Central Information Commission
Mr.Netrapal Singh vs Department Of Posts on 13 June, 2012
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26101592
Decision No. CIC/LS/C/2011/000247/BS/0314
Complaint No. CIC/LS/C/2011/00247/BS
COMPLAINT REMANDED TO : First Appellate Authority through the PIO
Department of Posts
O/o Sr. Superintendent of Post,
Mathura Circle,
Mathura - 281001, U.P.
Complainant : Mr. Netrpal Singh
Asst. Accountant,
O/o Sr. Superintendent of Police,
Dist - Mathura - 281001, U.P.
Public Information Officer : Public Information Officer
Department of Posts
O/o Sr. Superintendent of Post,
Mathura Circle,
Mathura - 281001, U.P.
Facts arising from the Complaint:
The Complainant had filed a RTI application with the PIO on 04/03/2008 asking for certain information. He received a reply from the PIO, which he found unsatisfactory. The Complainant therefore directly filed a Complaint with the Commission on 02/08/2010 received on 12/08/2010 under Section 18 of the RTI Act.
The Commission has observed that the Complainant has not filed a First Appeal under Section 19(1) of the RTI Act and consequently, the First Appellate Authority (FAA) has not had the opportunity to review the PIO's decision as envisaged under the RTI Act.
Decision In view of the aforesaid, the instant mater 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 to the Complainant.
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 June 13, 2012 Enclosed: Copy of Complaint dated received on 12/08/2010.
Copy of PIO's reply dated 14/01/2009; and Copy of RTI application dated 04/03/2008.