Dated 05-06-2007

Name of the Complainant:
Shri Indrajit Barua,
Partner For Designers' Guild, 21, Hemchandra Barua Road,
Ujanbazar, Guwahati.

Name of the Public Authority:
Commissioner & Secretary, PWD, Assam, Dispur, Guwahati.

The following were present:
1. Shri Mukut Dutta, Commissioner & Secretary, PWD : Public Authority
2. Shri Sunil Sarma, Deputy Secy, PWD, Assam, Dispur. : SPIO
3. Shri Afzal Karim, Under Secy., PWD. : ASPIO

The complainant absent but showed cause. The Commissioner & Secretary, PWD and the SPIO of his Deptt. along with another officer present.

The Commission decided to hear the case ex-parte, in view of the fact that the Commissioner & Secretary, PWD along with the SPIO and another officer were present. In case the complainant had something more to say, he could always do so after the receipt of the decision of the Commission.

Brief of the Case
The Commission received a letter dtd. 8.5.07 from the office of the Chief Secretary, Assam enclosing two petitions under the RTI Act, 2005 sent by Shri Indrajit Barua of Guwahati. In one of the petitions addressed to the Chief Secretary, Assam he complained that he sought for certain information from the Commissioner & Secretary, PWD vide his petition dtd. 1.1.07 but did not receive any information. He wanted the information on:

Why the fund was not made available by the Com~issioner & Secretary, PWD for the last 7 years and 10 months to the Executive Engineer, PWD (Roads), Guwahati to enable him to make payment to the contractors for the work of construction of ROB over Athgaon level crossing on A.T. Road, Guwahati to which the Commissioner replied vide his letter dtd. 3.2.07 that fund could not be released due to fund constraints under the relevant Head of Account. The complainant wanted the details of funds released to the concerned Executive Engineer during the period from.l st March, 1999 to 30th Nov., 2006 for construction of the ROB over Athgaon level crossing on A.T. Road, Guwahati.

The Commissioner & Secretary submitted that the letter dtd. 1.3.07 was not received by him and could not be located in his office. He received the letter dtd. 25.4.07 addressed to Chief Secretary, Assam but on the instruction of the office of the Chief Secretary it was returned to them. But on the basis of the photocopy, theSPIO took appropriate steps and furnished the information to the complainant. He produced a copy ofthe letter dtd. 15.5.07 along with the information sent to the complainant.

The Commission found that the information furnished to the petitioner was to the point. However, in case the complainant felt unhappy with it he may prefer an appeal under Section 19(1) of the RTI Act, 2005 to the First Appellate Authority - in this case the Commissioner and Secretary, PWD.

It was seen that the complainant enclosed a fifty rupee note along with his petition submitted to the Chief Secretary, which had been received by the Commission. This fifty rupee note would be returned to the petitioner as the information had been furnished to him free of cost.

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. Sri Mukut Dutta, Commissioner & Secretary, PWD, Assam, Dispur, Guwahati-6
2. Sri Sunil Sharma, Deputy Secretary(E) & SPIO, PWD,Assam, Dispur, Guwahati-6
3. Shri Indrajit Barna, Partner For Designers' Guild, 21, Hemchandra Barna Road, Ujanbazar, Guwahati-1
4. MD, AMTRON, Bamunimaidan
5. Office file.


Secretary
State Information Commission, Assam