Mr. A.K Sharma vs M/O H.R.D., D/O School Education & … on 30 March, 2009

                   CENTRAL INFORMATION COMMISSION
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                                                       Decision No. CIC /SG/C/2009/000172/2514
                                                          Complaint No. CIC/SG/C/2009/000172

COMPLAINT REMANDED TO :                        Sh. S. C. Khuntia,
                                               M/o H.R.D., D/o School Education & Literacy
                                               Joint Secretary (SE)/ Appellate Authority
                                               Room No. 217-C, D/o SE&L,
                                               MHRD, Shastri Bhawan, New Delhi-110001

Complainant                           :        Mr. A.K Sharma
                                               B-201, Palam Extn
                                               Sector-7, Dwarka
                                               New Delhi- 110077

Public Information Officer            :        Mr. Ishwar Singh
                                               M/o H.R.D., D/o School Education & Literacy
                                               Deputy Secretary/PIO
                                               Ground Floor, 'B' Wing
                                               Shashtri Bhavan, New Delhi- 110001
Decision:
       The complainant had filed an application with the PIO on 01/12/2008 asking for certain
information. He received a reply from the PIO, 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
                                                                               March 30, 2009
Encl:
1.

Copy of the complaint