Central Information Commission Judgements

Mr. Khazan Chand vs National Bal Bhawan on 26 December, 2008

Central Information Commission
Mr. Khazan Chand vs National Bal Bhawan on 26 December, 2008


CENTRAL INFORMATION COMMISSION
Room no.415, 4th Floor, Block IV,
Old JNU Campus, New Delhi 110066.

Tel: + 91 11 26161796

Decision No. CIC /OK/C/2008/00859/SG/0730
Complaint No. CIC/OK/C/2008/00859

COMPLAINT REMANDED TO : Ms. Amita Shaw (Director)
The First Appellate Authority
National Bal Bhawan
Kotla Road
New Delhi

Complainant : Mr. Khazan Chand,
109, Ashok Garden
Gurgaon
Haryana

Public Information Officer : Mr. M.R. Kapoor
PIO
National Bal Bhawan
Kotla Road
New Delhi

Decision:

The complainant had filed an application with the PIO on 28/09/2007 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
December 26, 2008