PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case Nos : 116/2006
Dated 21st December 2006

Name of the Complainant:
Sri Manish Kumar
The Ant, the action N.E. Trust
Ward 10, BOC Gate, Bongaigaon (N)
Bongaigaon, 783380, Assam.

Name of the Public Authority:
Directorate of Health Services

The following were present:

1. Dr. Sunil Kaul, Trustee - Complainants
2. Shri Manish Kumar - Complainants
1. Shri J.C. Goswami, Secy Health & FW Deptt. - Public Authorities
2. Shri S. K. Baruah, Dy Secy, H & FW Deptt & SPIO. - Public Authorities

The complainant present. The Secretary, Health & Family Welfare Department as well as the APIa of the Department present.

The Secretary, Health & Family Welfare Department submits that as he was busy in the hearings before the Hon'ble Gauhati High Court on the last date fixed, he could not be present. He expressed his regret for the omission to depute his PIa in his place.

He has made a submission that the subject matter of the complaint is not related to the Health & Family Welfare Department but to the Planning & Development Department and so his Department had forwarded the petition to the Planning & Development Department vide Government letter No. HLA.1143/05/33 dated 21.11.06 with a copy to the Under Secretary, Assam Information Commission. He further clarifies that the Planning & Development wrote back to his Department on 8.11.06 stating that the original petition along with enclosures be sent to the Planning & Development Department for taking action from their end. Accordingly, the original petition along with its enclosures was forwarded to the Planning & Development Department on 21.11.06. The Secretary Health & Family Welfare Department expresses regret for not informing the complainant regarding sending of the petition to the Department of Planning & Development. It was an unintended omission he submits.

Decision of the Commission

The Commission, on perusal of the records and considering the facts and circumstances of the case hereby orders that the Principal Secretary of the Planning & Development Department, Government of Assam and the SPIO of the Department to furnish the information within 6th January,2007 positively to the complainant failing which the Commission shall take action u/s. 20 of the R.T.I. Act.

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

(L.C. Borah)
Under Secretary
State Information Commission, Assam
Janata Bhawan, Dispur.

Memo No SIC. 124/2006/18 , dated December 21, 2006

CC:
1. The Principal Secretary, Planning & Development Department
2. The Secretary, Health & Family Welfare Department
3. Shri S.K. Baruah, Deputy Secretary, Health & Family Welfare Department & PIO.
4. Sri Manish Kumar, The Ant, the action N.E. Trust Ward 10, BOC Gate, Bongaigaon (N) Bongaigaon, 783380, Assam.
5 . MD, AMTRON, Bamunimaidan.
6 . Office file.