Central Information Commission Judgements

Mr. M.P. Singh vs Amity University, Lucknow … on 24 April, 2009

Central Information Commission
Mr. M.P. Singh vs Amity University, Lucknow … on 24 April, 2009


CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi – 110067.

Tel: + 91 11 26161796

Decision No. CIC /SG/C/2009/000308/2937
Complaint No. CIC/SG/C/2009/000308

COMPLAINT REMANDED TO : First Appellate Auhtority,
Amity University, Lucknow University,
Viraj Khand-5, Gomti Nagar Scheme
Lucknow-226010
Uttar Pradesh

Complainant : Mr. M.P. Singh,
B-90, Alok Nagar Post,
Dibiyapur, Auraiya,
Uttar Pradesh
Pin-206244

Public Information Officer : Director (ELM),
Amity University, Lucknow University,
Viraj Khand-5, Gomti Nagar Scheme
Lucknow-226010
Uttar Pradesh

Decision:

The complainant had filed an application with the PIO on 31/01/2009 asking for certain
information. He received a reply from the PIO stating that the said university was not a public
authority as under the RTI, 2005. This reply was deemed unsatisfactory by the complainant. 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
24 April 2009