Central Information Commission Judgements

Mr.Subhash Chandra Agrawal vs Ministry Of Home Affairs on 30 May, 2011

Central Information Commission
Mr.Subhash Chandra Agrawal vs Ministry Of Home Affairs on 30 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/2011/000382

Name of Appellant                  :      Mr. Subhash Chandra Agrawal

Name of Respondent                 :      Delhi Police, New Delhi District.

                                       ORDER

The Commission has received an appeal dated 17.12.2011 from Mr.
Subhash Chandra Agrawal u/s 18 of the RTI Act, 2005, against the Addl. Deputy
Commissioner of Police, New Delhi District, New Delhi for deemed refusal to his
RTI request dated 29.11.2010 and first appeal dated 17.1.2011.

2. In order to avoid multiple proceedings under sections 19 and 18 of the RTI
Act, viz., complaints and appeals, this case is remitted to CPIO, Addl. Deputy
Commissioner of Police, New Delhi District, New Delhi (along with copy of
appeal and RTI-request), with the following directions:

(i) In case no reply has been given by CPIO to the Appellant to his
RTI-request dated 29.11.2010, CPIO should furnish a reply to the
Appellant within two weeks of receipt of this order.

(ii) In case CPIO has already given a reply to the Appellant in the
matter, he should furnish a copy of his reply to the Appellant within
one week of receipt of this order.

(iii) CPIO should invariably indicate to the Appellant the name and
address of the 1st Appellate Authority, before whom the Appellant
can file first-appeal, if any.

3. In case the Appellant 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/A/2011/000382

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 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 appeal u/s 18, if any, within the prescribed time
limit.

The appeal is disposed of with above directions.

Sd/-

(Sushma Singh)
Information Commissioner
30.05.2011

Authenticated true copy:

(K.K. Sharma )
OSD & Assistant Registrar 

Copy to:

1. Mr. Subhash Chandra Agarwal,
1775 Kucha Lattushah,
Dariba, Chandni Chowk,
New Delhi – 110006.

2. The C.P.I.O.,
Addl. Deputy Commissioner of Police,
New Delhi District,
P.S. Parliament Street,
New Delhi-110001.

3. The First Appellate Authority,
Deputy Commissioner of Police,
New Delhi District,
P.S. Parliament Street,
New Delhi-110001.