PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case Nos : 140/2006
Dated 13th December 2006

Name of the Complainant:
Sri M.N. Nath
Advocate
Gauhati High Court, Guwahati.


Name of the Public Authority:
Social Welfare Department

The following were present:
Shri S.N. Gogoi, Under Secy Social Welfare Department & SPIO - Public Authority
Sri M.N. Nath, Advocate - Complainant

The complainant present. The SPIO of the Social Welfare Department present.

Brief of the Case
Shri M N Nath. Advocate, Gauhati High Court, Guwahati submitted a complaint on 15.11.06 under Section 18 of the Right to Information Act, 2005 for not furnishing information under section 6 (1) of the said Act by the State Public Information Officer of the Social Welfare Department, Dispur

He sought information from the SPIO regarding appointments made in the Heads of Department, Government of Assam in Guwahati as per direction of the Government of Assam vide circular No ABP 28/97/59 dated 04.08.1997 issued by the Personnel (B) Department.

Heard the complainant. Heard the SPIO of the Social Welfare Department.

The SPIO expresses regret for the delay caused. The Commission is of the view that as the SPIO of Social Welfare Department has not received any training and he has not been fully aware of the provision of the RTI Act. The Commission, therefore, takes a lenient view and refrains from imposing any penalty on him.

Decision of the Commission
1. The Commission, on hearing the complainant and the SPIO, directs the SPIO to furnish the information free of cost in view of the delay. Also as the information is going to be furnished to the complainant today by the SPIO, the complainant may examine the information and in case he wants further clarification, he may approach the SPIO of the Social Welfare Department. In case he wants to prefer an appeal, he may do so before the 1st Appellate Authority i.e the Secretary, Social Welfare Department.

2. The Commission also requires the Secretary, Social Welfare Department Under section 19 (8) (c) of RTI Act to designate a more senior officer preferably a Joint Secretary of his Department to be the SPIO instead of the Under Secretary to ensure better compliance with the provision of the Act.

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

(L.C. Borah)
Under Secretary
State Information Commission, Assam
Janata Bhawan, Dispur.

Memo No SIC. 141/2006/62, dated December 13, 2006

CC:
1. The State Public Information Officer, Social Welfare Department.
2. Shri M.N. Nath, Advocate, Gauhati High Court, Guwahati.
3. MD, AMTRON, Bamunimaidan.
4. Office file.