CENTRAL INFORMATION COMMISSION
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Decision No. CIC /SG/C/2009/00479/3420
Complaint No. CIC/SG/C/2009/00479/
COMPLAINT REMANDED TO : The First Appellate Authority
C.B.S.E. Regional Office,
Todarmal Marg,
Ajmer – 305 030
Complainant : Mr. Ashok Kumar Pathak,
49 Geetanjali Nagar, Sector I,
P.O. Shanker Nagar,
Raipur 492 007
Public Information Officer : Mr. J.M. Rawal,
Public Information Officer,
C.B.S.E. Regional Office,
Todarmal Marg,
Ajmer – 305 030
Decision:
The complainant had filed an application with the PIO on 02/03/2009 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. 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
May 25, 2009