CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/C/2011/001031/14499
Complaint No. CIC/SG/C/2011/001031
COMPLAINT REMANDED TO First Appellate Authority
Ministry of Health & Family Welfare
O/o The Director,
Indian Red Cross Society,
1, Red Cross Road,
New Delhi - 110001
Complainant Shri C.S. Pandey
Flat No. 20, Shivalik Apt.,
Lok Nirman Plot No. 105,
I.P. Extension, Patparganj,
Delhi - 110092
Public Information Officer Public Information Officer
Ministry of Health & Family Welfare
O/o The Director,
Indian Red Cross Society,
1, Red Cross Road,
New Delhi - 110001
Facts
arising from the Complaint:
The Complainant had filed a RTI application with the PIO on 02/12/2010 asking for
certain information. He received a reply from the PIO, which he found unsatisfactory. The
Complainant therefore filed a Complaint with the Commission (01/09/2011) under Section
18 of the RTI Act.
It must be noted that there is an alternate and efficacious remedy of First Appeal
available under section 19(1) of the RTI Act. It appears that the Complainant has failed to
avail the same in the instant case. Consequently, the First Appellate Authority (FAA) has not
had the chance to review the PIO’s decision as envisaged under the RTI Act.
Decision
In view of the aforesaid, the instant mater is remanded to the FAA.
The Commission hereby directs the FAA to treat the copy of the Complaint (enclosed
herewith) as the First Appeal and decide the matter in accordance with the provisions of the
RTI Act after giving all concerned parties an opportunity to be heard.
The FAA is directed to peruse all the relevant documents during the hearing and
examine whether the information provided by the PIO is complete, relevant and correct.
Where the FAA is satisfied that the information provided by the PIO is as per the records, the
First Appeal shall be disposed of. In the event, there are any deficiencies in the information
provided by the PIO, the FAA shall direct the PIO to provide the complete information in
reply to the RTI application to the Complainant.
The Complaint is disposed of.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
September 08, 2011
Enclosed: Copy of Complaint dated 01-09-2011.
Copy of PIO's reply dated 17-03-2011; and
Copy of RTI application dated 02-12-2010.