Did you file this as a "Complaint" under Sec 18 or a "Second Appeal" under Sec 19(3) ?
If it was a second appeal (and first appeal under Sec 19(1) already exhausted), there are no grounds for her to return this to the FAA.
This is a copy paste order of several (thousands) such orders by IC DS, IC SS, IC AD, and even IC SG.
CIC SM also passes such orders depending on the mood of his Registry staff.
RTIwanted
From: M.K. Gupta <mkgupta100@yahoo.co.in>
To: humjanenge@googlegroups.com
Cc: Mahesh Tak <tak.mahesh@gmail.com>; REJIMON Keshavan Chathanchirayil <rejimonck@gmail.com>
Sent: Thursday, June 2, 2011 10:33 PM
Subject: [HumJanenge] CIC-NO PENALTY OR ACTION AGAINST CPIO/FAA, DDA EVEN THEN BOTH HAVE NOT RESPONDED
| In a case wherein neither the CPIO nor the FAA of DDA has given any reply to the complainant, the decision of Mrs. Deepak Sandhu, Hon'bvle CIC has been given below. This decision has by and large, exornated the CPIO from any penaly or disciplanary action. FAA has also got almost scot-free. In the face of such decisions, Public Authorities will hardly take the RTI Act seriously and will give information after an applicant/ complainant reaches the CIC. CENTRAL INFORMATION COMMISSION Room No.-307, 2nd Floor, B-Wing, August Kranti Bhawan Bhikaji Cama Place, New Delhi-110066. Telefax:011-26180532 & 011-26107254 Website : cic.gov.in Date : April 13, 2011 Complaint No. : CIC/DS/C/2011/000219 Complainant : Shri Mahesh Tak, Dwarka (New Delhi). Public Authority : Delhi Development Authority, New Delhi. ORDER The Commission has received a complaint petition, dated 23/06/2010 (Diary No.:43128/2010) from Shri Mahesh Tak, in respect of his/her RTI-application on 04/03/2010 filed with the CPIO, Office of the Superintending Engineer (H.Q.), Delhi Development Authority, Manglapuri, New Delhi-110045 (A Copy of RTI application is enclosed). Thereafter, the petitioner filed 1st Appeal before the First Appellate Authority of Public Authority. From the perusal of documents on record, it is seen that the same has not been adjudicated upon by the First Appellate Authority. 2. In order to avoid multiple proceedings under section 19 and 18 of the RTI Act, viz, appeals and complaints, the matter is remitted to the CPIO with the following directions: i. In case, no reply has been given by CPIO to the complainant to his/her RTI request, the CPIO should furnish a reply to the complainant within two weeks of receipt of this order. ii. In case CPIO has already given reply to the complainant in the matter, he/she should furnish a copy of his/her 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. Page 1 iv. A copy of CPIO's reply will be endorsed to the Commission clearly indicating the case number and reason for delay, if any, in providing information. 3. In case the complainant is not satisfied with the reply received from the CPIO, he/she, under section 19(i) of the RTI Act, may file first-appeal before the FAA within the time prescribed under the RTI Act. 4. On receipt of the first appeal from the petitioner as per the above directions, FAA should dispose of the appeal within the period stipulated in the RTI Act. 5. In case complainant still feels aggrieved by the decision of FAA, he/she shall be free to approach the Commission in second appeal under section 19(3), along with complaint u/s 18, if any, within the prescribed time limit. (Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy: (T. K. Mohapatra) U.S. & Dy. Registrar Tele. No. : 011-26105027 tk.mohapatra@nic.in Copy to :- 1. Shri Mahesh Tak 58 C, Pocket – 1, Sector – 10, Dwarka, New Delhi-110075. Contact No. : 98104 09087. 2. Central Public Information Officer Office of the Superintending Engineer (H.Q.), Delhi Development Authority, Page 2 Manglapuri, New Delhi-110045. -:- Page 3 |
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