CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market
Old JNU Campus, New Delhi -110067
Tel : +91-11-26161796 +91-11-26161796
Decision No.CIC/SG/C/2010/000584/7634
Complaint No.CIC/SG/C/2010/000584
COMPLAINT REMANDED : FAA & Dy. Commissioner
TO Municipal Corporation of Delhi
Horticulture Department, Central Zone,
Near Jal Sadan, Shiv Mandir Marg,
Lajpat Nagar, New Delhi-110024.
Complainant : Mr. Balbir Singh Gehlot
202, Sunlight Colony No.1,
New Delhi-110014.
Respondent : PIO & Asstt. Director
Municipal Corporation of Delhi
Horticulture Department, Central Zone,
Near Jal Sadan, Shiv Mandir Marg,
Lajpat Nagar, New Delhi-110024.
Facts
arising from the Complaint:
The complainant had filed an application with the PIO on 10/02/2010 asking for certain
information. He received a reply from the PIO on 05/03/2010, 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.
Decision:
The Complaint is disposed off.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
06/05/2010
Encl: Copy of the RTI Application dated 10/02/2010
Copy of the PIO reply dated 05/03/2010
(For any further correspondence in this matter, please mention the file number given above.) GJ