Central Information Commission Judgements

Mr. Subhash Chandra Agrawal vs Hardayal Municipal Public … on 17 July, 2009

Central Information Commission
Mr. Subhash Chandra Agrawal vs Hardayal Municipal Public … on 17 July, 2009


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

Tel: +91-11-26161796
Date: 17/07/2009

Decision No. CIC/SG/C/2009/000765/4163
Complaint No. CIC/SG/C/2009/000765

COMPLAINT REMANDED TO : First Appellate Authority
Secretary,
Hardayal Municipal Public Library
Gandhi Ground, Chandni Chowk,
Delhi-110006.

Complainant : Mr. Subhash Chandra Agrawal
1775 Kucha Lattushah, Dariba,
Chandni Chowk, Delhi-110006.

Public Information Officer : Librarian
Hardayal Municipal Public Library
Gandhi Ground, Chandni Chowk,
Delhi-110006.

Decision:

The complainant had filed an application with the PIO on 27/05/2009 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.

Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
17 July, 2009

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