Madan Lal Sharma vs Cbse, New Delhi. on 11 December, 2008

                 CENTRAL INFORMATION COMMISSION
                     Room no.415, 4th Floor, Block IV,
                    Old JNU Campus, New Delhi 110066.
                          Tel : + 91 11 26161796

                                           Decision No. CIC /OK/C/2008/00701/SG/0467
                                           Complaint No. CIC/OK/C/2008/00701/SG


COMPLAINT REMANDED TO :                        The HOD (Edu.sat) & the First Appellate
                                               Authority, CBSE, Shiksha
                                               Kendra, Community Centre, Preet
                                               Vihar, New Delhi-110092.

Complainant                        :           Madan Lal Sharma,
                                               # 1007, Housing Board Colony,
                                               Ambala Cantt-133001

Public Information Officer             :       Ms. Rama Sharma,
                                               Public Information Officer,
                                               CBSE (Affiliation Branch), Shiksha
                                               Kendra, Community Centre, Preet
                                               Vihar, New Delhi.

Decision:
The complainant had filed an application with the PIO on 22/11/2007 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. The complainant has not used the alternate and efficacious remedy of the 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, 2005, after giving
both sides an opportunity of a hearing.

The Complaint is disposed.
Notice of this decision be given free of cost to the parties.


                                                              Shailesh Gandhi
                                                        Information Commissioner
                                                             December 11, 2008
Encl:
1.

Copy of the complaint