Posted On by &filed under Central Information Commission, Judgements.

Central Information Commission
Mr.Pratap Singh Gandas vs Mcd, Gnct Delhi on 16 September, 2011
                       Club Building, Opposite Ber Sarai Market,
                        Old JNU Campus, New Delhi - 110067.
                                Tel: +91-11-26161796

                                              Decision No. CIC/SG/C/2011/001068/14628
                                                  Complaint No. CIC/SG/C/2011/001068

COMPLAINT REMANDED TO                              First Appellate Authority
                                                   Municipal Corporation of Delhi
                                                   O/o The Dy Commissioner
                                                   Health Department,
                                                   South Zone, Green Park,
                                                   New Delhi -110016.

Complainant                                        Mr. Pratap Singh Gandas
                                                   R/o 33A/9, Village Kishangarh,
                                                   Vasant Kunj, New Delhi - 110070.

Public Information Officer                         Public Information Officer
                                                   Municipal Corporation of Delhi
                                                   O/o The Dy. Health Officer
                                                   Health Department,
                                                   South Zone, Green Park,
                                                   New Delhi -110016.


arising from the Complaint:

The Complainant had filed a RTI application with the PIO on 24-08-2011 asking for certain
information. He received a reply from the PIO, which he found unsatisfactory. The
Complainant therefore filed a Complaint with the Commission (09/09/2011) 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.

In view of the aforesaid, the instant mater 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 to the Complainant.

The Complaint is disposed off.

Shailesh Gandhi
Information commissioner
September 16th, 2011.

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

Enclosed: Copy of Complaint (Received) dated 09-09-2011.

Copy of PIO’s reply dated 30-08-2011; and
Copy of RTI application dated 24-08-2011.

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