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CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000245/11863
Complaint No. CIC/SG/C/2011/000245
COMPLAINT REMANDED TO : First Appellate Authority
Medical Superintendent,
Sushruta Trauma Centre,
Govt of NCT of Delhi,
9, Metcalf Road,
Delhi-110054
Complainant : Ms. Ajit Kumar,
Chamber no. 53 A Patiala House Court
New Delhi-110001
Public Information Officer : Public Information Officer,
Office of the Medical Superintendent,
Sushruta Trauma Centre,
Govt. of NCT of Delhi,
9, Medical Road, Delhi-110054
Facts
arising from the Complaint:
The Complainant had filed a RTI application with the PIO on 11/12/2010 asking for certain
information. He received a reply from the PIO dated 04/01/2011, 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.
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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 11/12/2010 to the Complainant.
The Complaint is disposed of.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
05/04/2011
Enclosed: Copy of Complaint dated 28/03/2011;
Copy of PIO's reply dated 04/01/2011; and
Copy of RTI application dated 11/12/2010.
(For any further correspondence in this matter, please quote the file no. mentioned above) (Rnj)