CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SM/C/2011/000138/SG/11840
Complaint No. CIC/SM/C/2011/000138/SG
Complaint Remanded To : First Appellate Authority & Deputy Director (Admn.),
CBI, Head Office,
Block No. 3, CGO Complex,
Lodhi Road, New Delhi
Complainant : Mr. M. S. Singhal,
House No. 738, Sector- 7B,
Chandigarh- 160007
Public Information Officer : Central Public Information Officer,
CBI, Head Office (Administration Division),
Block No. 3, CGO Complex,
Lodhi Road, New Delhi- 110003
Facts
arising from the Complaint:
The Complainant had filed RTI application(s) with the PIO on 28/09/2010, 13/10/2010, 15/10/2010,
19/10/2010 and 20/10/2010 asking for certain information. He received replies from the PIO vide letters
dated 08/11/2010 and 16/11/2010, which he found unsatisfactory. The Complainant therefore filed a
Complaint with the Commission on 03/12/2010 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 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 event,
there are any deficiencies in the information provided by the PIO, the FAA shall direct the PlO to provide
the complete information in reply to the RTI application(s) dated 28/09/2010, 13/10/2010, 15/10/2010,
19/10/2010 and 20/10/2010 to the Complainant.
The Complaint is disposed of.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
April 4, 2011
Enclosed: Copy of Complaint received on 03/12/2010;
Copy of PIO’s replies dated 08/11/2010 and 16/11/2010; and
Copy of RTI application(s) dated 28/09/2010, 13/10/2010, 15/10/2010, 19/10/2010 and
20/10/2010
(In any correspondence on this decision, mention the complete decision number.)(DG)