Central Information Commission
Mr. Prem Kumar vs Jawahar Navodaya Vidyalaya, Mhrd ... on 21 January, 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/2010/000059/6516 Complaint No. CIC/SG/C/2010/000059 COMPLAINT REMANDED TO : First Appellate Authority Jawahar Navodaya Vidyalaya, MHRD -Education Department, Chatra (Jharkhand), Pin Code - 825401.
Complainant : Mr. Prem Kumar,
C/o Sri Ram Ratan Rav
Marwadi Mohalla, (Sattu Gali),
Post - Distt. -Chatra, Jharkhand.
Public Information Officer : Public Information Officer,
Jawahar Navodaya Vidyalaya,
MHRD -Education Department,
Chatra (Jharkhand),
Pin Code - 825401.
Decision:
The complainant had filed an application with the PIO on 30-10-2009 asking for certain information. He received a reply from the PIO on 01-12-2009, which he found unsatisfactory. The complainant has therefore filed a complaint with the Commission under Section 18 of the RTI Act, 2005 on 14-01-2010. 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.
The Complaint is disposed off.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 21-01-2010 Encl: Copy of RTI Application dated 30-10-2009 Copy of PIO's reply dated 01-12-2009 (For any further correspondence in this matter, please quote the file no. mentioned above) (BK)