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/2011/000251
Name of Complainant : Mr. Usman Gurjar
Name of Respondent : Bar Council of Rajasthan
ORDER
The Commission has received a complaint dated 12.11.2010 from Mr.
Usman Gurjar u/s 18 of the RTI Act, 2005, against the Bar Council of
Rajasthan for deemed refusal to his RTI request dated 8.4.2010 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, Bar Council of
Rajasthan (along with copy of appeal and RTI-request), with the following
directions:
(i) In case no reply has been given by CPIO to the Complainant to his
RTI-request dated 8.4.2010, CPIO should furnish a reply to the
Complainant within two weeks of receipt of this order.
(ii) 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 one week of receipt of this order.
(iii) CPIO should invariably indicate to the Complainant the name and
address of the 1st Appellate Authority, before whom the
Complainant can file first-appeal, if any.
3. In case the Complainant 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/C/2011/000251
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 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 appeal u/s 18, if any, within the prescribed time
limit.
The appeal is disposed of with above directions.
Sd/-
(Sushma Singh)
Information Commissioner
22.6.2011
Authenticated true copy:
(K.K. Sharma)
OSD & Assistant Registrar
Copy to:
1. Mr. Usman Gurjar,
S/o Late Abdul Hamid,
R/o Near Masjid,
Sarvodaya Basti,
Bikaner, Rajasthan.
2. The C.P.I.O.,
Bar Council of Rajasthan,
Jodhpur.
3. The First Appellate Authority,
Bar Council of Rajasthan,
Jodhpur.