Central Information Commission Judgements

Mr.Pidathala Raja Sekhar Reddy vs Ministry Of Environment And … on 11 August, 2011

Central Information Commission
Mr.Pidathala Raja Sekhar Reddy vs Ministry Of Environment And … on 11 August, 2011
                CENTRAL INFORMATION COMMISSION
                 Club Building, Opposite Ber Sarai Market,
                   Old JNU Campus, New Delhi - 110067.
                           Tel: +91-11-26161796

                                         Decision No. CIC/AD/C/2011/000732/SG/14050
                                             Complaint No.CIC/AD/C/2011/000732/SG

COMPLAINT REMANDED TO :                      First Appellate Authority
                                             Director/Forest Establishment,
                                             Paryawaran bhawan,
                                             CGO Complex, Lodhi Road,
                                             New Delhi 110003


Complainant                          :       Mr. Pidathala Raja Sekhar Reddy
                                             S.R Nagar, Giddalur, Prakasam,
                                             Andhra Pradesh 523105


Public Information Officer           :       Public Information Officer
                                             Divisional Forest Officer,
                                             Giddalur, Prakasam
                                             Andhra Pradesh 523105


Facts

arising from the Complaint:

The Complainant had filed a RTI application with the PIO on 06/01/2011 asking for
certain information. He received a reply from the PIO dated 22/01/2011 which he found
unsatisfactory. The Complainant therefore filed a Complaint with the Commission on
28/03/2011 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 matter 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 PIO to provide the complete information in
reply to the RTI application dated 06/01/2011 to the Complainant.

The Complaint is disposed of.

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




                                                                                                    Shailesh Gandhi
                                                                                          Information Commissioner
                                                                                                     11 August 2011

Enclosed:            Copy of Complaint dated 11/03/2011;
                     Copy of PIO's reply dated 22/01/2011; and
                     Copy of RTI application dated 06/01/2011




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