Shri B.K. Mishra, IPS Commandant, 16th AP (IR) Bn, Morigaon submitted a petition dated 27.9.06 addressed to the Assam Chief Information Commissioner requesting him to provide him with the following information:

1. No. of IPS officers against whom NHRC / AHRC (Assam Human Right Commission) recommended for initiating disciplinary action.
2. No. of IPS officers against whom the Government of Assam started departmental enquiry on the basis of such reports / recommendations.
3. What penalty was imposed on completion of such departmental proceeding including stoppage of increment, denial of promotion etc. against those officers who were found guilty.

The petition was transferred to the Commissioner & Secretary, Home Department under section 6(3)(i) of the Right to Information Act, 2005. However, a letter dated 26.12.2006 from the petitioner was received by the Commission on 30.12.06 informing that the information was not furnished and it was treated as a complaint case and notices were issued to the Public Authority (i.e. Commissioner, Home & Political Department) and the SPIO of Home Department accordingly.

Submission of the parties

The Additional Secretary, Home Department informed the Commission that the notice dated 9.10.06 issued by the Commission was duly received by the Commissioner & Secretary, Home Department and the Additional Secretary, Home Department remembered to have received the same. However, the notice was misplaced and as such the SPIO of Home Department obtained a copy from the office of the Commission and collected the information and sent the same to the complainant by post. The SPIO informed that she brought one copy of the same to hand it over to the complaint. She also submitted a copy before the Commission.

The Additional Secretary informed the Commission that the petitions / notices relating to the R.T.I. Act, 2005 are not dealt separately in the Department and as such the correspondences in this regard are treated like any other correspondence in the Department. He admitted that there was delay in this matter and expressed his regret and stated that he would take steps to ensure that the matters under the RTI Act, 2005 receive special attention in the Department. He also stated that the Home Commissioner would be apprised of the urgency of adopting a special procedure in dealing with such matters as advised by the Commission.

Decision of the Commission

The Commission, on careful consideration of the facts and circumstances of the matter observed that the Home Department should devise a special method for dealing with the matters under the RTI Act within the time limit specified in the Act. It was also observed that the casual way of dealing with such matters and leaving the matters entirely to the whims and fancy of the dealing assistants who, at their sweet will, placed such matters before the competent authorities resulting in unnecessary delays should stop and the officers and staff responsible for such delays should be pulled up and disciplined.

The Commission, in view of the absence of the complainant and in view of the submissions of the Additional Secretary and the SPIO refrained from passing any order regarding imposition of penalty as contemplated under Section 20 of the RTI Act, 2005. The case is treated as closed.