Mr Bn Tripathi vs Department Of Indian Railways on 2 April, 2009

                     CENTRAL INFORMATION COMMISSION
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                                                         Decision No. CIC /SG/C/2009/000289/2610
                                                           Complaint No. CIC /SG/C/2009/000289

COMPLAINT REMANDED TO :                          Appellate Auhtority
                                                 Sh.S.R.Thakur,
                                                 AMC-Room-No.470,
                                                 Department of Indian railways
                                                 Railway Board, Rail Bhavan, New Delhi

Complainant                              :       Mr BN Tripathi Sr. Divisional Medical
                                                 Officer, S.E. Railway Hospital
                                                 Chakvadharpur, Qrt No. E/112/3
                                                 Railway Colony Chakadharpur
                                                 Jharkhand - 833102

Public Information Officer              :        The Chief Public Information Officer,
                                                 Department of Indian railways
                                                 Railway Board, Rail Bhavan, New Delhi

Decision:
       The complainant had filed an application with the PIO on 12.12.2008 asking for certain
information. He received a reply from the PIO, which 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
                                                                                        April 2, 2009

Encl:
1.

Copy of the complaint

(Please quote the above mentioned decision number in case of any further communication)