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Miss.Lalita Kumari vs Ut Of Andaman And Nicobar on 24 November, 2011

Central Information Commission
Miss.Lalita Kumari vs Ut Of Andaman And Nicobar on 24 November, 2011
                    CENTRAL INFORMATION COMMISSION
                     Club Building, Opposite Ber Sarai Market,
                       Old JNU Campus, New Delhi - 110067.
                               Tel: +91-11-26161796


                                            Decision No. CIC/SG/C/2011/001390/15907
                                                Complaint No. CIC/SG/C/2011/001390


COMPLAINT REMANDED TO                        First Appellate Authority
                                             UT of Andaman & Nicobar
                                             Mill Division, Chatham,
                                             Port Blair - 744102.


Complainant                                  Miss.Lalita Kumari
                                             D/o Late Ram Govind,
                                             R/o School Line, P.O Junglighat,
                                             Port Blair-744103.


Public Information Officer                   Public Information Officer
                                             UT of Andaman & Nicobar
                                             O/o The Dy. Conservator of Forests,
                                             Mill Division, Chatham,
                                             Port Blair - 744102.



Facts

arising from the Complaint:

The Complainant had filed a RTI application with the PIO on 09/05/2011 asking for
certain information. She received a reply from the PIO, which she found unsatisfactory.
The Complainant therefore filed a Complaint with the Commission (15/11/2011) 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 to the Complainant.

The Complaint is disposed of.

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

Shailesh Gandhi
Information Commissioner
24th November2011

Enclosed: Copy of Complaint dated 15-11-2011.

Copy of PIO’s reply dated 16-05-2011; and
Copy of RTI application dated 09-05-2011.

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