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CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/000422/12334
Complaint No. CIC/SG/C/2011/000422
COMPLAINT REMANDED TO : First Appellate Authority
Office of the Director Welfare
New Delhi Municipal Council,
Palika Kendra, New Delhi-110001
Complainant : Mr. I C Mittal
52, Todarmal Road,
New Delhi-110001
Public Information Officer : Public Information Officer
Office of the Director Welfare
New Delhi Municipal Council,
Palika Kendra, New Delhi-110001
Facts
arising from the Complaint:
The Complainant had filed a RTI application with the PIO on 12/08/2010 asking for certain
information. He received a reply dated 13/09/2010, from the PIO, which he found unsatisfactory. The
Complainant therefore filed a Complaint with the Commission on 02/05/2011 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
PIOs’ decision as envisaged under the RTI Act.
Decision:
In view of the aforesaid, the instant matter 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
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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 dated 12/08/2010 to the
Complainant.
The Complaint is disposed of.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
11/05/2011
Enclosed: Copy of Complaint filed on 02/05/2011;
Copy of PIO's reply dated 13/09/2010; and
Copy of RTI application dated 12/08/2010.
(For any further correspondence in this matter, please quote the file no. mentioned above) Rnj