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Central Information Commission
Mr.Deepak Agnihotri vs Government Of Nct Of Delhi on 17 March, 2011
                                    CENTRAL INFORMATION COMMISSION
                                          Club Building, Opposite Ber Sarai Market,
                                            Old JNU Campus, New I)elhi - 110067.
                                                    Tel: +91-11-26161796
                                                                                      Decision No. CIC/SG/C/2011/000184/11528
                                                                                          Complaint No. CIC/SG/C/2011/000184

COMPLAINT REMANDED TO                                                     First Appellate Authority
                                                                          Govt. of NCT of Delhi
                                                                          O/o The S.D.M,,
                                                                          District South West,
                                                                          Najafgarh Delhi.

Complainant                                                               Sh. Deepak Agnihotri,
                                                                          House No.22, Prem Nagar Market,
                                                                          Tyag Raj Nagar, Delhi - 110002.

Public Information Officer                                                Public Information Officer
                                                                          Govt. of NCT of Delhi
                                                                          O/o The Block Development Officer,
                                                                          District South West,
                                                                          Najafgarh, Delhi.

Facts

arising from the Complaint:

The Complainant had filed a RTI application with the PIO on 31-01-2010 asking for certain
information. He received a reply from the PIO, which he found unsatisfactory. The Complainant therefore
filed a Complaint with the Commission (date of Complaint) 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 PlO is complete, relevant and correct. Where the FAA is satisfied that the
information provided by the PlO 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 PlO, the FAA shall direct the PlO to provide
the complete information in reply to the RTI application dated 31-01-2011 to the Complainant.

The Complaint is disposed of.

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

Shailesh Gandhi
Information Commissioner
17 March 2011
(In any correspondence on this decision, mention the complete decision number.)(BK)
Enclosed: Copy of Complaint dated 23-02-2011.

Copy of PlO’s reply dated 10-02-2011; and
Copy of RTI application dated 31-01-2011.


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