Dated 30-08-2007
Name of the Complainant:
Dr. Syeda Farhana Yasmin
C/o. Ainul Haque Mazumdar
House No.3, Devedaru Path, Dispur
Name of the Public Authority:
D.C. Tinsukia
The following were present:
1. Shri K.K. Dwivedi, IAS
D.C. Tinsukia.
2. Smt. Swapna Dutta Deka, ACS SDO(C),
Tinsukia & PIO of
D.C's office Tinsukia.
The complainant absent without cause. The Deputy Commissioner, Tinsukia along
with the SPIO of his office present
Brief of the case
A complaint dated 5.4.07 was received by post from Dr. Syeda Farhana Yasmin of
Guwahati forwarded by the CPIO and Superintendent of Post Office, Tinsukia on 11.4.07 by the Commission in which Dr. Yasmin stated that she had not received any information under the RTI Act 2005 from the SPIO, Tinsukia District. Hence she had submitted this complaint to this Commission. Information requested for by the complainant were:
1. Action taken on her letter to the SDO (C) Margherita dated 3.1.07 regarding trespass and
mischief in her Bunglow M/257 at Dehing Officers' colony, North Eastern Coalfields, Margherita
by the SDO (civil) Margherita Sub-Division
2. Response of the D.C. Tinsukia District to her letter dated 3.01.07, a copy of which
was given to D.C, Tinsukia
3. Certified photocopy of the attendance of the SDO (C) Margherita and the Deputy
Commissioner, Tinsukia District from December 06 to till date.
The application was transferred by the Secretary of the Assam Information
Commission to the Deputy Commissioner, Tinsukia under section 6 (3) of the RTI Act, 2005.
Another complaint dated 24.5.07 was received from Dr. Yasmin in which she had stated that the
SDO (C) Margherita did not furnish the relevant information to her as directed by the Addl.
Deputy Commissioner & PIO, Tinsukia vide letter dated 22.2.07 in time. She did not receive
any information from the Public Information Officer, Tinsukia to her petition dated 24.5.07.
She sought the following information from the SPIO of the D.C' s office Tinsukia.
1. Why the SDO (Civil) Margherita did not furnish the relevant information to her as directed
by the ADC & PIO, Tinsukia District vide letter No. TMJ.49/2005/247 dt. Tinsukia 22.2.07
within twenty days on receipt of the letter?
2. According to Government of Assam Conduct and Discipline Rules, what action should be taken
against the erring official for such kind of dereliction of duty?
3. Certified copy of the memo letter / official document by which the SDO (C), Margherita took
up the matter with the management of North Eastern Coalfields.
4. Certified photocopy of the memo letter / official document by which the SDO
(C) Margherita was informed by the Management of North Eastern coalfields.
5. According to Government of Assam's Directives of Power on Civil Administration what action
must the head of Sub-division/district take to a written complaint of atrocities on a working women?
6. What action has been taken by the SDO (C) Margherita to her written complaint dated 3.01.07
whereby her basic amenities of water supply, electricity supply was disconnected, a big trench
was dug near her garage and the main iron gate was uprooted and got missing as mentioned on her
letter dated 3.1. 07?
(a) when would be the basic amenities restored?
(b) Who were the criminals for such act?
(c) Were they booked by the Civil Administration for breaking the law?
7. Certified photocopy of the report of enquiry conducted by the SDO (Civil) Margherita to her complaint dated 3.01.07 by which the said official concluded and was satisfied that necessary action was taken by the management of North Eastern Coalfields.
Submission of the Public Authority and the SPIO:
The Deputy Commissioner, Tinsukia submitted that his office did not receive the
complaint dated 24.5.07 of Dr. Yasmin addressed to the SPIO of Deputy Commissioner's
office Tinsukia through the CAPIO of the Superintendent of Post offices, Tinsukia seeking
information under the RTI Act . The PIO of his office thoroughly checked the office records
and confirmed that the letter mentioned was not received in his office hence the information
as sought for by the complainant could not be given by the SPIO. Only on receipt of the notice
from the Secretary of the Assam Information Commission vide Memo dated 30.7.07 he instructed the
PIO of his office to furnish the necessary information. Accordingly the PIO of his office
transferred the petition to the SDO (C), Margherita as the matter relates to his office for
furnishing the information to the complainant in time. He further stated that the letter of the
Secretary of the Commission was received by him only on 6.8.07 and as such the information
sought for by the complainant was to be furnished within 5.9.07.
The SPIO of the D.C's office, Tinsukia submitted before the Commission that she informed the
complainant vide her letter dated 23.8.07 to collect the information pertaining to the DC's office, Tinsukia.
Observation of the Commission
The Commission observed that the complainant should have shown cause for her absence in the
hearing fixed today. She had submitted number of petitions to the SDO (C), Margherita on
different dates all of which the Commission could not consider as petitions under RTI Act
in absence of the petitioner. However the Commission found that in the letter dated 24.5.2007
she had requested for detailed information from the SDO (C), Margherita and the information on
that request was required to be furnished by the SDO (C), Margherita.
On perusal of the records as produced by the Deputy Commissioner, Tinsukia the Commission found
that the SPIO of DC's office, Tinsukia checked the receipt register of
the office of the D.C, Tinsukia and found that the letter of the complainant dated 24.5.07 addressed
to the PIO as forwarded by the CAPIO had not been received by the D.C's office. It was also found
that on receipt of the letter from the Secretary of the Commission on 6.8.07 the Deputy Commissioner,
Tinsukia promptly instructed on the same day the PIO of his office to ensure that the necessary
information was furnished to the complainant as per law and to report compliance.
Decision of the Commission
In absence of the petitioner the Commission could not ascertain if she wanted further
information in addition to what had been given to her. However, after considering the
entire circumstances in their entirety the Commission directed the SDO (C), Margherita
to furnish the information to the petitioner on her petition dated 24.5.07 within one
month from the date of this order.
The petitioner may appeal to the 1 st Appellate Authority namely the Deputy Commissioner,
Tinsukia under section 19 (1) of the RTI Act if she felt that the information given to her
was not to her satisfaction.
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. The Deputy Commissioner, Tinsukia
2. The SPIO of the office of the D.C. Tinsukia
3. The SDO (C), Margherita
4. Dr. Syeeda Farhana Yasmin, C/o. Ainul Haque Mazumdar, House No.3, Devedaru Path, Dispur, Guwahati - 6.
5. DIPR, Dispur, Guwahati.
6. MD, AMTRON, Bamunimaidan.
7. Office file.
Secretary
State Information Commission, Assam