Central Information Commission Judgements

Dr.Barnali Sharma vs Dr. Baba Saheb Ambedkar Hospital, … on 8 October, 2009

Central Information Commission
Dr.Barnali Sharma vs Dr. Baba Saheb Ambedkar Hospital, … on 8 October, 2009


CENTRAL INFORMATION COMMISSION
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Old JNU Campus, New Delhi – 110067.

Tel: +91-11-26161796

Decision No. CIC/SG/C/2009/001378/5109
Complaint No. CIC/SG/C/2009/001378

COMPLAINT REMANDED TO : First Appellate Authority
Medical Supdtt.

                                                   Dr. Baba Saheb Ambedkar Hospital
                                                   Govt. of NCT OF Delhi
                                                   Sector VI, Rohini
                                                   Delhi-110085

Complainant                               :        Dr.Barnali Sharma

C/o Prof. Sourav Mukherjee 411, Faculty
Quarters, IIM Bangalore, Banerghata Road,
Bangalore 560076

Public Information Officer : D.M.S (A)
Dr. Baba Saheb Ambedkar Hospital
Govt. of NCT OF Delhi
Sector VI, Rohini
Delhi-110085

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 off.

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

Shailesh Gandhi
Information Commissioner
08/10/2009
Encl: Copy of RTI Application dated 21/07/2009
Copy of PIO’s reply dated 22/08/2009
(For any further correspondence in this matter, please quote the file no. mentioned above) (SP)