Central Information Commission Judgements

Miss Asha Devi vs Delhi Jal Board on 26 March, 2010

Central Information Commission
Miss Asha Devi vs Delhi Jal Board on 26 March, 2010


CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi – 110067.

Tel: +91-11-26161796

Decision No. CIC /SG/C/2010/000349/7257
Complaint No. CIC /SG/C/2010/000349

COMPLAINT REMANDED TO : First Appellate Authority
Delhi Jal Board,
Varunalaya Phase – II,
Karol Bagh, New Delhi.

Complainant                            :       Miss Asha Devi,
                                               House No. H-132,
                                               Janta Jeevan Camp,
                                               Tigri, Delhi - 110062.

Public Information Officer             :       Public Information Officer
                                               Delhi Jal Board,
                                               Jal Sadan, (South Zone),
                                               Jal Vihar, Lajpat Nagar,
                                               New Delhi - 110024.


Decision:

The complainant had filed an application with the PIO on 29-01-2010 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
26-03-2010
Encl: Copy of RTI Application dated 29-01-2010.

Copy of PIO’s reply dated 16-02-2010.

(For any further correspondence in this matter, please quote the file no. mentioned above) (BK)