Central Information Commission
Mr.D S Negi vs Department Of Posts on 28 May, 2012
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26101592
Decision No. CIC/BS/C/2012/000025/0258
Complaint No. CIC/BS/C/2012/000025
COMPLAINT REMANDED TO : First Appellate Authority through the PIO
Department of Posts
O/o The Suptd. of Post Office
Almora Circle,
Almora - 263601,
Uttarakand
Complainant : Mr. D S Negi,
New Colony, Nr. State Bank of India,
Lower Mall, Khatyadi,
Almora -263601, Uttarakand.
Public Information Officer : Public Information Officer
Department of Posts
O/o The Suptd. of Post Office
Almora Circle,
Almora - 263601
Uttarakand
Facts arising from the Complaint:
The Complainant had filed a RTI application with the PIO on 31/10/2011 asking for certain information. He received a reply from the PIO dated 25/11/2011, which he found unsatisfactory. The Complainant therefore directly filed a Complaint with the Commission 19/01/2012 received on 08/02/2012 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.
If the Complainant is not satisfied with the orders of the FAA, he/she 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
May 28, 2012
Enclosed: Copy of Complaint dated 08-02-2012.
Copy of PIO's reply dated 15-12-2011; and
Copy of RTI application dated 31-10-2011.
(In any correspondence on this decision, mention the complete decision number.)(HA)