Mr. Khuman L. Rathod vs All India Council For Technical … on 24 April, 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/2009/000301/2933
                                                         Complaint No. CIC/SG/C/2009/000301

COMPLAINT REMANDED TO :                        First Appellate Authority,
                                               All India Council for Technical Education
                                               NBCC Place (East Block),
                                               4th floor Bhisham Pitamah Marg,
                                               Pargati Vihar Lodhi Road,
                                               New Delhi-110 003

Complainant                           :        Mr. Khuman L. Rathod,
                                               108, Sapna Flats,
                                               Adarsh School Road,
                                               Patan-384265
                                               North Gujurat

Public Information Officer            :        Dy. Director and PIO,
                                               All India Council for Technical Education
                                               7th Floor, Chander Lok Building,
                                               Janpath, New Delhi - 110001
Decision:
        The complainant had filed an application with the PIO on 04/03/2009 asking for certain
information. He received a reply from the PIO, which he found unsatisfactory. On seeking
clarifications, he received no reply. 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
                                                                                 24 April 2009
Encl:
   1.

Copy of the complaint