CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi – 110067.
Tel: +91-11-26161796
Date: 09/07/2009
Decision No. CIC/SG/C/2009/000800/4048
Complaint No. CIC/SG/C/2009/000800/
COMPLAINT REMANDED TO : The First Appellate Authority
National Institute of Open Schooling
A-24-25, Institutional Area, Sec-62,
Noida-201309,
Uttarpradesh
Complainant : Ms. Praveen Bharti
23-A, Bhagwan Nagar,
Ashram,
Delhi-110014.
Public Information Officer : Ms. Anita Priyadarshini
Joint Director (Personnel) & CPIO-I
National Institute of Open Schooling
A-24-25, Institutional Area, Sec-62,
Noida-201309 (UP).
Decision:
The complainant had filed an application with the PIO on 25/03/2009 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.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
9 July 2009
Encl: Copy of RTI Application dated 25/03/2009
Copy of PIO’s reply dated 26/06/2009
(For any further correspondence in this matter, please quote the file no. mentioned above)