Central Information Commission Judgements

Mr. Vrashabh Prasad Jain vs Mahatma Gandhi Antrarashtriya … on 12 December, 2008

Central Information Commission
Mr. Vrashabh Prasad Jain vs Mahatma Gandhi Antrarashtriya … on 12 December, 2008


CENTRAL INFORMATION COMMISSION
Room no.415, 4th Floor, Block IV,
Old JNU Campus, New Delhi 110066.

Tel: + 91 11 26161796

Decision No. CIC /OK/C/2008/00797/SG/0515
Complaint No. CIC/OK/C/2008/00797/SG

COMPLAINT REMANDED TO : The Registrar
First Appellate Authority
Mahatma Gandhi Antrarashtriya Hindi
Vishwavidyalaya, Post Box-16
Panchtila, Wardha
Maharashtra-442001

Complainant : Mr. Vrashabh Prasad Jain
B- 1/23 Sector G
Janakipuram
Lucknow-226021

Public Information Officer : Public Information Officer,
Mahatma Gandhi Antrarashtriya Hindi
Vishwavidyalaya, Post Box-16
Panchtila, Wardha
Maharashtra-442001

Decision:

The complainant had filed an application with the PIO on 16/06/2008 asking for certain
information. He received a reply from the PIO, which he found unsatisfactory. The
complainant has therefore filed a complaint with the Commission under Section 18 of the
RTI Act. The complainant has not used the alternate and efficacious remedy of the 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, 2005, after giving
both sides an opportunity of a hearing.

The Complaint is disposed.

Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
December 12, 2008