CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi – 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/C/2009/000704/3734
Complaint No. CIC/SG/C/2009/000704
COMPLAINT REMANDED TO : First Appellate Authority
Secretary (STA)
Govt. of N.C.T. of Delhi,
Transport Department,
5/9 Underhill Road,
Delhi-110054.
Complainant : Rakesh Agarwal
B-24 Vikram Nagar,
Feroze Shah Kotla,
New Delhi-110002.
Public Information Officer : Ajay K. Bisht
Sr. Dy. Comm.(OPS)
Govt. of N.C.T. of Delhi,
Transport Department
(Operation Branch)
5/9, Underhill Road,
Delhi-110054.
Decision:
The Complainant had filed an application with the PIO on 29/05/2009 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, 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
16 June, 2009
(For any further correspondence in this matter, please quote the file no. mentioned above)
(AK)