Central Information Commission Judgements

Mr.Umesh Bhiy vs Ministry Of Coal on 10 June, 2011

Central Information Commission
Mr.Umesh Bhiy vs Ministry Of Coal on 10 June, 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/2011/000209

Name of Complainant                   :       Mr. Umesh Bhiy

Name of Respondent                    :       Central Coalfields Limited

                                          ORDER

The Commission has received a complaint dated 11.11.2010 from Mr. Umesh
Bhiy u/s 18 of the RTI Act, 2005, against the Central Coalfields Limited, Bokaro for
deemed refusal to his RTI request dated 19.2.2010 and first appeal dated 6.8.2010.

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, Central Coalfields Limited,
Bokaro (along with copy of appeal and RTI-request), with the following directions:

(i) In case no reply has been given by CPIO to the Complainantt to his RTI-

request dated 19.2.2010, CPIO should furnish a reply to the Complainantt
within two weeks of receipt of this order.

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

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

3. In case the Complainantt 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).

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 Complainantt 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.

CIC/SS/C/2011/000209

The complaint is disposed of with above directions.

Sd/-

(Sushma Singh)
Information Commissioner
10.6.2011

Authenticated true copy:

(S.Padmanabha)
Under Secretary & Deputy Registrar 

Copy to:

1. Mr. Umesh Bhiy,
Jharkhand Voluntary Action Network,
Arunalya Bhawan,
P.O. Bypass Road, Modinagar,
Plamu, Jharkhand-822101.

2. The C.P.I.O.,
The S.O.(P),
CCWD Kathara,
Central Coalfields Limited,
At + P.O. Kathara, Distt. Bokaro,
Jharkhand.