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 of Shri Indrajit Barua. In the petition dated 1.3.07, he alleged that information sought for by him from the Commissioner, PWD was not furnished to him and hence this petition.

The information sought for by him were as follows:


(A) Why was the sum of Rs. 8,550.00 deposited with PWD as Security Deposit was not released by the Executive Engineer, Sibsagar, Rural Road Division for the. last 16 years?

(B) The names and the designations of those officers whose irresponsible and wrong actions had resulted in the holding of the release of money rightfully belonging to him for the last 16 years without any just cause?

(C) When would the aforesaid amount be actually released by the concerned Executive Engineer?

(D) Whether he would be justified in claiming interest and other damages from by reason of such wrongful appropriation of money belonging to him without any just cause and reason?

(ii) Period for which information asked for 1999-2006.

The Commissioner, PWD stated that the PWD has given back the security deposit on 2.6.07 and the petitioner received the same as per verbal intimation from the Executive Engineer, PWD, Rural Road Division. He submitted that the letter dtd. 25.4.07 addressed to the Chief Secretary, Assam was sent to him and on the basis of the photocopy of the said letter, he took action for release of the money for refund of the Security Deposit. He, however, informed the Commission that the letter dtd. 1.3.07 addressed to him by the petitioner was received by him.

The Commission found that the amount of Rs. 8,550.00 had since been refunded to the petitioner. The Public Authority had also given him the information which he sought. In view of this, the Commission concluded that the action was complete. However, if the complainant felt otherwise he might 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. The Commission also received along with the petition a fifty rupee note which would be returned to the complainant as the information had been provided 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