Central Information Commission Judgements

Dr. Kalpana Gupta vs Pio & Chief Engineer(South) on 9 June, 2010

Central Information Commission
Dr. Kalpana Gupta vs Pio & Chief Engineer(South) on 9 June, 2010
                                     CENTRAL INFORMATION COMMISSION
                                      Club Building, Opposite Ber Sarai Market
                                         Old JNU Campus, New Delhi -110067
                                      Tel : +91-11-26161796 , +91-11-26161796
                                                                                   Decision No.CIC/SG/C/2010/000745/8076
                                                                                     Complaint No.CIC/SG/C/2010/000745

                                                     :    First Appellate Authority &
                                                          The Member (Finance)
                                                          Delhi Jal Board (GNCTD)
                                                          Room No.121, Varunalaya, Ph-II,
  COMPLAINT REMANDED TO                                   Karol Bagh, New Delhi-110005.

  Complainant                                        :    Dr. Kalpana Gupta
                                                          F-1111, C.R.Park,
                                                          New Delhi-110019.

  Respondent                                         :    PIO & Chief Engineer(South)
                                                          Delhi Jal Board(GNCTD)
                                                          Varunalaya, Ph-II, Karol Bagh,
                                                          New Delhi-110005.
Facts

arising from the Complaint:

The complainant had filed an application with the PIO on 23/04/2010 asking for certain information. He received a
reply from the PIO on 13/05/2010, 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.

Decision:

The Complaint is disposed off.

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

                                                                                                            Shailesh Gandhi
                                                                                                  Information Commissioner
                                                                                                                  09/06/2010
Encl:                     Copy of the RTI Application dated 23/04/2010

                          Copy of the PIO reply dated 13/05/2010

(For any further correspondence in this matter, please mention the file number given above.) GJ