CENTRAL INFORMATION COMMISSION
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Decision No. CIC/AD/C/2011/001090/SG/13734
Complaint No.CIC/AD/C/2011/001090/SG
COMPLAINT REMANDED TO : First Appellate Authority
Ministry of Tourism,
Scope Complex Core 8,
6th Floor, 7 Lodhi Road,
New Delhi 03
Complainant : Mr. Sukomal Sarkar
Adhoc Information Assistant/TIO
318 Shyama Prasad Pally,
PurbaPutiary,
Kolkata 700093
Public Information Officer : Chief Public Information Officer,
Ministry of Tourism, Govt. of India
Transport Bhawan, 1 Parliament street
New Delhi 110001
Facts
arising from the Complaint:
The Complainant had filed a RTI application with the PIO on 05/04/2011 asking for
certain information. He received a reply from the PIO dated 09/05/2011 which he found
unsatisfactory. The Complainant therefore filed a Complaint with the Commission on
28/03/2011 under Section 18 of the RTI Act.
It must be noted that there is an alternate and efficacious remedy of First Appeal
available under Section 19(1) of the RTI Act. It appears that the Complainant has failed
to avail the same in the instant case. Consequently, the First Appellate Authority (FAA)
has not had the chance to review the PIO’s decision as envisaged under the RTI Act.
Decision:
In view of the aforesaid, the instant matter is remanded to the FAA.
The Commission hereby directs the FAA to treat the copy of the Complaint (enclosed
herewith) as the First Appeal and decide the matter in accordance with the provisions of
the RTI Act after giving all concerned parties an opportunity to be heard.
The FAA is directed to peruse all the relevant documents during the hearing and examine
whether the information provided by the PIO is complete, relevant and correct. Where the
FAA is satisfied that the information provided by the PIO is as per the records, the First
Appeal shall be disposed of. In the event, there are any deficiencies in the information
provided by the PIO, the FAA shall direct the PIO to provide the complete information in
reply to the RTI application dated 05/04/2011 to the Complainant.
The Complaint is disposed of.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
28 July 2011
Enclosed: Copy of Complaint dated 07-06-2011;
Copy of PIO's reply dated 09-05-2011; and
Copy of RTI application dated 05-04-2011.
(For any further correspondence in this matter, please quote the file no. mentioned above) (Vj)