CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/C/2011/000443/12444
Complaint No. CIC/SG/C/2011/000443
COMPLAINT REMANDED TO First Appellate Authority
Govt. of NCT of Delhi
Head office 31,
Netaji Subash Marg,
Daryaganj, Delhi - 110002
Complainant Sh. Satbir Singh
Gaon Madanpur Dabaas,
Post Office - Rani kheda,
Delhi - 110081
Public Information Officer Public Information Officer
Govt. of NCT of Delhi
Head office 31,
Netaji Subash Marg,
Daryaganj, Delhi - 110002
Facts
arising from the Complaint:
The Complainant had filed a RTI application with the PIO on 21/01/2011 asking
for certain information. He received a reply from the PIO, which he found
unsatisfactory. The Complainant therefore filed a Complaint with the Commission
(09/05/2011) 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 mater 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
30-07-2010 to the Complainant.
The Complaint is disposed of.
Shailesh Gandhi
Information Commissioner
20 May 2011
Notice of this decision be given free of cost to the parties.
Enclosed: Copy of Complaint dated 09-05-2011.
Copy of PIO’s reply dated 21-02-2011; and
Copy of RTI application dated 21-01-2011.
(In any correspondence on this decision, mention the complete decision number.) (HA)