Dated 22.06.2007

Name of the Complainant:
Ms. Jennifer Liang,
Ward No. 10, BOC Gate, Bongaigaon, Assam.

Name of the Public Authority:
Deputy Commissioner, Chirang, Assam. &
Deputy Commissioner, Kokrajhar, Assam 22.05..2007

Background of the case
On 22.5.07 the Commission directed the Secretary of the Commission to place the file before the Commission on 22.6.07 with the reply of the Deputy Commissioner, Chirang who was directed by the Commission to caus~ and enquiry as to the missing of the letter No KAA.712006/126 dated 1.2.07 addressed to Sri M K Mahanta, SDO (S) and SPIO Chirang arid ascertain at what level this letter was r~ceived and to fix responsibility on the officials for missing / losing. Accordingly the file has been placed before the Commission.

Brief of the Case
On 22.5.07 the Commission during the course of hearing of the case of Ms. Jennifer Liang, Bongaigaon found one letter No KAA.7/2006/126 dated 1.2.07 containing the first reply addressed to Shri M.K. Mahanta, SDO (s) and SPIO, Cbirang was purportedly not received by Shri M.K. Mahanta, SDO (s) and SPIO, Chirang Qn which the Commission directed the DC, Chirang to cause an enquiry into the matter and to ascertain at what level this letter was received as well as fix responsibility on the officials for misplacing / losing it. The Commission wanted a i'eport on the matter by 22.6.07. The report of the DC, Chirang has since been received along with two enclosures.

Observations of the Commission
In the report of enquiry DC, Chirang stated that he personally enquired into the matter of missing of the said letter containing first reply of PIO Kokrajhar addressed to Shri M.K. Mahanta, SDO (s) and SPIO, Chirang in connection with the application of Ms. Jennifeer Liang submitted under RTI Act. He issued notice to Sri R. Mazumdar, Head Assistant of his office to show cause why disciplinary action should not be imposed for not putting up the letter to the PIO, Chirang for further action. The DC, Chirang reported that Shri Mazumdar received the said letter on 3.2.07 under his signature with the seal of DC's office Chirang.

The Commission also perused the letter of Sri Mridul Kr. Mahanta, SDO(S) & SPIO Chirang, who had clearly stated that he never saw or received the letter. He categorically stated that the said letter was never endorsed by Sri Mazumdar, Head Assistant ofD.C's office, Chirang to him.

The Commission also perused the explanation of Sri R.C. Mazumdar, Senior Assistant of the DC office Kokrajhar. He contended that the letter was received by him on 3.2.07 (Saturday) when Shri Mahanta was on casual leave for a few days. He showed the letter to Sri Mahanta on his assumption of duty and endorsed the letter to him. He could not put up the letter in time due to pressure of work and due to his personal problems etc. He requested that he should be excused from the charge of disciplinary action.

Decision of the Commission
The Commission found that the letter No KAA. 7/2006/126 dated 1.2.07 containing first reply of PIO, Kokrajhar addressed to Shri M.K. Mahanta, SDO (s) and SPIO, Chirang in connection with the application of Ms. Jennifer Liang was received by Sri Mazumdar on 3.2.07 when Shri Mahanta was on casual leave. However, there remained a doubt whether Sri Mazumdar had shown the letter or not although Sri Mazumdar claimed that he put up the letter to Shri Mahanta on resumption of his duties. The Commission on careful consideration of the facts of the case decided to direct the DC, Chirang to take action in this regard as deemed fit and proper by him. The Commission further directs the DC, Chirang to strengthen the disposal mech~nism of R TI application in his office as it appears that the R TI matter are being dealt very casually in his office.

With this direction the case is treated as closed.

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. Shri H.K. Sharma, Deputy Commissioner, Kokrajhar, Assam.
2. Shri S.C. Longmailai, lAS, Deputy Commissioner, Chirang, Assam.
3. Shri Mridul Kr. Mahanta, SDO (s) & SPIO, Chirang, Assam.
4. Shri Dinesh Ch. Boro, ACS, SDO (s) & SPIO, Kokrajhar, Assam.
5. Ms. Jennifer Liang Ward No. 10, BOC Gate, Bongaigaon, Assam-783380.
6. DIPR,Dispur
7. MD, AMTRON, Bamunimaidan for website uploading
8. Office file.


Secretary
State Information Commission, Assam
Janata Bhawan,Dispur