CENTRAL INFORMATION COMMISSION
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Decision No. CIC/AD/C/2011/000510/SG/14153
Complaint No. CIC/AD/C/2011/000510/SG
COMPLAINT REMANDED TO : Secretary[ER] & Appellate Authority
Room No. -183 A, South Block
Ministry of External Affairs
New Delhi 110011
Complainant : Mr. Sanjeev Kumar
Attache (PIC), Embassy of India
Dunajska 4, 81108, Bratislava
Slovak Republic
C/o Ministry of External Affairs
Diplomat Bag Section
South Block, New Delhi
Public Information Officer : The Head of Chancery & Information
Officer
Embassy of India, Dunajska 4
81108 Bratislava, Slovakia
Facts
arising from the Complaint:
The Complainant had filed a RTI application with the PIO on 26/10/2010 asking for
certain information. He received a reply from the PIO dated 24/11/2010, which he found
unsatisfactory. The Complainant therefore filed a Complaint with the Commission on
02/02/2011 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.
Decision:
In view of the aforesaid, the instant matter 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 dated 16/09/2011 to the Complainant.
The Complaint is disposed of.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
18 August 2011
Enclosed: Copy of Complaint dated 26/10/2010;
Copy of PIO's reply dated 24/11/2011; and
Copy of RTI application dated 02/02/2011.
(For any further correspondence in this matter, please quote the file no. mentioned above) (Vj)