Sh. Habib Khan vs Slum And Jj Department, Municipal … on 5 May, 2009

                   CENTRAL INFORMATION COMMISSION
                            Room No. 415, 4th Floor,
                          Block IV, Old JNU Campus,
                              New Delhi - 110067.
                             Tel: + 91 11 26161796

                                                         Decision No. CIC /SG/C/2009/000117/3114
                                                            Complaint No. CIC/SG/C/2009/000117


COMPLAINT REMANDED TO :                        The First Appellate Authority
                                               The Deputy Commissioner (Slum & JJ Department)
                                               Municaipal Corporation of Delhi
                                               Punarvas Bhawan, I.P Estate
                                               New Delhi-110002

Complainant                           :        Sh. Habib Khan
                                               27/465, Trilok Puri
                                               New Delhi

Public Information Officer            :        The Public Information Officer
                                               Slum and JJ Department,
                                               Municipal Corporation of Delhi
                                               Room No 8, ITO, New Delhi-110002
Decision:
       The complainant had filed an application with the PIO on 06/08/2008 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
                                                                                     May 5, 2009
Encl:
1.

Copy of the complaint