Central Information Commission Judgements

Mr.S P Goyal vs Government Of Nct Of Delhi on 26 April, 2010

Central Information Commission
Mr.S P Goyal vs Government Of Nct Of Delhi on 26 April, 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/2010/000518/7572
Complaint No. CIC/SG/C/2010/000518

COMPLAINT REMANDED TO : The Dy. Commissioner (NW) & FAA
Govt. of NCT of Delhi
District North-West, Kanjhawla,
Delhi – 110081.

Complainant                            :       Mr. S.P. Goyal
                                               Nav Vihar Dhara Kalyan Samiti
                                               1439/9, Purani Kachhari,
                                               Kashmere Gate, Delhi - 110006

Public Information Officer             :       The SDM(Sarswati Vihar) & PIO
                                               Govt. of NCT of Delhi
                                               District North-West, Kanjhawla,
                                               Delhi - 110081.

Decision:

The complainant had filed an application with the PIO on 10/12/2009 asking for
certain information. She received a reply from the PIO, which she 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
26-04-2010
Encl: Copy of RTI Application dated 10/12/2009.

Copy of PIO’s reply dated 08/03/2010.

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