PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. 118/2007

Dated 04-02-2008

Name of the Complainant:
Shri Jyotish Ch. Talukdar
M/s. Ganesh Electric Store
Motilal Nehru Road, Panbazar, Ghy-1.

Name of the Public Authority / SPIO:
Chief Engineer, PWD (Building)

The following are present

  1. Smt. N. Sarmah, C.E, PWD, (B)
  2. Shri Khagendra Nath Das, SE(BT&P) & PIO
  3. Shri Samir Kr. Bhattacharjee, R.O. APIO
  4. Ms. Geeta Deka, Advocate -Representatives of the Appellant
  5. Sri Ranjit Medhi
Brief of the case
On 17.5.07 an appeal petition was received by the Commission from Shri Jyotish Ch. Talukdar of M/s. Ganesh Electrical Stores which was forwarded to the Chief Engineer, PWD(B), Assam vide letter dated 18.7.07 asking the Chief Engineer to prefer his written submission before the Commission. Again on 24.10.07 Shri Talukdar submitted another petition saying that as the Chief Engineer has not submitted any written submission before the Commission, the Commission may be pleased to proceed with the hearing of the said petition ex-parte. On receipt of the same a complaint was registered and notices were issued to the Chief Engineer, PWD(B), Assam and his SPIO under section 18(2) of the RTI Act, 2005 asking them to appear before the Commission on 23.1.08. However on 14.12.07 a written statement was received from the Chief Engineer, PWD(B) with copy to the complainant Shri Talukdar. The date of hearing was however re-fixed on 4.2.08.

Submission of the complainant
The Advocate representing the appellant submitted that the information was received by the petitioner after the First Appellate Authority directed the SPIO to furnish the same. But the same was furnished late.

The Chief Engineer, PWD (B), Assam submitted that all the information including confidential letters and the enquiry report as sought for was furnished to the appellant and hence there was no cause of action.

Observation of the Commission
The Commission on perusal of the record found that the Commission had already passed an order on 24.5.07 in case No. 118/2007 {Shri Jyotish Ch. Talukdar - vs- Sri M.R. Das, Chief Engineer, PWD(B)} in which the Commission directed the public authority / the SPIO to furnish the information point wise to the appellant. In he said appeal case the information sought for were as follows:
  1. A certified copy of letter No. CE/BLD/PA-39/2003/34 dated 13.05.2004 which was issued by the Chief Engineer (B), PWS, Assam, Chandmari, Guwahati to the Commissioner & Special Secretary to the Govt. of Assam, PWD along with the reports.
  2. Other details:-
    1. Whether any action taken by the Department on the said report against those contractors and the officers against the advance payment made by them?
    2. Whether any order passed by the Govt. on the said report? If so supply a certify copy of such order
    3. If no action was taken against the said report by the Government, what is the cause and reasons thereof?
The Public Authority / SPIO of the said case sought exemption from disclosure of information relating to para II above as per section 8(1)(h) of the RTI Act on the ground that the report contained confidential matters which had become a subject-matter of the Departmental Proceeding, which was drawn up by the PWD. However the Commission rejected the said ground and directed the SPIO to furnish the information point-wise.

In this particular case the Chief Engineer in his written statement dated 13.12.07clearly stated that the information as sought for by the appellant had been furnished to him in full. The Commission on perusal of the statement found that there are no lapse on the part of the SPIO in submitting the information to the appellant , M/S Ganesh Electrical Stores.

Hence the Commission found that there was no ground for appeal.

Decisions of the Commission
The Commission on careful consideration of the facts and circumstances of the case decided to reject the appeal.

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.

Memo No SIC131/2007 Dated February 04, 2008

CC:

  1. Smt, N. Sarmah, Chief Engineer, PWD (B), Guwahati.
  2. Shri Khagendra Nath Das, Superintending Engineer (P) & PIO, office of the Chief Engineer, PWD (B) Chandmari, Guwahati -3
  3. Sri J.C. Talukdar, Ganesh Electric Store, Motilal Nehru Road, Panbazar, Guwahati-1.
  4. The DIPR, Dispur, Guwahati.
  5. MD, AMTRON, Bamunimaidan
  6. Office file.
Secretary
State Information Commission, Assam