Mr.Harish Chandra Singh Vs. Ministry of Mines - Court Judgment

Excerpt:
.....cic/ss/a/2011/000994 name of appellant name of respondent : : mr. harish chandra singh ministry of mines indian bureau of mines order the commission has received an appeal dated 26.11.2010 from mr. harish chandra singh u/s 18 of the rti act, 2005, against the indian bureau of mines statingthat the first-appellate authority has not decided his first-appeal dated 2.9.2010 pertaining to his rti-request dated 31.5.2010. 2. perused the documents submitted by the appellant. it is observed that appellant’s rti-request dated 31.5.2010 was replied to by cpio, indian bureau of mines, vide letter no. f-14012/1/2010-estt.a dated 23.8.2010. 3. the appellant filed his first-appeal dated 2.9.2010 before aa, controller of mines, indian bureau of mines, udaipur which was not decided by aa. 4. in.....

Judgment:
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Case No. CIC/SS/A/2011/000994 Name of Appellant Name of Respondent : : Mr. Harish Chandra Singh Ministry of Mines Indian Bureau of Mines ORDER The Commission has received an appeal dated 26.11.2010 from Mr. Harish Chandra Singh u/s 18 of the RTI Act, 2005, against the Indian Bureau of Mines stating

that the first-appellate authority has not decided his first-appeal dated 2.9.2010 pertaining to his RTI-request dated 31.5.2010. 2. Perused the documents submitted by the Appellant. It is observed that Appellant’s RTI-request dated 31.5.2010 was replied to by CPIO, Indian Bureau of Mines, vide letter No. F-14012/1/2010-Estt.A dated 23.8.2010. 3. The Appellant filed his first-appeal dated 2.9.2010 before AA, Controller of Mines, Indian Bureau of Mines, Udaipur which was not decided by AA. 4. In order to avoid multiple proceedings under section 19 and 18 of the RTI Act, viz., appeals and complaints, the matter is remitted to AA, Controller of Mines, Indian Bureau of Mines, Udaipur (along with a copy of complaint), with the following directions: i) In case the first appeal dated 2.9.2010 has not been disposed of by AA, he should dispose of the first appeal by passing a speaking order, after hearing the parties in the matter, within two weeks of receipt of this order. ii) In case AA has already disposed of the first-appeal, he should furnish a copy of his order to the Appellant within one week of receipt of this order.

-2Case No. CIC/SS/A/2011/000994 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 complaint u/s 18, if any, within the prescribed time limit. The Appeal is disposed of with above directions. Sd/(Sushma Singh) Information Commissioner 11.10.2011 Authenticated true copy:

(K.K. Sharma) OSD & Dy. Registrar

Copy to:

1. Shri Harish Chandra Singh, Senior Mining Geologist, Indian Bureau of Mines, 142C, Hiran Magri, Sector-1, Udaipur-313002. The First Appellate Authority, Shri S.P. Goyal, Regional Controller of Mines, & I/c Controller of Mines (NZ), Indian Bureau of Mines, 142C, Sector-11, Hiran Magri, Udaipur-313002.

2.