Central Information Commission Judgements

Mr. Ajay Swami vs Municipal Corporation Of Delhi on 9 March, 2010

Central Information Commission
Mr. Ajay Swami vs Municipal Corporation Of Delhi on 9 March, 2010


CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi – 110067.

Tel: +91-11-26161796

Decision No. CIC /SG/C/2010/000043/7103
Complaint No. CIC/SG/C/2010/000043

COMPLAINT REMANDED TO : First Appellate Authority
Director (Personnel)
Central Establishment Department,
Room No.90
Municipal Corporation of Delhi
Town Hall, New Delhi-110006

Complainant : Mr. Ajay Swami
319, Manav Apartments
Plot No.-3, Sector-9
Rohini, Delhi-110085

Public Information Officer : Public Information Officer
Central Establishment Department
Municipal Corporation of Delhi
Town Hall, New Delhi-110006

Decision:

The complainant had filed an application with the PIO on 15/10/2009 asking for certain
information. He received a reply from the PIO, 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.

The Complaint is disposed off.

Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
09/03/2010
Encl: Copy of RTI Application dated 15/10/2009
Copy of PIO’s reply dated 16/11/2009
(For any further correspondence in this matter, please quote the file no. mentioned above) (SP)