Dated 18-05-2007

Name of the Complainant:
Shri Hiteswar Das,
Sualkuchi, Bhatipara, Medhitol, Kamrup, Assam

Name of the Public Authority:
Registrar, Co-operative Societies, Assam, Khanapara,
Guwahati-22

The following were present:
1. Shri J.I. kathar,
Registrar, Co-operative Societies, Assam.
2. Shri J. Choudhury,
Addl.Registrar, Co-operative Societies, Assam

The Registrar, Co-operative Societies, Assam and the SPIO of the office of the Registrar, Cooperative Societies present. The complainant absent without intimation. The Commission decided to hear the case ex-parte...

Brief of the case

On 10.4.07, a complaint was received by the Commission from Shr! Hiteswar Das of Sualkuchi, Kamrup in which he stated that he applied to, the Sate Public Information Officer of the office of the, Registrar, Co-operative Societies for certain information on the affairs of a Registered Co-operative Societies viz. Srimanta Grahak Samabay Bhandar Ltd., Sualkuchi but he had not yet received information. Again, on 29.1.07, he wrote to the SPIO but to no avail. The information sought for by the petitioner were as follows:-

1. Approved. proposals as per provision of Co-operative Societies Acts and Rules by which Sri Ganesh Kalita has been authorized for S.M.S. Bhandar, Sualkuchi to initiate prosecutions No.CR.77/06, MS 86/06 against Sri P.N.Das and Sri P.Medhi on the basis of "cancelled Balance Sheet 2003-04" of the said Society.

2. Expenditure incurred against each authorized prosecution.

3. Step taken to withdraw the prosecution and decisions on the basis of the cancelled Balance
Sheet 2003-04.

4. Step taken to realize money as per direction vide the office letter No.(l)CG(A)62/2003/137, dated Ghy..25.4.2005 (2)CGDC(A)5/84/Pt/196, dated Ghy.2.5.05 (3) No.CKRC.2/84/pt-I/707, dated Ghy.13.5.2005 (4) CKRC.2/84/Pt-II713, dated 6.6.05 (5)CG.7/99/225,dated Ghy.17.8.05
(6)CG.7/99/242, dated Ghy.19.5.06.

5. Detailed information on his application addressed i to the Registrar of Co-operative Societies, dated 9.11.96 if any action has been taken to grant his application.

6. Detailed information regarding distribution of control pieces commodity through the Srimanta Grahak..Samabay Bhandar Ltd. Sualkuchi against each quota and Ration Card/per head from April,2005 to till to date.

Hence this complaint case.

The SPIO submitted before the Commission that the office of the Registrar, co-operative Societies received the application of the complainant on 1.12.06 but the same was placed before him only on 12.12.06. He passed order on 13.12.06 directing the office to furnish information relating to point 5 of the petition and directed the Deputy Registrar of Co-operative Societies, Kamrup to furnish information on the remaining points to the petitioner as the same related to the office of the Deputy Registrar, Kamrup.

The SPIO furnished the information relating to his office to the petitioner vide" his letter dated 16.5.07. The Deputy Registrar, Kmarup furnished the information to the petition on the remaining points on 23.4.07 after collecting the related information from the Sr, Inspected / Audito of Co-operative Societies who, in turn collected the same from the Srimanta Grahak Samabay Bhandar Ltd.

The SPIO submitted before the Commission that since it was the first case under the RTI Act in the office of the Registrar, Co-operative Societies and as he was not fully aware of the provisions of the said Act, inordinate delay occurred partly because the said RTI application was processed in the office like any other receipt/paper and he along with the office staff made a delay of 3 months 20 days in writing to the Deputy Registrar Co-operative Societies, Kamrup. In the case of the information available in the office of the Registrar, Co-operative. Societies the SPIO could furnish the infQrmation o.nly on 16.5.2007. The SPIO apologized unconditionally before the Commission and prayed that he be excused.

The Commission found that the SPIO as well as the office of the Registrar, Co-operative Societies, Assam committed gross negligence of duty entrusted to the Public authority as well as on the SPIO and made inexcusable deiay in furnishing the information to the petitioner. This clearly showed that the officers and the staff of the Registrar, Co-operative Societies, Assam remained totally ignorant of the RTI Act. It reflects a sorry state of affairs.

The Commission on careful consideration of the facts and circumstances of the case and taking into consideration the admission by the Registrar Co-operative Societies as well as by the SPIO that they were not fully aware of the provisions of the RTI Act and the consequence of violating the provisions of the Act decided not to penalize the SPIO but let him off with a warning to be careful in future.

The Commission however, directed the Registrar Co-operative societies to streamline the procedure of disposing RTI matters in his office "and in the offices under his control.

The Commission also made it dear that in case the complainant did not find the information satisfactory, he might prefer an appeal before the Registrar Co-operative Societies, Assam who is the 1st Appellate Authority.

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. Sri J.I.Kathar, Registrar, Co-operative Societies, Assam, Khanapara, Guwahati-22.
2. Sri J. Choudhury, Addl. Registrar, Co-operative Societies & SPIO of the office of the Registrar Co
operative Societies, Assam, Khanapara, Guwahati-22.
3. Sri Hiteswar Das, Sualkuchi, Bhatipara, Mdhitol, Kamrup, Assam.
4. MD, AMTRON, Bamunimaidan
5. Office file.


Secretary
State Information Commission, Assam