Dr. C.B. Dwivedi, Associate Professor, Centre of Plasma Physics, Sonapur, Kamrup, Assam submitted an appeal on 10.7.06 before the Assam State Information Commission under the provision of RTI Act, 2005 stating that the Secretary Governing Council of Centre of Plasma Physics, Sonapur, Kamrup, Assam and the Chairman & Disciplinary Authority, Centre of Plasma Physics, Sonapur, Kamrup, Assam did not furnish him a copy of the daily order sheet and preliminary enquiry repot pertaining to a proceeding conducted on 22.3.2003 inspite of his submission of application before the said authorities under the RTI Act, 2005 vide application dated 31.1.2006. Though the petitions were submitted to the Commission bypassing the 1st Appellate Authority, the Commission took cognizance of the same in the interest of speedy justice.

Accordingly, notices were issued by the Commission on 29.7.06 to the Chairman & Disciplinary Authority Centre of Plasma Physics, Sonapur, Kamrup and the Secretary, Governing Council of Centre of Plasma Physics, Sonapur, Assam and the petitioner to be present with their relevant details / records on 29.8.06 at 11.30 hrs. On receipt of the petitions, the Commission decided to inquire into the complain Under Section 18 (2) of RTI Act, 2005.

The appellant Dr. C.B. Dwivedi appeared before the Commission.

The Public Information Officer and the Secretary, Governing Council of Centre of Plasma Physics also appeared before the Commission on behalf of the authorities of Centre of Plasma Physics.

The Commission heard the appellant and the Secretary, Governing Council of Centre of Plasma Physics.

The Commission perused the records. It was seen that Dr. Dwivedi, Associate Professor of Centre of Plasma Physics, Assam filed an application under the provision of Right to Information Act 2005 for furnishing him a certified true copy of the daily order sheet dated 22.3.2003 and a certified true copy of preliminary enquiry report pertaining to the purported proceeding conducted on 22.03.2003 from Prof. Y.C. Sexana, Chairman, Enquiry Committee appointed by the Governing Centre of Plasma Physics, Institute for Plasma Research, Gandhinagar, Gujarat by enclosing an IPO of Rs.10/- dated 29.12.05. Dr. Y.C. Sexana, Institute for Plasma Physics had sent a reply to Dr. Dwivedi saying that he had not retained any copy or records of the enquiry and advised Dr. Dwivedi to approach the Secretary, Governing Council of Plasma Physics for obtaining the copy of the same. It is also seen that Dr. Dwivedi submitted an application on 31.1.06 requesting the Secretary, Governing Council of Centre of Plasma Physics, Assam to furnish him a copy of the daily order sheet and preliminary enquiry report under the provision of the RTI Act, 2005. He has also enclosed an IPO of Rs. 10/- as well as the reply of Dr. Sexana of Institute for Plasma Research, Gujarat.

The Commission perused the records as well as the reply of Dr. M. Dey, Administrative Officer and Secretary Governing Council, Centre of Plasma Physics, Assam. Dr. Dey made his plea before the Commission that the Director, Centre of Plasma Physics had already provided Dr. Dwivedi (the appellant) with an extract of recommendations of the enquiry committee with acceptance of the same by the Chairman of the Council vide his letter dated 11.4.2003 and as such the Centre of Plasma Physics has already complied with the request of Dr. Dwivedi. The Commission specifically asked Dr. Dey, Secretary of the Centre of Plasma Physics whether he received the application dated 21-1-2006 from Dr. Dwivedi. Dr. Dey confirmed that he had received the same.

Decision of the Commission

On perusal of the records and after carefully examining the statements made by
Dr. Dwivedi and Dr. Dey the Commission is of the opinion that the appellant is entitled to get a copy of the certified true copy of the daily order sheet dated 22.3.03 and a certified true copy of the preliminary enquiry report pertaining to the proceeding conducted on 22.03.03 against Dr. Dwivedi. The Commission hereby directs the Secretary, Governing Council of Centre of Plasma Physics, Assam to furnish a certified true copy of the preliminary enquiry report. The Secretary Centre of Plasma Physics submitted that as the enquiry was completed on one day there was no order sheet maintained. The Commission accepted the contention and ordered that a copy of certified true copy of the preliminary enquiry report be furnished to Dr. Dwivedi within 7 days of the receipt of this order on realization of fees as per rules.

As the Right to Information Act is still at the initial stage of implementation, the awareness of the provision of this act has not come up to the desired level as yet and the Commission therefore restrains from issuing any order on the request of Dr. Dwivedi for imposing penalty for delay in complying with his request.