Central Information Commission Judgements

Mr. Shiv Kumar Prasad vs All India Council For Technical … on 4 February, 2010

Central Information Commission
Mr. Shiv Kumar Prasad vs All India Council For Technical … on 4 February, 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/2010/000110/6700
Complaint No. CIC/SG/C/2010/000110

Complaint Remanded To : First Appellate Authority
All India Council For Technical
Education
7th Floor, Chander Lok Building,
Janpath, New Delhi – 110001.

Complainant : Mr. Shiv Kumar Prasad
C/o Kanti Singh
Mohanpur, Punaichak,
Near Devi Asthan, Patna,
Bihar – 800023.

Public Information Officer : PIO & Asstt. Director
All India Council For Technical
Education
7th Floor, Chander Lok Building,
Janpath, New Delhi – 110001.

Decision:

The complainant had filed an application with the PIO on 17/09/2009 asking for certain
information. He received a reply dated 27/10/2009 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
04/02/2010

Encl: Copy of RTI Application dated 17/09/2009.

Copy of PIO’s reply dated 27/10/2009

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