PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION FULL COMMISSION

Case No. 107/2007

Dated 26.06.2007

Name of the Complainant:
Md. Taijuddin Ahmed
No.2 Joysagar Village,
P.S. Mukulmua Dist.Nalbari, Assam

Name of the Public Authority:
Deputy Commissioner, Nalbari

The following were present
1. Md. M.U. Ahmed,
D.C. Nalbari
2. Md. Anowar-ul- Islam
Suptd & i/c Dy. Director F&CS, Nalbari - Public Authorities 3. Md. Taijuddin Ahmed

The Complainant present. The Deputy Commissioner, Nalbari as well as Superintendent & In-charge Dy. Director, Food & Civil Supplies, Nalbari present.

Brief of the case
On 15.6.07 Md. Taijudding Ahmed of No.2 Joysagar Village, P.S. Mukalmua, ofNalbari district submitted an application stating that the SPIO of the office of the DC's office, Nalbari furnished incomplete information regarding two lists of families of two P.D.S. shops. Hence this case

Submission of the parties
The Complainant Md. Taijudding Ahmed submitted that the first application under the RTI Act was submitted by him on 26.12.06 before the In-charge Dy. Director, Food and Civil Supplies, Nalbari in which he affixed a court fee stamp of Rs. 10/-. Earlier to that he submitted a petition on 7.10.06 before the Deputy Commissioner, Nalbari complaining against the proposed allotment of one fair price shop to Md. Taijuddin Ali for the same village i.e. No.2 Joysagar village. However it was not an application under the RTI Act. Again on 22.12.06 he submitted another complaint against the allotment of Fair Price Shop to the said Md. Ali and the Deputy Commissioner, Nalbari directed the Deputy Director, Food & Civil Supplies to enquire into the matter and take necessary action. This was also not an application under the RTI Act. Getting no response either from the Deputy Director, Food & Civil Supplies or from the Deputy Commissioner, Nalbari the complainant came to this Commission on 23.5.07 complaining that the SPIO of the D.C office Nalbari refused to accept the application fees from him on the plea that they did not know how to receive application fees.

The Secretary of the Commission transferred this application to the Deputy Commissioner Nalbari under section 6 (3) of the RTI Act and directed him to furnish the information. The complainant further submitted that on receipt of the transferred petition from the Secsretary of the Commission the Additional Deputy Commissioner, Nalbari furnished him two incomplete lists of families of two fair price shop of Md. Taijuddin Ahmed and Md. Taijuddin Ali of village No.2 Joysagar under Madhyam Barkhetri Bahumukhi Samabai Samittee in Nalbari District. According to the complainant there are 160 numbers of families covered by his fair price shop and as per approval letter dated 27.11.06 the fair price shop dealer Md. Taijuddin Ali has 180 number of families covered by his fair price shop. In the lists furnished to him by the SPIO of the DC's office 77 families are shown in his fair price shop and 103 families in the fair price shop of Md. Taijuddin Ali. The complainant submitted that these 2 lists are incomplete and hence the SPIO of the D.C. office furnished incomplete information.

The Deputy Commissioner, Nalbari stated that there was no refusal on the part of his office to accept fees from Md. Taijuddin Ahmed intentionally. The application fees could not be received by his office due to non availability of money receipt book as prescribed by the Government. He had however, stated that the records of family lists for rural areas are maintained by the respective Samabai Samittee. The Deputy Commissioner, Nalbari further stated that he directed the Deputy Director, Food & Civil Supplies to handover the list with particulars.

The Deputy Director, Food & Civil Supplies, Nalbari submitted that the lists of families under the fair price shop are worked out by the respective Madhyam Barkhetri Bahumukhi Samabai Samittee under which the said fair price shop functioned. The Samabai Samittee Authorities submitted the lists of families under the fair price shops to the Food and Civil Supplies authorities. After due enquiry the same are approved by the Food and Civil Supplies authorities of the district.

Observation of the Commission
The Commission observed that the lists furnished by the SPIO, DC office Nalbari appear to be incomplete as instead of 160 numbers of families it is only 77 number under the fair price shop of Md. Taijuddin Ahmed while instead of 180 number of families under the fair price shop of Md Taijuddin Ali only 103 families are shown in the lists. The Commission observed that the matter needs urgent attention of the D.C Nalbari. The Commission further observed that the first application addressed to the Dy. Director, Food & Civil Supplies, Nalbari which was dated 26.12.06 was the first RTI application and a court fee stamp of Rs. 101- was affixed thereon. Inspite of that the petitioner was asked to pay the application fee and when he went to the office to pay it in cash it was not accepted. The action of the officials in not accepting the application fee of Rs. 101- in cash on ground that the money receipt was not available was an act of extreme insensitivity. The Commission will have to take penal action if such acts are repeated in future.

Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the case decided to direct the D.C Nalbari to furnish the two complete lists of families covered by the fair price. shop of Md. Taijuddin Ahmed and Md. Taijuddin Ali of No.2 Joysagar village under the Madhyam Barkhetri Bahumukhi Samabai Samittee within 25.7.07 with a compliance report to the Commission within this date.

The Commission further directed the D.C. Nalbari to streamline the system of disposal of RTI applications in his office so that no delay takes place in disposal of such application in future. He should also impress upon his officers 1 staff to show more concern to the public with human face

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. 119/2007/ Dated June 26, 2007

CC:
1. The Deputy Commissioner, Nalbari.
2. The Supdt & in-charge Dy. Director, Food and Civil Supplies, Nalbari.
3. Md. Taijuddin Ahmed, No.2 Joysagar Village, P.S. Muku1mua Dist . Nalbari, Assam
4. DIPR, Dispur
5. MD, AMTRON, Bamunimaidan for website uploading
6. Office file.


Secretary
State Information Commission, Assam