Central Information Commission Judgements

Mr. Arvidn Kumar Aggarwal vs Ministry Of Labour And Employment on 8 September, 2010

Central Information Commission
Mr. Arvidn Kumar Aggarwal vs Ministry Of Labour And Employment on 8 September, 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/2010/001109/9300
                                                      Complaint No.CIC/SG/C/2010/001109
COMPLAINT REMANDED :                      FAA and RPFC-I
TO                                        Employees Provident Fund Organisation
                                          Regional Office, Mumbai-I (CSD),
                                          341, Bhavisya Nidhi Bhawan,
                                          Bandra-E, Mumbai-400051.

Complainant                          :    Mr. Arvidn Kumar Aggarwal
                                          D-343, Aya Nagar,
                                          PO-Mehrauli, New Delhi-110030.

Respondent                           :    Central Public Information Officer
                                          Employees Provident Fund Organisation
                                          Regional Office, Mumbai-I (CSD),
                                          341, Bhavisya Nidhi Bhawan,
                                          Bandra-E, Mumbai-400051.


Facts

arising from the Complaint:

The complainant had filed an application with the PIO on 17/05/2010 asking for certain
information. He received a reply from the PIO on 02/08/2010, 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.

Decision:

The Complaint is disposed off.

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



                                                                                  Shailesh Gandhi
                                                                        Information Commissioner
                                                                                        08/09/2010
Encl:     RTI Application dated 17/05/2010

          PIO reply dated 02/08/2010

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