Dated 16-07-2007
Name of the Complainant:
Dr. Subhram Rajkhowa Reader,
Deptt of Law, Narikalbasti 1st Byelane, Guwahati 781024
Name of the Public Authority:
Gauhati University, Guwahati
The following were present:
Dr. Subhram Rajkhowa - Complainant
The Complainant present. The Gauhati University Authorities absent without any
steps. The Commission decided to hear the case ex-parte as on the date of last
hearing the Gauhati University authorities made a written submission requesting
postponement of hearing by one month on the ground that they were placing the
matter before the Executive Council of the University for the decision and once
the decision was taken, the same would be placed before the Commission.
Brief of the case
On 18.5.07 a petition was received by the Commission from Dr. Subhram
Rajkhowa of Guwahati who is a reader in the Department of Law, Gauhati University
in which he requested the Commission to direct the SPIO of Gauhati University
to furnish necessary information to him in response to his application dated
20.1.07. In that petition he wanted to know about the status of the letter addressed
by him to the Registrar Gauhati University on 10th December, 2006 duly forwarded
by the Head of Department of Law pertaining to the application under the Career
Advancement Scheme of the University.
He also wanted to know about the number of applicants under the said scheme
received from the Department of Law along with the date of receipt and the action
taken thereon, namely the dates when the same were processed.
He further wanted to know whether in computing the qualifying service, the period
of service rendered as Principal (administrative post as accepted by Gauhati
University Authority in its published documents from time to time) has been
computed for qualifying service along with the copies of the relevant circular.
Furthermore, he wanted to inspect the file notings thereof and furnishing copies
of the same as well.
Submission of the parties
The complainant stated before the Commission that the University has not implemented
the R.T.I. Act, 2005 and his application under RTI Act was also not acted upon.
Initially they refused to receive the application fee of his petition under
the RTI Act, 2005 and were taking the implementation of the RTI act very casually.
They wanted to hold the interview for the post of the Professor on 26.7.07 and
to deprive him they were delaying furnishing the information.
As the SPIO of the Gauhati University has not furnished any information sought
for by him vide his application dated 20.1.07, he should be penalized as per
section 20 of the RTI Act, 2005. He submitted that he wanted complete information
point wise early as the Gauhati University Authorities wanted to deprive him
of promotion to the post of Professor by unduly favouring Dr. Bhaskar Kumar
Chakraborty, Reader of the same Deptt.
Observation of the Commission
The Commission observed that the letter of the Registrar, Gauhati University
dated 18.6.07 informing the Commission that the case of Dr. Subhram Rajkhowa,
the complainant, was under examination and could be placed in the next Executive
Council Meeting of the University for direction and seeking time of one month
for furnishing information to the complainant was considered by the Commission
and the hearing was fixed today i.e. 16.7.07. But neither the Registrar, Gauhati
University nor the SPIO of his office cared to be present before the Commission
for hearing which is a serious matter and must be dealt with seriously.
The Registrar, Gauhati University or the SPIO of Gauhati University did not
care to inform the Commission the reasons of their absence to appear before
the Commission. They also did not care to inform the Commission as to what decision
was taken in the Executive Council Meeting of the University on the matter as
more than 5 month have
elapsed from the date of filing of the application by the complainant before
the SPIO, Gauhati University.
Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the
case decided to direct the SPIO of the Gauhati University as well as the Registrar,
Gauhati University to furnish information to the complainant point to point
basis by 15.8.07 failing which the Commission would be forced to impose penalty
under section 20 of the RTI Act, 2005 on the SPIO and the Public Authority at
the rate of Rs. 250 per day till the information is furnished upto a total of
Rs. 25,000/-. As neither the SPIO nor the Registrar, Gauhati University was
present today, the Commission decided to issue summons to the SPIO of the Gauhati
University and the Registrar, Gauhati University to appear before the Commission
on the next date fixed for hearing. In case a compliance report is received
by the Commission from the SPIO /Registrar of the Gauhati University that information
has been given completely and correctly to the complainant within this period
the Commission would consider the report and take decision on the next date
for hearing.
The Commission also requires the Vice-Chancellor of the Gauhati University under
section 19 (8) (a) of the RTI Act to strictly implement the RTI Act and designate
(1) the State Public Information Officer under section 5 (1) of the Act and
the Appellate Authority under section 19 (1) of the Act if not already done.
The Vice Chancellor is also required to put up notice boards in the prominent
places of his offices in the University showing the names of the SPIO / Appellate
Authority with their telephone numbers to enable the public to submit the RTI
petitions and pay the application / information fees
Fix 22.8.2007 at 1130 hours for hearing and decision and issue summons as ordered
herein if report from the University is not received within the time stipulated.
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. The Vice Chancellor of Gauhati University, Guwahati.
2. The Registrar, Gauhati University, Guwahati.
3. The State Public Information Officer, Gauhati University, C/o. The Registrar,
Gauhati University, Guwahati.
4. Dr. Subhram Rajkhowa Reader, Deptt of Law, Narikalbasti 1st Byelane, Guwahati
781 024.
5. MD, AMTRON, Bamunimaidan
6. The Director, Information & Public Relation, Dispur
7. Office file.
Secretary
State Information Commission, Assam