Central Information Commission Judgements

Mr.D Vijaya Kumar vs Ministry Of Labour And Employment on 2 June, 2010

Central Information Commission
Mr.D Vijaya Kumar vs Ministry Of Labour And Employment on 2 June, 2010


CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi – 110067.

Tel: +91-11-26161796

Decision No. CIC/DS/C/2010/000102/SG/7971
Complaint No. CIC/DS/C/2010/000102/SG

COMPLAINT REMANDED TO : Regional P.F. Commissioner & FAA
Employees Provident Fund Organisation
Regional Office, Kerala
Bhavishya Nidhi Bhawan, Pattom
Thiruvananthapuram – 695004

Complainant : Mr. D. Vijay Kumar
Poovakunnathu House
Kiliroor North P.O.

Kerala

Public Information Officer : Mr. N. Satheesan
Asstt. P.F. Commissioner & APIO
Employees Provident Fund Organisation
Regional Office, Kerala
Bhavishya Nidhi Bhawan, Pattom
Thiruvananthapuram – 695004

Decision:

The complainant had filed an application with the PIO on 07/10/2009 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, 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
02-06-2010
Encl: Copy of RTI Application dated 19/08/2009
Copy of PIO’s reply dated 07/10/2009.
(For any further correspondence in this matter, please quote the file no. mentioned above) (k.j)