Dated 24-05-2007

Name of the Complainant:
Shri Jyotish Ch. Talukdar,
M/S. Ganesh Electric Stores, Motilal Nehru Road, Panbazar, Guwahati-l

Name of the Public Authority:
Shri M.R. Das, Chief Engineer,
PWD (Building), Cbandmari, Guwahati-3

The following were present:
1. Shri M.R. Das, Chief Engineer, PWD :Public Authority
2. Shri K.N. Das, S.E, PWD & PIO.
3. Shri S.K. Bhattacharjee. R.O., PWD & APIO.
4. Shri Jyotish Ch. Talukdar :Complainant
5. Sbri Mrinal Kalita
6. Shri Ranjit Medhi :Accompanying the complainant

The appellant was present along with Shri Mrinal Kalita and Shri Ranjit Medhi. Shri M.R. Das, Chief Engineer, PWD (Building), Assam, Guwahatia as well as Shri K.N. Das SE, PWD (B) & PIO and Shri S.K. Bhattacharjee,R.O & APIO present..

Brief of the case
The appellant submitted an appeal petition before the State Chief Information Commissioner, Assam stating that he sought for certain information from the PIO of the Chief Engineer, PWD (Building), Assam but the PIO of the said office rejected his prayer under Section 8(1)(h) of the RTI Act, 2005

The information sought were as follows:
(i) A certified copy of lettet No. CEIBLD/P A-3912000/34 dtd. 13.05.2004 which was issued by the Chief Engineer (Building), PWD, Assam, Chandmari, Guwahati to the Commissioner & Special Secretary to the Govt. of Assam, PWD along with the reports.
(ii) Period for which information asked for from 2004 to till date.
(iii) Other details:
(a) Whether any action taken by the Department against the said report to those contractors and the officers against the advance payment made by them?
(b) Whether any order passed by the Govt. against the said report? If so supply a certify copy of such order.
(c) If no action was taken against the said report by the Government, what is the cause and reasons thereof?

The petitioner, instead of preferring an appeal before the First Appellate Authority,i.e., the Chief Engineer, PWD - (Building), Assam preferred an appeal before the Commission straightway. The Commission asked the opinion of the C.E, PWD (B) present during the hearing whether he would like that the Commission to hear the appeal or would like the Commission to remand the appeal to him for hearing. He requested the Commission to hear the appeal and pass necessary orders as deemed fit and proper as per law. The Commission, therefore, decided to hear the appeal.

Submission of the parties
The Public Information Officer i.e., the S.E, PWD (Building), Assam, Guwahati submitted that he rejected the prayer of the petitioner for furnishing the information as per Sec. 8(1 )(h) of the RTI Act, as the report contained confidential matters which had become a subject-matter of the Departmental Proceeding, which was drawn up by the PWD and he was appointed as the Inquiry Officer of the Proceedings. He informed the Commission that he had already submitted his report to the Govt.
The Commission asked the PIO as to whether there was a police case and police investigation in the matters contained in the said report to which the PIO replied in the negative.

Observations of the Commission
On perusal of the enquiry report submitted by the SE, PWD (Building), Assam to the Government, the Commission found that this report contained some charges against some officers of the Public Works Department.
Section 8(1)(h) of the Act reads as follows:
"Information which would impede the process of investigation or apprehension or prosecution of offenders".

The Commission found that the issue in the instant case is not even remotely connected with any investigation requiring apprehension of the offenders. Hence, it can not be barred under Section 8(1)(h) of the Act or under any other provisions of the RTI Act, 2005. The Commission found that a Departmental Proceedings have been drawn up against some officers and the S.E, PWD (Building) who was appointed as the Inquiry Officer in the proceedings had already submitted his report and the matter was under examination of the Government.

Decision of the Commission
The Commission, on careful consideration of the facts & circumstances of the case decided to admit the appeal. The Commission directed the PIO to furnish the information point-wise with copies of the report sought for within 7 days of the receipt of the order.

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. Commissioner & Secretary to the Govt. of Assam, PWD, Dispur, Guwahati-6.
2. Shri M.R. Das, Chief Engineer, PWD (Building), Chandmari, Guwahati-3.
3. Shri K.N. Das, Superintending Engineer (P) & PIO, office of the Chief Engineer,
PWD (Building), Chandmari, Guwahati-3.
4. Shri Jyotish Ch: Talukdar, Mis Ganesh Electric Stores, Motilal Nehru Road, Panbazar, Guwahati-1.
5. MD, AMTRON, Bamunimaidan for website uploading.
6. Office file.


Secretary
State Information Commission, Assam