Central Information Commission Judgements

Mr.Rajugupta vs Government Of Nct Of Delhi on 16 June, 2010

Central Information Commission
Mr.Rajugupta vs Government Of Nct Of Delhi on 16 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/2010/000769/8156
                                                                  Complaint No.CIC/SG/C/2010/000769

COMPLAINT REMANDED TO                         :     First Appellate Authority
                                                    Office of the First Appellate Authority
                                                    Delhi Jal Board, Govt. of NCT of Delhi
                                                    Varunalaya PH-II, Karol Bagh
                                                    New Delhi-110005

Complainant                                   :     Mr Raju Gupta
                                                    J-37, Arya Samaj Road
                                                    Uttamnagar, New Delhi-110059

Respondent                                    :     Public Information Officer
                                                    Secretary, ,
                                                    Delhi Jal Board, Govt. of NCT of Delhi
                                                    Room No 315, B-Varunalaya PH-II,
                                                    Karol Bagh, New 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 dated 12/05/2010, 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
                                                                                                 16/06/2010
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.) Rnj