CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi – 110067.
Tel: + 91 11 26161796
Decision No. CIC/SG/C/2009/000722/3842
Complaint No. CIC/SG/C/2009/000722
COMPLAINT REMANDED TO : Mr. Akhil Kumar Shukla
First Appellate Auhtority
O/o The Commissioner,
Navodaya Vidyalaya Samiti
Regional Office:- Boring Road,
Patna – 13, Bihar.
Complainant : Mr. Onkar Nath Mehra,
Teacher, Mohalla – Bhedwa – Nawadih,
Madhupur, Distt. – Devdhar, Jharkhand.
Public Information Officer : Principal,
Jawahar Navodaya Vidyalaya,
Hansdiha, Dumka, Jharkhand.
Decision:
The complainant had filed an application with the PIO on 18-02-2009 asking for
certain information. He received a reply from the PIO, which he found unsatisfactory.
The complainant has therefore filed a complaint with the Commission under Section 18
of the RTI Act. The complainant has not used the alternate and efficacious remedy of the
First Appeal available under Section 19 (1) of the RTI Act. Consequently, the First
Appellate Authority has not had the chance to review the PIO’s decision as envisaged
under the RTI Act.
Therefore the matter is remanded to the First Appellate Authority with a direction
to decide the matter in accordance with the provisions of the RTI Act, 2005, after giving
both sides an opportunity of a hearing.
The Complaint is disposed.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
24th June, 2009