Central Information Commission Judgements

Miss.Meena Sanyal vs Ministry Of Labour And Employment on 23 November, 2010

Central Information Commission
Miss.Meena Sanyal vs Ministry Of Labour And Employment on 23 November, 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/2010/001377/10132
                                                        Complaint No.CIC/SG/C/2010/001377
COMPLAINT REMANDED :                      First Appellate Authority
TO                                        Sub Regional Office Siliguri and Sikkim
                                          Hill Court Road Pradhan Nagar
                                          Siliguri - 734003 WB

Complainant                          :    Miss Meena Sanyal
                                          16/17, Rabindra Avenue
                                          Jyoti Complex, Flat No. 4e,PO & District Malda -
                                          732101 WB

Respondent                           :    Public Information Officer
                                          Sub Regional Office Siliguri and Sikkim
                                          Hill Court Road Pradhan Nagar
                                          Siliguri - 734003 WB


Facts

arising from the Complaint:

The complainant had filed an application with the PIO on 20/02/2009 asking for certain
information. She received a reply from the PIO, which she 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
                                                                                        23/11/2010
Encl:     RTI Application dt. 03-09-2010

          PIOs reply dt. 28-10-2010

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