Central Information Commission Judgements

Mr. Rajendra Prasad vs Mcd on 6 October, 2009

Central Information Commission
Mr. Rajendra Prasad vs Mcd on 6 October, 2009


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

Tel: +91-11-26161796

Decision No. CIC/SG/C/2009/001360/5051
Complaint No. CIC/SG/C/2009/001360

COMPLAINT REMANDED TO : First Appellate Authority
Engineer in Chief
MCD, Town Hall, Chandni Chowk
Delhi-110006

Complainant : Mr. Rajendra Prasad
80-G, Pocket-A 1
Mayur Vihar-III
New Delhi-1100096

Public Information Officer : Suptd. Engineer (Bldg. HQ)
Press Building,Town Hall, Chandni Chowk
Delhi-110006

Decision:

The complainant had filed an application with the PIO on 16/07/2009 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
06/10/2009
Encl: Copy of RTI Application dated 16/07/2009
Copy of PIO’s reply dated 06/08/2009
(For any further correspondence in this matter, please quote the file no. mentioned above) (SP)