Central Information Commission Judgements

Mrs.Chandra Kanta vs Government Of Nct Of Delhi on 30 November, 2010

Central Information Commission
Mrs.Chandra Kanta vs Government Of Nct Of Delhi on 30 November, 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/2010/001421/10221
                                                                    Complaint No.CIC/SG/C/2010/001421

COMPLAINT REMANDED TO : First Appellat Authority
                        MAIDS Complex
                        Delhi State Dental Council
                        Bahadur Shah Zafar Marg, New Delhi-110002

Complainant                                 : Mrs Chandra Kanta
                                              19/27, 2nd Floor,
                                              Old Rajinder Nagar,New Delhi-110060

Respondent                                  : Public Information Officer
                                              Registrar
                                              Delhi State Dental Council
                                              MAIDS Complex
                                              Bahadur Shah Zafar Marg, New Delhi-110002
Facts

arising from the Complaint:

The complainant had filed an application with the PIO on 23/09/2010 asking for certain
information. She received a reply from the PIO dated 27/10/2010, which she 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
30/11/2010
Encl: Copy of RTI application dated 23/09/2010
PIO reply dated 27/10/2010

(For any further correspondence in this matter, please mention the file number given above.) Rnj