Brief of the Case

Dr. Biswajit Swaraj Malakar submitted a complaint before the Commission that although he applied for some information from the Secretary, Health & Family Welfare Department on 1st September 2006 and personally met the concerned officer of the Department, he did not get the information. He sought for the following information: Whether Dr. Debeswar Das had applied through proper channel for the post of Demonstrator, Oral and Dental Pathology Department, Regional Dental College, Guwahati to APSC advertisement dated 14.10.05. As the complainant did not receive the information, he submitted the complaint before the Commission on 23.11.06 and hence this case.

Points raised by the Parties

Heard both the complainant and the Secretary of the Government of Assam in Health & Family Welfare Department.

The Secretary, Health & Family Welfare Department handed over the information to the complainant in presence of the Commission. The complainant, however, was not satisfied with the information as only a copy of the No Objection Certificate issued by the Joint Director, Health Services, Golaghat was furnished to him without any specific information as to whether Dr. Das applied through proper channel. The complainant also showed the copy of the advertisement for the said post in which it was specifically stated that applications of serving Government Officers if not sent through proper channel were liable to be rejected.

Shri Goswami, Secretary, Health & Family Welfare Deptt stated before the Commission that except a copy of the said No Objection Certificate no other record is available in the Department. The Commission, however, desired to know if the APSC sent the application of Dr. Das to the Government. The Secretary, H&FW Deptt clarified that no such application was received in the Department.

Decision of the Commission

The Commission, on careful consideration of the facts and circumstances of the case, hereby directs that the SPIO of Health & Family Welfare Department should call for the application of Dr. Das along with documents from the APSC under section 5 (4) of the RTI Act, 2005 and get their response within 15 days of this order. On receipt of the papers from the APSC, the SPIO should ascertain if the application of Dr. Das was submitted to APSC through proper channel. Thereafter, the SPIO should furnish the information to the complainant free of charge in view of the delay caused by the SPIO in furnishing the information.

The Commission also notes with disapproval the delay in furnishing the information and makes it clear that the penalties as specified under section 20 of the R.T.I Act would be imposed for such lapses. The Secretary, Health & Family Welfare Department submitted before the Commission his apology for the delay and the Commission observing that the delay was on account of lack of knowledge on the applicability of the RTI Act and not due to negligence or with intention to obstruct dissemination of information, refrains from imposing penalty. It is however, made clear to the public authority that this type of delay should not occur again.