Central Information Commission
Appeal No. CIC/WB/A/2008/00638-SM dated 18.3.2008
Right to Information Act-2005 - Under Section (19)
Dated 16.10.2008
Appellant - Shri K.S. Saini
Respondents - Wing Commander, RTI Branch, AIR HQ (VB), Rafi
Marg, New Delhi
ORDER
Shri K.S. Saini of Rohini, Delhi had preferred this appeal on 18.3.2008
against the order of the CPIO in the Ministry of Defence. This case came on
transfer to me in September, 2008.
2. Shri Saini had applied for certain information concerning his annual
confidential rolls to the CPIO, Air Headquarters, New Delhi on 16.10.2007. The
CPIO concerned passed an order on 22.11.2007 and informed the applicant that
the information sought could not be disclosed as it was exempted under Section
8(1)(e) of the Act.
3. Dissatisfied with the reply, the appellant filed his first appeal before the 1st
Appellate Authority on 19.12.2007. From the records enclosed with the appeal, it
appears that the First Appellate Authority is yet to hear the appeal and pass
orders. Obviously, no appeal can be filed before this Commission against the
order of the CPIO bypassing the First Appellate Authority.
4. Therefore, I remand this case to the First Appellate Authority with the
direction that he should hear and dispose off the appeal filed before him within
15 working days from the receipt of this order and report compliance to this
Commission. The appellant will be free to approach this Commission in second
appeal if still unsatisfied with the order of the First Appellate Authority.
5. The appeal is thus disposed off. Copies of this order be given free of cost
to the parties.
Sd/-
(Satyananda Mishra)
Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied
against application and payment of the charges prescribed under the Act to the
CPIO of this Commission.
Sd/-
(Vijay Bhalla)
Assistant Registrar