Central Information Commission

2nd Floor, 'B' Wing

August Kranti Bhavan

Bhikaji Cama Place

New Delhi - 110066

Case No. CIC/SS/C/2012/000536

Dated: 17.9.2012

Complainant : Mrs. Usha Respondents : Ministry of Home Affairs.

ORDER

The Commission has received a complaint No. 11/2011/PIDPI- COMPLAINT/CVC, GOVT. OF INDIA dated 17.02.2012 from Mrs. Usha of Nagpur against the Ministry of Home Affairs, New Delhi for deemed refusal to her RTI request dated 02.11.2011.

2. Perused the papers submitted by the complainant it is observed that the complainant's above mentioned RTI-application has been transferred to the CPIO, Ministry of Home Affairs, under section 6(3) of the RTI Act.  

3. In order to avoid multiple proceedings under sections 18 and 19 of the RTI Act, viz., complaints and appeals, this case is remitted to CPIO, Ministry of Home Affairs, New Delhi (along with copy of complaint and RTI-request), with the following directions:

(i) In case no reply has been given by CPIO to the Complainant to her RTI-request dated 02.11.2011, 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.

4. In case the Complainant is not satisfied with the reply received from CPIO, she, under section 19(1) of the RTI Act, may within the time prescribed, file her first-appeal before the Appellate Authority (AA). -2-

Case No. CIC/SS/C/2012/000536

5. 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.

6. In case the Complainant is not satisfied with the decision of First Appellate Authority, she is at liberty to file a second appeal afresh before the Commission, under section 19(3), along with appeal u/s 18, if any.

The petition/complaint is disposed of with above directions.

(Sushma Singh)

Information Commissioner

Authenticated true copy:

(D.C. Singh)

Dy. Registrar

Copy to:

1. The C.P.I.O.,

Shri R.P. Nath,

Joint Secretary(Admn.),

Ministry of Home Affairs,

North Block, Room No. 194,

New Delhi - 110001.

2. Mrs. Usha W/o Dr. Girdhar Kedar, Plot No. 206/7, Near GPO Square,

Civil Lines, NAGPUR - 440 001.