Central Information Commission
Dr. Hanjabam Surmangol Sharma vs Assam University, Silchar on 16 February, 2009
CENTRAL INFORMATION COMMISSION Room No. 415, 4th Floor, Block IV, Old JNU Campus, New Delhi - 110067.
Tel: + 91 11 26161796 Decision No. CIC /SG/C/2009/000080/1701 Complaint No. CIC/SG/C/2009/000080 COMPLAINT REMANDED TO : First Appellate Authority, RTI, Assam University, Silchar -788011 Complainant : Dr. Hanjabam Surmangol Sharma Wangkhei Konsam Leikai Durga Pujah Lampak Imphal -795001, (Manipur) Public Information Officer : Deputy Registrar (P & A) Assam University, Silchar -788011 Decision:
The complainant had filed an application with the PIO on 21/10/2008 asking for certain information. He received a reply from the PIO, which he found unsatisfactory. The complainant has therefore filed a complaint with the Commission under Section 18 of the RTI Act. The complainant has not used the alternate and efficacious remedy of the 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, 2005, after giving both sides an opportunity of a hearing.
The Complaint is disposed.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner February 16, 2009 Encl:
1. Copy of the complaint