Central Information Commission Judgements

Mr. Chander Kant Jha vs Central Jail No. 1, Tihar on 22 February, 2010

Central Information Commission
Mr. Chander Kant Jha vs Central Jail No. 1, Tihar on 22 February, 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/2010/000181/6922
Complaint No. CIC/SG/C/2010/000181

COMPLAINT REMANDED TO : First Appellate Authority
Central Jail No. 1
Tihar, New Delhi – 110064

Complainant : Mr. Chander Kant Jha
S/o Shri Radhey Kant Jha
H.S.W. No. 8, Central Jail No. 3
Tihar, New Delhi 110064.

Public Information Officer : Public Information Officer
O/o the Superintendent
Central Jail No. 1,
Tihar, New Delhi 110064

Decision:

The complainant had filed an application with the PIO on 29/10/2009 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
22-02-2010
Encl: Copy of RTI Application dated 23/09/2009.

Copy of PIO’s reply dated 29/10/2009

(For any further correspondence in this matter, please quote the file no. mentioned above) (k.j)