The complainants Dr. Sunil Kaul, Shri Manish Kumar & Shri Rajib Lochan Pathak submitted a petition before the State Information Commissioner stating that the PIO of the Directorate of Social Welfare Department furnished them some information without any signature, office seal or numbers after 35 days of the receipt of their petition. The information sought for from the PIO of the Directorate of Social Welfare Department are as follows:

1. Number of anganwadi centres functioning in the State
2. Number of beneficiaries enrolled in anganwadi centres in the year 2003-04, 2004-05 and 2005-06
3. Number of anganwadi workers and helpers appointed in the State of Assam
4. How much grant state has received from the central Government by the way of the ICDS general fund in the year 2003-04, 2004-05and 2005-06?
5. How much money released and utilized by the State Government in the same year etc?

The complainants also wanted the information relating to National Old Age Pension Scheme and the National Maternity Benefit Scheme. The PIO of the Directorate of Social Welfare Department gave the information relating to the national old age pension scheme and the national maternity benefit scheme are not related to the department of Social Welfare.

The complainants submitted that the questionnaires not related to the Social Welfare Department were not transferred to the concerned department by the PIO of the Directorate of Social Welfare Department as required u/s. 6(3) of the RTI Act, 2005.

The complainants also wanted some information on the ICICI Lombard Scheme which the PIO of the Directorate of Health Services transferred their application to the Health Secretary on 21st August, 2006 but they have not received any information from the PIO of the Health & Family Welfare Department.

Decision of the Commission

Neither the Secretary, Health & Family Welfare Department nor the PIO of that Department are present today in spite of the notice issued to them. It is abundantly clear that they have intentionally avoided appearing before the Commission. As such, the Commission orders that summons be issued to the Secretary, Health & Family Welfare Department and to the PIO of the Health and Family Welfare department, Government of Assam to appear before the Commission on the next date fixed for explaining why action as contemplated u/s. 19 (8)(b) and 20 of the RTI Act, 2005 should not be taken against them. The petitioners submitted another petition dated 17.11.06 to the Commission on the same subject i.e. the ICICI Lombard Scheme.

The Commission, on careful consideration of the facts and circumstances of the case concludes that the PIO of the Directorate of Social Welfare Department has not acted properly in furnishing the information relating to the Directorate of Social Welfare, Moreover, he did not take any steps to transfer the application relating to the Panchayat and Rural Development Department and the Health and Family Welfare Department. The PIO admits his fault and submits before the Commission that he be given another chance to furnish information to the complainant in a proper manner and to transfer the other matters to the Department of Panchayat and Rural Development and the Department of Health & Family Welfare, Government of Assam under section 6(3) of the RTI Act, 2005. The Commission accepts the plea of the PIO that he did it in good faith and that he would not commit such mistake in future.

The Commission directs the PIO of the Directorate of Social Welfare Department to furnish the information by 4.12.2006 by post positively and to transfer the two other matters relating to the Panchayat and Rural Development Department and the Health and Family Welfare Department within the same date. The Commission gave verbal warning to the PIO to the effect that if such mistake occurs in future, necessary punitive action as per provision of the Act shall be taken against him.

Next date for hearing 21.12.2006 at 11.30 A.M.