CENTRAL INFORMATION COMMISSION
Appeal No CIC/WB/A/2007/00876 dated 19.08.2007
Right to Information Act 2005-Section 19
Appellant: Shri Prem Prakash
Respondent: New Delhi Municipal Council (NDMC), Delhi.
Decision
The Commission has received an appeal from Shri Prem Prakash of
Pitampura, Delhi, praying as follows:-
“Complete information may be given as per my application
dated 27-02-2007 appeal made to appellate authority but reply
is given by PIO, why?”
That information seeking details of allotment of NDMC quarters was
originally sought through an application to the PIO, AD (Estate Qtr) NDMC on
7.02.’07. In his response of 27.2.’07 PIO NDMC has conveyed copies of six
documents. Shri Prem Prakash has then moved a second application addressed
to the appellate authority on 6.3.’07 seeking further details on action taken on the
basis of these documents. However PIO has responded on 21.3.’07 asking that
Shri Prem Prakash apply afresh since information sought were different to that
requested earlier. However, alleging that when he made a fresh application in
response on 18.4.’07 clarifying that his letter of 6.3.’07 was in fact a first appeal,
his application was refused by the PIO, Shri Prem Prakash moved an appeal
before the appellate authority, Municipal Housing Branch, NDMC on 20.4.’07, to
which he has received no response.
Because the 1st appellate authority has not addressed the questions of
appellant, which are of direct concern to his public authority, the Commission has
decided to remand this appeal to First Appellate Authority & Director (Estate),
Room No.-5016, Palika Kendra, Delhi to dispose of the appeal of Prem Prakash
within ten working days from the date of receipt of this decision, under intimation
to Shri Pankaj Shreyaskar, Jt Registrar, Central Information Commission.
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If not satisfied with the information provided on his 1st appeal, appellant Shri
Prem Prakash will be free to move a 2nd appeal before us as per Sec 19 (3).
Announced. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner)
31.12.2008
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO of
this Commission.
(PK Shreyaskar)
Jt. Registrar
31.12.2008
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