Central Information Commission Judgements

Pritam Nirankari vs Deputy Director Of Education on 30 March, 2009

Central Information Commission
Pritam Nirankari vs Deputy Director Of Education on 30 March, 2009
                     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/2009/000265/2537
                                                          Complaint No. CIC/SG/C/2009/000265

COMPLAINT REMANDED TO :                        The First Appellate Authority
                                               Regional Director of Education (North)
                                               Sarvodaya Vidyalaya Building,
                                               'FU' Block, Pitampura,
                                               Delhi - 110088

Complainant                           :        Pritam Nirankari
                                               House No - H-66, G.S. Apartment,
                                               Sector - 13, Rohini,
                                               Delhi - 110085

Public Information Officer            :        The Public Information Officer
                                               Deputy Director of Education,
                                               Dist. North/West (A),
                                               BL Block, Shalimar Bagh.
                                               Delhi - 110088
Decision:
       The complainant had filed an application with the PIO on 02/03/2009 asking for certain
information. He received a reply from the PIO, 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
                                                                                March 30, 2009
Encl:
1.

Copy of the complaint