Dated 30-03-2007

Name of the Complainant:
Sri Jai Kishan Bajaj
M/s. Mahavir Saw & Veneer Mill, Anand Colony,
A.T. Road, P.O. Haiborgaon, Nagaon

Name of the Public Authority:
Forest Department

The following were present:
1. Shri B.B. Hagjer, IAS
Commr. & Secy, Environment & Forests Deptt
2. Shri J. Saikia , ACS,
SPIO & Under Secretary, Environment & Forest Deptt - Public Authorities

Mrs. Usha Bajaj
W/O. J.K. Bajaj - Represented on behalf of the Complainant

The complainant could not attend as he was away, but he authorized Mrs. Usha Bajaj to represent him and she was present. The Commissioner & Secretary, Forest Department and the Under Secretary cum SPIO of the Forest Department, Government of Assam present.

Brief of the case

The Commission received a complaint on 16.3.07 from Sri Jai Kishan Bajaj in which it was stated that the Forest Department, Government of Assam did not comply with the order of the Commission dated 3.1.07 for furnishing information whether any prosecution sanction has been sanctioned against Sri P.J. Vijaykar the then DFO, Nagaon South Division, Hojai.

Submission of the Parties

The Commissioner & Secretary, Forest Department submitted that there had been an error of judgment on his part. On receipt of the petition transferred by the Commission he examined the matter and found that no final decision had been taken so far on the matter relating to the prosecution sanction against the said DFO. He thought that as no decision was taken by the Governemnt in the matter, he should inform the petitioner only after the final decision on the matter was taken. Mrs. Bajaj submitted on behalf of the complainant that on 28.11.2005 the complainant sent a petition to the Secretary, Forest Department, Government of Assam seeking prosecution sanction under section 197 Cr.P.C. against the said DFO. The complainant sent a reminder on 27.7.06 to the Secretary, Forest Department. Another reminder letter dated 30.9.2006 was sent to the Secretary, Forest Department with a prayer for according prosecution sanction under section 197 Cr.P.C. against the said DFO. In this letter complaint clearly stated that the information was required under Right to Information. Thereafter, the complainant submitted a complaint before the State Chief Information Commissioner on 3rd January, 2007 stating that he wanted information about the fate of his petitions filed before the Secretary, Forest Department, Government of Assam.

Decision of the Commission

The Commission perused the records and heard the parties. The Commission noted that the Commissioner & Secretary, Forest Department received the transferred petition from the Commission’s office on 5.1.07 after which he immediately sent it to the Principal Chief Conservator of Forest, Assam for a detailed report.

The Commission found that the contention of the Commissioner & Secretary Forest Department as well as the SPIO that they were to wait for final decision on the matter of prosecution sanction against the said DFO wholly incorrect. The SPIO of the Forest Department should have informed the complainant, on receipt of the application that the matter was under process in the Government and he would be informed about the final decision in the matter after the decision had been arrived at. As the Right to Information Act is a new law both the Commissioner & Secretary Forest Department as well as the SPIO, Forest Department erred in implementing the law. Considering the matter in its entirety the Commission was of the view that the delay was not intentional. As such the Commission refrained from imposing any penalty under section 20 (1) of the RTI Act. The Commission however, directed the SPIO, Forest Department to send the information on the date of this hearing itself by post to the complainant in the address furnished by Mrs. Bajaj.

The Commission further warned that if the SPIO failed in future in the matter of furnishing information under the RTI Act the Commission would be constrained to impose penalty as per section 20 (1) of the RTI Act.

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.

CC:
1. Shri B.B. Hagjer, IAS, Commissioner & Secretary, Environment & Forests Department, Dispur
2. Shri J. Saikia, ACS, SPIO & Under Secretary Environment & Forest Department, Dispur.
3. Sri Jai Kishan Bajaj, M/s. Mahavir Saw & Veneer Mill Anand Colony, A.T. Road P.O. Haiborgaon, Nagaon.
4. MD, AMTRON, Bamunimaidan
5. Office file.


Secretary
State Information Commission, Assam