The Commission vide its order dated 14.2.07 directed the Principal Secretary, Planning & Development Department, Government of Assam to cause a Departmental Enquiry into the matter of delay in furnishing information to the complainant, Dr. S. Kaul and fix responsibility on the officers and the staff responsible for the delay and to take disciplinary action against the officers and the staff found responsible for the delay, within 60 days of the receipt of this order. Likewise, the Commission directed the Secretary, Health & Family Welfare Department, Government of Assam to cause a Departmental Enquiry into the matter of delay in transferring the petition of the complainant to the SPIO of the Planning & Development Department and fix responsibility on the officers and the staff responsible for the delay and take disciplinary action against the officers and the staff found responsible for the delay, within 60 days of the receipt of this order.

Seen the report of Shri J.C. Goswami, Secretary to the Government of Assam, Health and Family Welfare Department addressed to the Secretary, Assam Information Commission on 19.4.2007 in which the Secretary reported that the delay was caused at the level of typist and that the RTI matter being new to the staff they could not appreciate the gravity of the matter which resulted in the delay. He further reported that the Assistant and the Superintendent being overall in-charge of the supervisory works of the Ministerial staff of the branch cannot absolve their responsibility. He called for the written explanation from the Superintendent, the Dealing Assistant and the Typist. He was of the opinion that there was no malafide intention on their part which happened due to less exposure to the provisions and consequential effects of the RTI Act. Accordingly he cautioned all the three concerned right from the Superintendent down to the Typist to treat all RTI matters on priority basis. He requested the Commission to drop the matter as the first case of delay.

Decision of the Commission

The Commission however did not receive any communication from the Principal Secretary, Planning & Development Department. The Commission considered it proper to give 15 days' time to the Principal Secretary, Planning & Development Department to complete the enquiry and send the report, failing which the Commission will proceed DIS 20 of the R TI Act on the ground that the delay caused was without any reasonable cause.

The Secretary, Health & Family welfare Department is directed to send a copy of the report of enquiry for consideration of the Commission.

Fix 11.5. 07 for final orders.



Sd/- (Dr. B K Gohain)
State Information Commissioner, Assam
Janata Bhawan, Dispur.


Authenticated true copy