CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi – 110067.
Tel: +91-11-26161796
Decision No. CIC /SG/C/2010/000668/7808
Complaint No. CIC /SG/C/2010/000668
COMPLAINT REMANDED TO : First Appellate Authority
Govt. of NCT of Delhi
Services Department, Coordination Branch,
Delhi Secretariat, 7th Level, B-Wing,
I.P. Estate, New Delhi -110002.
Complainant : Mr. R.N. Agarwala,
House No. WZ - 316,
Naraina, New Delhi - 110028.
Public Information Officer : Public Information Officer,
Govt. of NCT of Delhi
Services Department, Coordination Branch,
Delhi Secretariat, 7th Level, B-Wing,
I.P. Estate, New Delhi -110002.
Decision:
The complainant had filed an application with the PIO on 18-01-2010 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.
The Complaint is disposed off.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
20/05/2010
Encl: Copy of RTI Application dated 18-01-2010.
Copy of PIO’s reply dated 16-02-2010.
(For any further correspondence in this matter, please quote the file no. mentioned above) (BK)