CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi – 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000120/6752
Complaint No. CIC/SG/C/2010/000120
Complaint Remanded To : FAA & ADC (Health)
Municipal Corporation of Delhi
Room No. 50A, Town Hall,
Chandni Chowk, Delhi-110006.
Complainant : Mr. Rakesh Kumar
H.No. 268, Rithala Road,
Vill & PO - Badli,
Delhi - 110092.
Public Information Officer : PIO & Admn. Officer
Municipal Corporation of Delhi
O/o the Administrative Officer(Health)
Town Hall, Chandni Chowk,
Delhi-110006.
Decision:
The complainant had filed an application with the PIO on 24/11/2009 asking for certain
information. He received a reply dated 23/12/2009 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
09/02/2010
Encl: Copy of RTI Application dated 24/11/2009.
Copy of PIO’s reply dated 23/12/2009
(For any further correspondence in this matter, please quote the file no. mentioned above) (GJ)