Mr. Maghender Walia vs Mcd on 26 February, 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/2008/000094/2091
                                                  Complaint No. CIC/SG/C/2008/000094

COMPLAINT REMANDED TO :                         First Appellate Authority,
                                                MCD, Karol Bagh Zone,
                                                Nigam Bhavan, Anand Parbat
                                                New Delhi -110005

Complainant                           :        Mr. Maghender Walia,
                                               65/57, New Rohtak Road
                                               New Delhi

Public Information Officer            :        Deputy Commissioner,
                                               MCD, Karol Bagh Zone,
                                               Nigam Bhavan, Anand Parbat,
                                               New Delhi -110005

Decision:
 The complainant had filed an application with the PIO on 04/08/2008 asking for certain
information. She received a reply from the PIO, which she 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
                                                                        February 26, 2008
Encl:
1.

Copy of the complaint