Central Information Commission Judgements

Mr.Yogender Kumar vs Ministry Of Home Affairs on 26 May, 2011

Central Information Commission
Mr.Yogender Kumar vs Ministry Of Home Affairs on 26 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/2011/000118

Name of Appellant                   :      Mr. Yogender Kumar

Name of Respondent                  :      Central Industrial Security Force,
                                           Assam.

                                        ORDER

The Commission has received an appeal dated 5.1.2011 from Mr.
Yogender Kumar u/s 18 of the RTI Act, 2005, against the Central Industrial
Security Force, Assam, for deemed refusal to his RTI request dated 27.8.2010
and first appeal dated 13.10.2010l.

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 Industrial
Security Force, Assam (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 27.8.2010, 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/2011/000118

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
26.05.2011

Authenticated true copy:

(S.Padmanabha)
Under Secretary & Deputy Registrar 

Copy to:

1. Mr. Yogender Kumar,
House No. 12, Gali No. – 9,
West Azad Nagar,
Krishna Nagar,
Delhi – 110051.

2. The C.P.I.O.,
Central Industrial Security Force,
Group Centre, Khatkhati, Assam.

3. The First Appellate Authority,
Central Industrial Security Force, U.P.,
Group Centre, Khatkhati, Assam.