Central Information Commission Judgements

Mr. Amar Chand Kalshan vs Indian Institute Of Technology on 22 January, 2010

Central Information Commission
Mr. Amar Chand Kalshan vs Indian Institute Of Technology on 22 January, 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/2010/000072/6539
Complaint No. CIC/SG/C/2010/000072

COMPLAINT REMANDED TO : First Appellate Authority
Indian Institute of Technology
Hauz Khas, New Delhi – 110016.

Complainant                             :       Mr. Amar Chand Kalshan
                                                E-128/2, Mohd. Pur,
                                                New Delhi - 110066.

Public Information Officer              :       Public Information Officer
                                                Indian Institute of Technology
                                                Hauz Khas, New Delhi - 110016.

Decision:

The complainant had filed an application with the PIO on 26/11/2009 asking for certain
information. He received a reply dated 09/12/2009 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
22/01/2010

Encl: Copy of RTI Application dated 26/11/2009.

Copy of PIO’s reply dated 09/12/2009

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