Central Information Commission Judgements

Mr. Pankaj Shende vs National Institute Of Technology … on 27 August, 2009

Central Information Commission
Mr. Pankaj Shende vs National Institute Of Technology … on 27 August, 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/2009/001185/4597
Complaint No. CIC/SG/C/2009/001185

COMPLAINT REMANDED TO : First Appellate Authority
Director
National Institute of Technology Raipur
G. E. Road, Raipur – 490201
Chhattisgarh.

Complainant                            :       Mr. Pankaj Shende
                                               HIG - II/73, Sector - 4,
                                               Pt. Deendayal Upadhyay Nagar,
                                               Raipur - 490201
                                               Chhatisgarh.

Public Information Officer             :       Public Information Officer

National Institute of Technology Raipur
G. E. Road, Raipur – 490201
Chhattisgarh.

Decision:

The complainant had filed an application with the PIO on 30/03/2009 asking for
certain information. He 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
27 August 2009
Encl: Copy of RTI Application dated 30/03/2009
Copy of PIO’s reply dated 16/06/2009

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