Board of Excise & Customs pertaining to his RTI-request
dated 25.2.2011.

2. Perused the documents submitted by the Complainant it is observed that
Complainant’s RTI-request dated 25.2.2011 was replied to by CPIO, Ministry of
Finance, Department of Revenue, Central Board of Excise & Customs, New
Delhi, vide letter No.495/3/2011-Cus.VI dated 10.3.2011.

3. The Complainant has not availed the first-appellate channel u/s 19(1) of
the RTI Act.

4. In order to avoid multiple proceedings under section 19 and 18 of the RTI
Act, viz., appeals and complaints, the Complainant is advised to file his first
appeal against the decision of CPIO before Appellate Authority, Director
(Customs), Central Board of Excise & Customs, Room No. 227-B, North Block,
New Delhi under Section 19(1) of the RTI Act, within four weeks of receipt of
this Order.

5. On receipt of first-appeal from the Complainant, as per directions above,
AA is directed to dispose it of through a speaking order, within four weeks of
receipt of the first-appeal.

6. 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.

-2-

Case No. CIC/SS/C/2011/000711

The complaint/Appeal is disposed of with above directions.

(Sushma Singh) 
                                                                          Information Commissioner 
17.11.2011 

Authenticated true copy

(D.C. Singh)
Dy. Registrar

Copy to:

1. Shri Shivshanker R. dubey,
Plot No. 17 Ward 9 A(F),
Gandhidham, Kutch,
Gujarat – 370230.

2. The First Appellate Authority,
Director (Customs),
Ministry of Finance,
Department of Revenue,
Central Board of Excise and Customs,
Room No. 227-B, North Block,
New Delhi.