Central Information Commission Judgements

Smt.Amarjeet Kaur vs Mcd, Gnct Delhi on 27 September, 2010

Central Information Commission
Smt.Amarjeet Kaur vs Mcd, Gnct Delhi on 27 September, 2010
                            CENTRAL INFORMATION COMMISSION
                             Club Building, Opposite Ber Sarai Market
                                Old JNU Campus, New Delhi -110067
                                       Tel : +91-11-26161796
                                                                  Decision No.CIC/SG/C/2010/001164/9514
                                                                    Complaint No.CIC/SG/C/2010/001164

COMPLAINT REMANDED :                                     FAA & Chief Town Planner
TO                                                       Municipal Corporation of Delhi
                                                         Town Planning Department, 4th Floor
                                                         Nigam Bhawan, Kashmere Gate
                                                         Delhi- 110006

Complainant                                       :      Smt Amarjeet Kaur
                                                         C 17, Mansarover Garden
                                                         New Delhi- 110015

Respondent                                        :      PIO
                                                         Municipal Corporation of Delhi
                                                         Town Planning Department
                                                         Nigam Bhawan, Kashmere Gate
                                                         Delhi- 110006


Facts

arising from the Complaint:

The complainant had filed an application with the PIO on 16/07/2010 asking for
certain information. She received a reply dated 19/08/2010 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.

Decision:

The Complaint is disposed off.

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