Central Information Commission Judgements

Mr. Gianendra Agarwal vs Delhi Jal Board on 16 January, 2009

Central Information Commission
Mr. Gianendra Agarwal vs Delhi Jal Board on 16 January, 2009

CENTRAL INFORMATION COMMISSION
Room no.415, 4th Floor, Block IV,
Old JNU Campus, New Delhi 110066.

Tel : + 91 11 26161796

Decision No. CIC /SG/C/2008/00226/1142
Complaint No. CIC/SG/C/2008/00226

COMPLAINT REMANDED TO : The First Appellate Authority
The Member (Finance)
Delhi Jal Board, Varunalaya Phase II
Karol Bagh, New Delhi-110005

Complainant : Mr. Gianendra Agarwal
9A/69 W.E.A Karol Bagh
New Delhi-110005

Public Information Officer : The Public Information Officer
Office of the Secretary
Delhi Jal Board, Varunalaya Phase II
Karol Bagh, New Delhi-110005

Decision:

The complainant had filed an application with the PIO on 29/07/2008 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
16th January, 09.

(For any further correspondence, please mention the decision number for a quick disposal)