Dated 22-05-2007

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

The following were present:
1. Shri H.K. Sharma, DC, Kokrajhar
2. Shri S.C. Longmailai, IAS, DC, Chirang :Public Authority
3. Sbri Mridul Kr. Mahanta, SDO (s), Chirang.
4. Shri Dinesh Ch. Boro, ACS, SDO (S), Kokrajhar. :SPIO
5. Ms. Jennifer Liang :Complainant

The complainant present. The D.C Chirang and the D.C. Kokrajhar present along with their SPIOs

Brief of the case

On 20.4.07, a petition dtd. 11.4.07 was received on 20.4.07 by the Chief Information Commissioner in which the petitioner submitted that on 16.1.07, she filed an application for infonnation regarding status of relief camps in the district of Chirang. The SPIO of Chirang forwarded her application with a letter to the D.C., Kokrajhar and handed her a copy of the forwarding letter. She went to the office of DC, Kokrajhar for information. She was told by the office ofD.C., Kokrajhar that the information was sent to the office of the D.C., Chirang.

The information sought for were as follows for the years 2005~2006, 2006-2007 (upto Dec. 2006).

(a) Camp-wise Number of Adult Males & Females & Children below 18 staying in different Relief Camps in District Chirang for those affected by the Bodo Santhal Riots of 1996 with date of last records.

(b) No. of PDS shops in the above said camps.

(c) No. of Govt. aided Primary and Secondary Schools in the above said camps.

d) Quantum of relief of various items entitled for each adult/family and details of different relief items provided to the inmates of each camp per month.

(e) Number of families that have been ordered to be released from the camps.

(f) Number of families that have been paid compensation and the amount of compensation per family.

The complainant stated in her petition that she did not get the information within the time limit. Hence this complaint case.

The complainant submitted that she filed the complaint before the Commission as she could not get any information even after the lapse of 3 months from her first petition. The DC, Chirang stated that as the district was new and did not have the records, he sent her petition to DC, Kokrajhar on 16.1.07 itself with the request to furnish the information to the petitioner direct. According to DC, Kokrajhar, the reply was sent to the DC, Chirang (by name to Shri M.K. Mahanta, SDO (s) and SPIO, Chirang) on 1.2.2007 furnishing the information which was of course very sketchy.

The DC, Kokrajhar further submitted that the said information was sent by the PIa of his office and it was a very sketchy information without the required details. Then, PIa, Kokrajhar, Shri DC Boro, submitted before the Commission that he sent the information in all good faith to avoid delay.

The Commission found that both DCs, Chirang and Kokrajhar failed to give due importance to the petition and treated it as any other petitions received in their offices. It was also surprising to hear DG, Chirang stating before the Commission that the letter dtd. 1.2.07 from PIa, Kokrajhar DC office to the PIa in his office was not received there. He was shown acknowledged copy which was hand delivered in his office on 3.2.07. It was an obvious case of misfiling the letter and not giving due importance to the RTI matters.

The information sought for were simple and available in the office of DC, Kokrajhar. After notices were issued to DC, Kokrajhar and Chirang the complete information was collated and furnished to the petitioner within matter of few days, which. showed that given the importance and sincerity there was no difficulty in collecting the information.

The Commission, on a careful consideration of all the issues involved found that the delay was caused as a result of superficial approach to the matter and also lack of appreciation of the RTI objectives. There was of coutse no deliberate attempt to suppress or deny information. As both the DCs tendered their sincere apology and assured the Commission that such lapses would not occur in future, the Commission refrained from imposing the penalty for the delay. It was, of course, made clear to them that in future this type of leniency would not be shown to them for the lapses.

The Commission further directed the D.C., Chirang to cause an enquiry as to the missing of the letter No.KAA.7/2006/126 dtd. 1.2.2007 containing the first reply addressed to Shri M.K. Mahanta, SDO (s) and SPIO, Chirang and ascertain at what level this fetter was received and to fix responsibility on the officials for misplacing/losing it. A report on this matter should be sent to the Commission by the D.C., Chirang within a month.

The Secretary of the Commission will put up this file again to the State Chief Information Commissioner on 22.6.2007 with the reply of DC, Chirang for final orders.

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. MD, AMTRON, Bamunimaidan
7. Office file.


Secretary
State Information Commission, Assam