Central Information Commission
Mr.Som Prakash vs Mcd, Gnct Delhi on 27 December, 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/2010/001542/10639
Complaint No. CIC/SG/C/2010/001542
COMPLAINT REMANDED TO : First Appellate Authority
Office of the Deputy Commissioner,
Municipal Corporation of Delhi,
Sadar Pahar Ganj Zone, Idgarh Road behind Sadar
Police Station , Pahar Ganj, Delhi
Complainant : Mr.Som Prakash
R/o 4628-29, Shora Kothi
Pahar Ganj, New Delhi-110055
Public Information Officer : Sr. Town Planner (DP),
Public Information Officer
Office of the Assistant Commissioner
Municipal Corporation of Delhi,
Sadar Pahar Ganj Zone,
Idgah Road, Delhi-110006
Facts arising from the Complaint:
The Complainant had filed a RTI application with the PIO on 06/10/2010 asking for certain information. He received a reply from the PIO, which he found unsatisfactory. The Complainant therefore filed a Complaint with the Commission on 06/12/2010 under Section 18 of the RTI Act.
It must be noted that there is an alternate and efficacious remedy of First Appeal available under Section 19(1) of the RTI Act. It appears that the Complainant has failed to avail the same in the instant case. Consequently, the First Appellate Authority (FAA) has not had the chance to review the PIO's decision as envisaged under the RTI Act.
Decision:
In view of the aforesaid, the instant matter is remanded to the FAA.
The Commission hereby directs the FAA to treat the copy of the Complaint (enclosed herewith) as the First Appeal and decide the matter in accordance with the provisions of the RTI Act after giving all concerned parties an opportunity to be heard.
The FAA is directed to peruse all the relevant documents during the hearing and examine whether the information provided by the PIO is complete, relevant and correct. Where the FAA is satisfied that the information provided by the PIO is as per the records, the First Appeal shall be disposed of. In the event, there are any deficiencies in the information provided by the PIO, the FAA shall direct the PIO to provide the complete information in reply to the RTI application dated 06/10/2010 to the Complainant.
The Complaint is disposed of.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
27/12/2010
Enclosed: Copy of Complaint dated 06/12/2010;
Copy of PIO's reply dated 08/11/2010; and
Copy of RTI application dated 06/10/2010
(For any further correspondence in this matter, please quote the file no. mentioned above) Rnj