CENTRAL INFORMATION COMMISSION Room No. – 308, 2nd Floor, August Kranti Bhawan, Bhikaji Cama Place, New Delhi – 110066. Website: cic.gov.in : Appellant File No. CIC/KY/A/2014/001374 Shri Phool Chand B-48, Sec-15, Noida Uttar Pradesh-201301 : Public Authority The CPIO M/o. Urban Development Nirman Bhawan, New Delhi-110011 Date of Hearing : 26.03.2015 Date of Decision : 26.03.2015 Presence: Appellant : Sh. Phool Chand : Sh. Rajeev Kumar, Section Officer CPIO FACTS: 1. Vide RTI application dated 17.07.2014, the Appellant sought information on the 6 issues. 2. CPIO, vide its response dated 17.02.2014, provided the information to the appellant. 3. The First Appeal (FA) was filed on 04.09.2014, as the desired information was not provided. 4. First Appellate Authority (FAA), vide its order dated 30.09.2014, has not provided the information. 5. Grounds for the Second Appeal filed on 17.12.2014 are contained in the Memorandum of Appeal. HEARING Appellant as well as respondent appeared before the Commission personally and made the submissions at length. DECISION It is pertinent to mention here that the appellant, vide his RTI Application dated 17.07.2014, sought information from the respondents on six issues. Respondents, vide their response dated 17.02.2014, allegedly provided the required information to the appellant. Being aggrieved by the aforesaid response, FA was filed by the appellant on 04.09.2014 before the FAA, vide his order dated 30.09.2014, disposed of the FA as stated; “the RTI application of Sh. Phool Chand has never been received in DD.III-Desk, or any desk in Delhi Division. Thus, the information sought by him cannot be provided”. 2. However, learned FAA, disposed of appellant’s first appeal without application of his mind. as to whether the complete and categorical information has ever provided to the appellant on all issues or not. As such, Learned FAA’s order dated 30.09.2014, needs to be quashed and set aside. Therefore, it is hereby quashed and set aside being not legally tenable. 3. On being queried by the Commission, as to whether first appeal dated 04.09.2014 filed by the appellant under section 19(1) of the RTI Act 2005 before the Learned FAA was disposed of or still pending. On this very aspect, it is admitted by Sh. Rajeev Kumar, Section Officer that the First Appeal filed by the appellant could not be disposed of by the learned FAA. The Commission heard the submissions made by appellant as well as respondents at length. ………….2 -24. The Commission also perused the case-file thoroughly; specifically, nature of issues raised by the appellant in his RTI application dated 17.07.2014, respondent’s response dated 17.02.2014, FAA’s order dated 30.09.2014 and also the grounds of memorandum of second appeal. 5. The Commission is of the considered view that it is a fit case to be remanded back to learned FAA with a direction to dispose of the Appellant’s FA filed on 04.09.2014, in accordance with the provisions of RTI Act 2005, within 30 days from the date of receipt of this order under intimation to the Commission. As such, the case is remanded back. The Appeal is disposed of accordingly. Sd/(M.A. Khan Yusufi) Information Commissioner Authenticated true copy (K. L. Das) Deputy Registrar The CPIO M/o. Urban Development Nirman Bhawan, New Delhi-110011 Shri Phool Chand B-48, Sec-15, Noida Uttar Pradesh-201301