CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/C/2011/001057/14616
Complaint No. CIC/SG/C/2011/001057
COMPLAINT REMANDED TO First Appellate Authority
Municipal Corporation of Delhi
O/o The Asstt. Director of Vigilance,
Dr. S.P. Mukherjee Bhawan,
26th Floor, Civic Centre,
Minto Road,
New Delhi
Complainant Smt. Ritu Gupta
H.No. 24, Street No. 12,
Sarva Priya Vihar,
New Delhi - 110016
Public Information Officer Public Information Officer
Municipal Corporation of Delhi
O/o The Asstt. Director of Vigilance,
Dr. S.P. Mukherjee Bhawan,
26th Floor, Civic Centre,
Minto Road,
New Delhi
Facts
arising from the Complaint:
The Complainant had filed a RTI application with the PIO on 09/06/2011 asking
for certain information. He received a reply from the PIO, which he found unsatisfactory.
The Complainant therefore filed a Complaint with the Commission (07/09/2011) under
Section 18 of the RTI Act.
It must be noted that there is an alternate and efficacious remedy of First Appeal
available under section 19(1) of the RTI Act. It appears that the Complainant has failed to
avail the same in the instant case. Consequently, the First Appellate Authority (FAA) has
not had the chance to review the PIO’s decision as envisaged under the RTI Act.
Decision
In view of the aforesaid, the instant mater is remanded to the FAA.
The Commission hereby directs the FAA to treat the copy of the Complaint
(enclosed herewith) as the First Appeal and decide the matter in accordance with the
provisions of the RTI Act after giving all concerned parties an opportunity to be heard.
The FAA is directed to peruse all the relevant documents during the hearing and
examine whether the information provided by the PIO is complete, relevant and correct.
Where the FAA is satisfied that the information provided by the PIO is as per the records,
the First Appeal shall be disposed of. In the event, there are any deficiencies in the
information provided by the PIO, the FAA shall direct the PIO to provide the complete
information in reply to the RTI application to the Complainant.
The Complaint is disposed of.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
September 15, 2011
Enclosed: Copy of Complaint dated 07-09-2011.
Copy of PIO's reply dated 18-08-2011; and
Copy of RTI application dated 09-06-2011.