Sh. Virendra Kumar vs Northern Railways on 30 March, 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/2009/000253/2533
                                                          Complaint No. CIC/SG/C/2009/000253

COMPLAINT REMANDED TO :                        Divisional Material Manager (FAA),
                                               Northern Railway,
                                               Ambala Cantt.

Complainant                           :        Sh. Virendra Kumar,
                                               Retired Principal, Bathinda House,
                                               Navneet Sadan,
                                               Sabuthur Road,
                                               Solan - 173211
                                               Himachal Pradesh

Public Information Officer            :        The Public Information Officer
                                               Station Master,
                                               Northern Railways,
                                               The Mall, Solan - 173212
                                               Himachal Pradesh

Decision:
       The complainant had filed an application with the PIO on 19/01/2009 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