S. M. Nahata vs Municipal Corporation Of Delhi on 30 March, 2009

                     CENTRAL INFORMATION COMMISSION
                            Room No. 415, 4th Floor,
                          Block IV, Old JNU Campus,
                              New Delhi - 110067.
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                                                       Decision No. CIC /SG/C/2009/000222/2529
                                                          Complaint No. CIC/SG/C/2009/000222

COMPLAINT REMANDED TO :                        First Appellate Authority,
                                               Deputy Commissioner,
                                               Municipal Corporation of Delhi,
                                               Town Hall, Delhi

Complainant                           :        S. M. Nahata,
                                               4378, Murari Lal Street,
                                               4B, Ansari Road, Daryaganj,
                                               New Delhi - 110002

Public Information Officer            :        The Public Information Officer
                                               Municipal Corporation of Delhi,
                                               Town Hall, Delhi

Decision:
       The complainant had filed an application with the PIO on 07/01/2008 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