Brief of the Case

The complainants Shri Rudra Kanta Nath and Shri Mrinal Kumar Nath, President and General Secretary, Yuba Bikash Mancha, Bordaulguri, Darrang submitted a petition before the State Information Commission on 8.1.2007 stating that they submitted an application before the State Public Information Officer, Duputy Commissioner's office,Darrang, Mangaldoi U/S 6 of the Right to Information Act, 2005 seeking certain information.
The information sought for were as follows:
1. (a) Who determines the Govt. tolls for weekly markets?
(b) Are there any instructions for fixing signboard or notice?
( c) Do the rates vary from market to market?

2.(a) To furnish the rates of Tuesday hat and Friday hat.
(b) Is it compulsory to issue receipts?

3.(a) Are the rates of the tolls vary from market to market?
(b) If the amounts are realized at higher rates, who are to be reported to about this anomaly?

It was seen that the SPIO of the office of the D.C., Darrang transferred the petition on 11.11.2006. On 23.11.2006, the Chief Executive Officer, Darrang Zila Parishad, Mangaldoi asked Shri Rudra Kanta Nath, the complainant to deposit the application fees of Rs.10/-. Accordingly, on 4.12.2006 the application fees was deposited. But the information was not furnished till 14.2.2007.

The Commission issued notices to the Chief Executive Officer, Zila Parishad, Darrang with a copy to the complainant asking them to appear on 8.2.2007 with all records/details concerning the complaint. However, on 8.2.2007 neither the complainants nor the Chie Executive Officer, Zila Parishad, Darrang appeared before the Commission. As such, the Commission was compelled to issue summons to the Chief Executive Officer, Zila Parishad, Darrang through the Superintendent of Police, Darrang.

Submission of the parties

The complainants acknowledged receipt of the information which was furnished to them on 14.2.2007 and when asked if the information was satisfactory, the complainants replied positively. The Chief executive Officer, Zila Parishad, Darrang submitted before the Commission that the delay was caused as he could join in the present position on transfer only on 20.11.2006 while application was received on 23.11.2006. He further submitted that being new in the office of the Darrang Zila Parishad, he could not furnished the information in time for which he prays apology from the Commission stating that the delay in furnishing information was not intentional..

Decision of the Commission

The Commission on careful consideration on the facts and circumstances of the cases was of the opinion that the delay caused by the Chief Executive Officer, Zila Parishad, Darrang was not intentional and should be condoned. The Commission, however, issued verbal warning to the Chief Executive Officer, Zila Parishad, Darrang to strictly follow the time limit for furnishing information sought for by the any party from his office as per the act and the Commission would take any such delay in future seriously and would be compelled to impose penalty on him. The Commission decided to treat the matter as closed.