CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000754/13519
Complaint No. CIC/SG/C/2011/000754
COMPLAINT REMANDED TO First Appellate Authority
Municipal Corporation of Delhi
O/o The Dy Commissioner,
Karol Bagh Zone, Nigam Bhawan,
Anand Parbat, New Delhi -110005.
Complainant Mr. Mahinder Pal Kataria,
52/62-D, Gali No. 19,
Nai Basti, Anand Parbat,
New Delhi -110005.
Public Information Officer (Respondent 1). Public Information Officer
Municipal Corporation of Delhi
O/o S.E. (Engineer Department),
Karol Bagh Zone, Nigam Bhawan,
Anand Parbat, New Delhi -110005.
Public Information Officer (Respondent 2). Public Information Officer
Municipal Corporation of Delhi
O/o Dy. Chief Accountant.
Karol Bagh Zone, Nigam Bhawan,
Anand Parbat, New Delhi -110005.
Public Information Officer (Respondent 3). Public Information Officer
Municipal Corporation of Delhi
O/o The Health Officer.
Karol Bagh Zone, Nigam Bhawan,
Anand Parbat, New Delhi -110005.
Facts
arising from the Complaint:
The Complainant had filed a RTI application with the PIO on 30-05-2011 asking for certain
information. He received a reply from the PIO, which he found unsatisfactory. The
Complainant therefore filed a Complaint with the Commission (13-07-2011) under Section 18
of the RTI Act.
It must be noted that there is an alternate and efficacious remedy of First Appeal available
under section 19(1) of the RTI Act. It appears that the Complainant has failed to avail the same
in the instant case. Consequently, the First Appellate Authority (FAA) has not had the chance
to review the PIO’s decision as envisaged under the RTI Act.
Decision
In view of the aforesaid, the instant mater is remanded to the FAA.
The Commission hereby directs the FAA to treat the copy of the Complaint (enclosed
herewith) as the First Appeal and decide the matter in accordance with the provisions of the
RTI Act after giving all concerned parties an opportunity to be heard.
The FAA is directed to peruse all the relevant documents during the hearing and examine
whether the information provided by the PIO is complete, relevant and correct.
Where the FAA is satisfied that the information provided by the PIO is as per the records, the
First Appeal shall be disposed of. In the event, there are any deficiencies in the information
provided by the PIO, the FAA shall direct the PIO to provide the complete information in reply
to the RTI application dated 13-07-2011 to the Complainant.
The Complaint is disposed of.
Shailesh Gandhi
Information Commissioner
July 18th, 2011
Notice of this decision be given free of cost to the parties.
Enclosed: Copy of Complaint dated 13-07-2011.
Copy of PIO's reply dated 30-06-2011and
Copy of RTI application dated 30-05-2011.