Central Information Commission
Mr.Vijaya Kumar vs Department Of Posts on 16 January, 2013
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26101592
File No. CIC/LS/C/2011/000061/BS/1694
Decision Date-January16, 2013
COMPLAINT REMITTED TO : First Appellate Authority
Kidwai Memorial Institute
Through CPIO, Kidwai Memorial Institute of
Oncology- Bangalore -560029
Complainant : Shri V.K. Vijaya Kumar, Kuttaidi House,
Thuvvakkoda, P.O.- Chemanchery,
Kozhikode, Dt. Kerala. Pin 673304
Public Information Officer : CPIO
Kidwai Memorial Institute
Kidwai Memorial Institute of Oncology-
Bangalore-560029
Facts arising from the Complaint:
The Complainant had filed a RTI application with the CPIO on 03/03/2010. He did not receive any reply from CPIO within mandated period. The Complainant therefore directly filed a Complaint with the Commission on 18/10/2010 received on 21/10/2010 under Section 18 of the RTI Act.
The Commission has observed that the Complainant has not filed a First Appeal. Consequently, the First Appellate Authority (FAA) has not had the opportunity to review the CPIO's decision as envisaged under section 19 of the RTI Act.
Decision Notice:
In view of the aforesaid, the instant matter is remitted to 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 Commission shall be intimated of the same.
Furthermore, if the Complainant is not satisfied with the orders of the FAA, he will be free to move a Second Appeal before the Commission under Section 19(3) of the RTI Act.
The Complaint is disposed of.
Notice of this decision be given free of cost to the parties.
Basant Seth Information Commissioner Enclosed: Copy of Complaint received on 21/10/2010 Copy of RTI application dated 03/03/2010