Central Information Commission Judgements

Mr. J.S. Jendu vs New Municipal Council Of Delhi on 30 June, 2009

Central Information Commission
Mr. J.S. Jendu vs New Municipal Council Of Delhi on 30 June, 2009


CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi – 110067.

Tel: +91-11-26161796

Decision No. CIC/SG/C/2009/000601/3940
File No. CIC/SG/C/2009/000601

COMPLAINT REMANDED TO : First Appellate Authority
New Delhi Municipal Council of Delhi
Palika Kendra, New Delhi
CGIT Cell, 4th Floor
New Delhi

Complainant : Mr. J.S. Jendu
B-716, DDA MIG Flat
East of Loni Road
Shahdara
Delhi

Public Information Officer : The Public Information Officer
Deputy Director (Estt.)
New Municipal Council of Delhi
Palika Kendra, New Delhi
CGIT Cell, 4th Floor
New Delhi

Decision:

The complainant had filed an application with the PIO on 12/02/2009 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, 2005. The
complainant has not used the alternate and efficacious remedy of 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, after giving all concerned
parties an opportunity to be heard.

The Complaint is disposed.

Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
30 June, 2009
Encl: Copy of the Complaint.

(For any further correspondence in this matter, please quote the file no. mentioned above)