Dated 02-08-2007

Name of the Complainant:
Shri Subash Ch. Prasad
Rastra Bhash Prathamik Vidyalaya, Tezpur Dist- Sonitpur

Name of the Public Authority /SPIO
Director, Elementary Education

The following were present:
1. Dr. Loknath Sarma, Dy. Director of Elementary Edn. & SPIO
2. Shri Haliram Sharma, DI of Schools Tezpur.
3. Shri Subash Chandra Prasad

The complainant present. The Deputy Director, Elementary Education, Assam along with the D.I of Schools, Tezpur present.

Brief of the case
The Commission in its hearing of the case on 15.6.07 directed the Directorate of Elementary Education, Assam to furnish point by point information on the petition of the complainant dated 26.3.07 specifically making reference to the seniority & salary benefit within 3 days of receipt of this order. The complainant however had approached the Commission vide his letter dated 29.6.07 with the complaint against the Director of Elementary Education, Assam and the Deputy Director & SPIO of the Directorate of Elementary Education that they had not supplied with the copy of the information even on receipt of the Commission's order dated 15.6.07.

Hence this complaint case.

Submission of the parties
The complainant reiterated his submission stating that he had not received any information pertaining to the decision of the Hon'ble Commission dated 15.6.07. The SPIO of the Directorate of Elementary Education stated that he placed the matter before the Director of Elementary Education to immediately send the direction to the D.I. of Schools, Tezpur to take action as per decision of the Hon'ble Commission. Accordingly they sent the information to the D.I. of Schools. However, the letter sent was apparently not received as ascertained from the D.I of Schools over phone and as such he had sent another set of orders to the D.I. Schools. The D.I. of Schools, Tezpur in turn vide his order dated 26.7.07 fixed the inter-se seniority in respect of Sri Subhas Chandra Prasad, Assistant Teacher, Rastrabhasa Prathamic Bidyalaya with effect from 1.6.77 and ordered that the pensionary benefit etc of Sri Prasad would be counted from his regular date of appointment as per existing rule at that time.

The Complainant informed that he had since received a copy of the order of the D.I. of Schools, Tezpur but submitted that he had not been appointed as the Head Master of the said school inspite of the fact that his seniority has been fixed as on 1.6.77 and he is the senior most teacher in the school.

Observation of the Commission
The Commission observed that there was no timely compliance on the part of the SPIO / public authority with the orders of the Commission dated 15.6.07. This was viewed seriously by the Commission. However, as the matter had been explained by the SPIO that the required information had since been furnished to the petitioner, the Commission decided not to proceed further against them. It was further warned that such non-compliance with the orders of the Commission would invite penal provisions under section 20 of the RTI Act, 2005 in future.

Decision of the Commission
As the complainant had received the information and he had no further grievances, no specific order by the Commission was issued. However, the Commission suggested to the Pl1blic Authorities that the seniority of the complainant having been fixed, they may now consider a subsequent action to place him in correct position according to his seniority and the record of service.

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 Director, Elementary Education, Assam, Kahilipara.
2. Dr. Loknath Sarma, Deputy Director, Elementary Education, Assam, Kahilipara
3. Shri Haliram Sharma, D.I. of Schools, Tezpur
4. Shri Subash Ch. Prasad, Rastrabhash Prathamik Vidyalaya, Tezpur, Dist- Sonitpur
5. The DIPR, Dispur
6. MD, AMTRON, Bamunimaidan
7. Office file.


Secretary
State Information Commission, Assam