Central Information CommissionMr.Ramesh Kardam vs Mcd, Gnct Delhi on 22 November, 2011CENTRAL INFORMATION COMMISSION
                     Club Building, Opposite Ber Sarai Market,
                       Old JNU Campus, New Delhi - 110067.
                               Tel: +91-11-26161796


                                            Decision No. CIC/SG/C/2011/001380/15841
                                                Complaint No. CIC/SG/C/2011/001380


COMPLAINT REMANDED TO                                First Appellate Authority
                                                     Municipal Corporation of Delhi.
                                                     O/o The Dy. Commissioner,
                                                     Rohini Zone, Sec - 5,
                                                     Rohini Delhi - 110085.


Complainant                                          Mr. Ramesh Kardam
                                                     WP -121, Vill.- Wazirpur,
                                                     Ashok Vihar, Delhi - 110052.

Public Information Officer                           Public Information Officer
                                                     Municipal Corporation of Delhi.
                                                     O/o The SE - I,
                                                     Rohini Zone, Sec - 5,
                                                     Rohini Delhi - 110085.


Facts arising from the Complaint:The Complainant had filed a RTI application with the PIO on 10/08/2011 asking for
certain information. He received a reply from the PIO, which she found unsatisfactory.
The Complainant therefore filed a Complaint with the Commission (15/11/2011) underSection 18of the RTI Act.It must be noted that there is an alternate and efficacious remedy of First Appeal
available undersection 19(1)of the RTI Act. It appears that the Complainant has failed to
avail the same in the instant case. Consequently, the First Appellate Authority (FAA) has
not had the chance to review the PIO's decision as envisaged under theRTI 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
theRTI Actafter 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.The Complaint is disposed of.Notice of this decision be given free of cost to the parties.Shailesh Gandhi
                                                                Information Commissioner
                                                                        22nd October 2011

Enclosed:        Copy of Complaint dated 15-11-2011.
                 Copy of PIO's reply dated 23-09-2011; and
                 Copy of RTI application dated 10-08-2011.