Central Information Commission Judgements

Mr.Pawan Kumar Rai vs Gnctd on 29 June, 2010

Central Information Commission
Mr.Pawan Kumar Rai vs Gnctd on 29 June, 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/2010/000852/8329
                                                               Complaint No.CIC/SG/C/2010/000852
COMPLAINT REMANDED                      :     First Appellate Authority
TO                                            Delhi Jal Board, GNCTD,
                                              Varunalaya Phase-II,
                                              Karol Bagh, Delhi-110005.

Complainant                             :     Pawan Kumar Rai
                                              Quater no. 60/III,
                                              Varun Niketan, Pitampura (North),
                                              Delhi-110088.

Respondent                              :     Public Information Officer
                                              Director (Admn & Persn),
                                              Delhi Jal Board, GNCTD,
                                              Varunalaya Phase-II,
                                              Karol Bagh, Delhi-110005.


Facts

arising from the Complaint:

The Complainant had filed an application with the PIO on 16-04-2010 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.

Decision:

The Complaint is disposed off.

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



                                                                                            Shailesh Gandhi
                                                                                  Information Commissioner
                                                                                                  29/06/2010
Encl:     RTI Application dated 16/04/2010
          Reply of the PIO dated 12/05/2010

(For any further correspondence in this matter, please mention the file number given above.) ND