Central Information Commission Judgements

Mr. K.C. Bhalla vs O/O Registrar Cooperative … on 29 June, 2009

Central Information Commission
Mr. K.C. Bhalla vs O/O Registrar Cooperative … on 29 June, 2009


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

Tel: +91-11-26161796

Decision No. CIC/SG/C/2009/000713/3947
File No. CIC/SG/C/2009/000713

COMPLAINT REMANDED TO : First Appellate Authority
O/o Registrar Cooperative Societies
GNCT of Delhi
Parliament Street, New Delhi-110001

Complainant : Mr. K.C. Bhalla
House No. 2/23
Sarva Priya Vihar
Delhi-110016

Public Information Officer : Mr. Dhirendra Kumar
Asst. Registrar/PIO
O/o Registrar Cooperative Societies
GNCT of Delhi
Parliament Street, New Delhi-110001

Decision:

The complainant had filed an application with the PIO on 26/03/2009 asking for certain
information. She 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.

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

Shailesh Gandhi
Information Commissioner
29 June, 2009
Encl: Copy of the Complaint.

(For any further correspondence in this matter, please quote the file no. mentioned above)