PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION FULL COMMISSION

Case No.136/2007

Dated 14-06-2007

Name of the Complainant:
Shri Tarun Bora,
Secretary ,
Krishak Jagaran Samittee, Senchowa Fakalipathar, Nagaon.

Name of the Public Authority:
Deputy Commissioner, Nagaon. &
P .D., DRDA, Nagaon.

The followine were present:
1. Shri J. Balaji, Public Authority
D.C., Nagaon

2. Shri R.K. Borthakur,Public Authority
PD, DRDA, Nagaon

3. Shri P.P. Saikia,
BDO, Khagarijan Dev. Block, Nagaon


The complainant absent without intimation. The D.C., Nagaon, P.D., DRDA, Nagaon and B.D.O, Khagarijan.Dev. Block present. In view of public interest, the case was heard ex-parte.

Brief of the Case
A petition- dated 30.4.07 was received on 3.5.07 by the Commisson from Shri Tamn Bora of
Nagon stating that he applied for certain information relating to Khagarijan Development Block from the B.D.O concerned but did not receive any information. He stated that tire petition dtd. 14.3.07 of the complainant was transferred by the SPIO of the DC office, Nagaon vide letter dtd. 26.3.07 to the PD, DRDA, Nagaon.

The information sought for are as follows:

(1) The Operative Action Plan and Annual Plan for SGRY-I &11, lAY, lAY (up), IBS, JGSY, for
the period from 2001-2006.

(2) SGRY-I & II for GP & AP.
(3) Amount sanctioned under E.F.C scheme, estimates, bills and vouchers be enclosed.

Submission of the parties
The PD, DRDA, Nagaon submitted that on receipt of the petition transferred by the SPIO of DC's office, Nagaon, he sent the petition to the BDO concerned and the information was made ready. The petitioner was' asked verbally to come and collect the information from the BDO concerned but the petitioner did not turn up. The BDO submitted that he wrote to the petitioner informing him of the availability of the information. He also talked to him over phone. He added that the petitioner had the habit of asking for additional information once the information in a particular case was ready. Both the PD, DRDA and the BDO stated that they were ready with the information but as the petitioner did not turn up for paying the cost for the information could not be given. Both the officers stated that they were not aware that the information could be sent by post.


Observation of the Commission
The Commission observed that information should have been sent by post preferably under certificate of posting or by registered post. The SPIO should have also indicated the cost in the letter written by him to the petitioner about the information having been made ready. In future, he should do so
as required under the RTI Act. In case the information sought for can not be given in the form of photocopy the documents to be photocopied being too large, the petitioner can be asked to take copies and such copies are to be certified as true copies by the SPIO.

Decision of the Commission
The Commission, after considering the facts and circumstances of the case decided to direct the SPIO to send the information free of charge under certificate of posting or by registered post to the complainant as the information was not furnished in time.. As the petitioner was absent without intimation, the Commission was not in a position to hear his version, but he was always at liberty to seek information separately on matters different from the ones in which he had sought for information earlier and received the same.

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 SIC. 153/2007/32 Dated June 14, 2007

CC:
1. The Deputy Commissioner, Nagaon.
2. Shri R.K. Barthakur, Project Director, DRDA, Nagaon.
3. Shri P.P. Saikia, Block Development Officer, Khagarijan Dev. Block, Senchowa, Nagaon.
4. The State Public Information Officer, D.C's office, Nagaon.
5. Shri Tarun Bora, Secretary, Krishak Jagaran Samittee, Senchowa Fakalipathar, Nagaon.
6. MD, AMTRON, Bamunimaidan
7. Office file.


Secretary
State Information Commission, Assam