Mr.Nitesh Kumar Tripathi vs Employees State Insurance … on 6 September, 2010

                  CENTRAL INFORMATION COMMISSION
                   Club Building, Opposite Ber Sarai Market,
                     Old JNU Campus, New Delhi - 110067.
                             Tel: +91-11-26161796

                                                 Decision No. CIC/SG/C/2010/000855/9220
                                                   Complaint No. CIC/SG/C/2010/000855

COMPLAINT REMANDED TO :                     First Appellate Authority
                                            Employees State Insurance Corporation
                                            Panchdeep Bhawan, CIG Marg
                                            New Delhi- 110002

Complainant                          :      Mr. Nitesh Kumar Tripathi
                                            Room No. 101, Boys Hostel
                                            RIMS and R, Saifi, Etawah
                                            Uttar Pradesh- 206301

Public Information Officer           :      PIO & Asst Director (RTI)
                                            HQ Office
                                            Employees State Insurance Corporation
                                            Panchdeep Bhawan; CIG Marg
                                            New Delhi- 110002

Decision:
        Mr. Nitesh Kumar Tripathi had filed a RTI application with the CPIO, ESIC,
Panchdeep Bhawan, CIG Marg on 11/03/2010 asking for certain information. However on not
having received the information within the mandated time, the Complainant filed a complaint
under Section 18 of the RTI Act with the Commission. On this basis, the Commission issued
a notice to the PIO, ESIC, Panchdeep Bhawan on 30/06/2010 with a direction to provide the
information to the Complainant and further sought an explanation for not furnishing the
information within the mandated time.

        The Commission received a letter dated 28/07/2010 from the PIO & Asst Director
(RTI), HQ Office, ESIC, Panchdeep Bhawan; CIG Marg, wherein it was stated that their
office did not receive the original RTI Application dated 11/03/2010, hence no information
was provided to the Complainant. It was further stated that subsequent to the Commission's
notice, the Application was forwarded to the concerned departments of ESIC for providing
necessary information to the Complainant.

        Thereafter, the Commission received a letter dated 02/08/2010 from the Complainant
alleging that information provided is incomplete and not in compliance with the
Commission's notice

       The Complainant is hereby directed to present the information that was provided to
him by the PIOs to the First Appellate Authority and further use the alternate and efficacious
remedy of First Appeal available under Section 19 (1) of the RTI Act. Subsequently, as
envisaged under the RTI Act, the First Appellate Authority will have the chance to review the
PIOs replies that were provided to the Complainant with regard to the RTI Application dated
11/03/2010

and decide whether the information provided is appropriate or not.

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 off.

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

Shailesh Gandhi
Information Commissioner
06/09/2010

Encl: Copy of RTI Application dated 11/03/2010
Copy of the PIOs replies dated 04/08/2010, 29/07/2010, 23/07/2010, 28/05/2010

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