PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION
Case No. 5/2007
Dated 07-03-2007
Name of the Complainant:
Shri Abdul Wahab Mollah, General Secretary,
"Manas Farming Society", Bhandara No.3
P.O. Bhandara Bazar (Bijni), Bongaigaon
Name of the Public Authority:
Project Director, DRDA, Bongaigaon.
Member present:
1. Shri Abdul Wahab Mollah. - Complainant
2. Shri Hemendra Kr. Borah
Executive Engineer & SPIO,
Office of the PD, DRDA, Bongaigaon.
Both complainant and the SPIO present. Both of them represented that the notices
were
received only on the date of hearing i.e. on 13th Feb last time and so they could
not attend the hearing that day.
Brief of the case
Shri Abdul Wahab submitted one application before the Assam State Information
Commission stating that the State Public Information Officer of the office of
the Project Director, DRDA, Bongaigaon did not furnish information which he sought
for. The information requested was as follows:
1. Copy of the plan and estimate for the River Protection Works with marginal
bundh to protect Nagarjhar, Silghagri, Bhandara-II, Salabila-III and Basbari-II
upto Basbari-VII from the erosion of river Manas (R/B) under NREGA for 2006-07.
2. Particulars of the party/parties/agency/agencies sanctioned with supply order
for boulder with date when the tender was called.
Submission by the parties:
The complainant submitted that he sent the application with a court fees stamp
of Rs. 10/-. But he did not get any information from the SPIO. He, however, received
a letter from the SPIO informing that as he did not submit the application fee
of Rs. 10/- in cash, by cheque or bank draft as per the govt. guide lines. The
SPIO submitted that he sent a letter on 7.12.06 on receipt of his application
on 29.11.06 asking the applicant to deposit the application fee of Rs. 101- in
cash, or by cheque or bank draft. The complainant informed that though the said
letter was dtd. 7.12.06, it was received by him only on 23.2.07 and there was
delay in the despatch. The SPIO, however, stated that the letter was duly despatched.
Decision of the Commission
The Commission, on careful consideration of the facts and circumstances of the
case found that there was delay in informing the petitioner that the application
fees in the form of Court fees stamps was not acceptable and he should deposit
Rs. 10/- in cash/bank draft or by cheque. The Commission had earlier in several
cases decided that the application fee in the form of court fee stamp would also
be acceptable and in this case too it would go by it. Considering the fact that
there was delay in informing the applicant on the mode of payment of application
fee, the Commission ordered the SPIO to hand over copies of the plan and estimates
as asked for free of cost, which was accordingly handed over to the complainant
in presence of the Commission. The Commission also directed that the information
relating to Part (II) or the information regarding award of tender should be given
on 12.3.07.
The Commission also warned the SPIO that the delay in furnishing information to
the petitioners would invite penal action in future.
Sd/- (R.S. Mooshahary)
Chief Information Commissioner, Assam
Janata Bhawan, Dispur.
Sd/-(Dr. B.K. Gohain)
State Information Commissioner, Assam
Janata Bhawan, Dispur.
Authenticated true copy
(Jiauddin Ahmed)
Secretary, State Information Commission, Assam
Janata Bhawan, Dispur.
Memo No SIC.5/2007/9 Dated March 07, 2007
CC:
1. The Project Director, DRDA, Bongaigaon, Assam.
2. Shri Hemendra Kr. Borah, Executive Engineer & SPIO, office of the PD,
DRDA, Bongaigaon
3. Shri Abdul Wahab Mollah, General Secretary, " Manas Farming Society",
Bhandara No.3, P.O. Bhandara Bazar (Bijni), Bongaigaon.
4. MD, AMTRON, Bamunimaidan for website uploading.
5. Office file.