PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case Nos : 150/2006
Dated 26th December 2006

Name of the Complainant:
Mrs Nirmala Devi Agarwala
Vill. & PS. Fakiragram
Dist. Kokrjhar

Name of the Public Authority:
Superintendent of Police, Kokrajhar

The following were present:

Shri Bajrang Agarwala - On behalf of the Complainant
1. Shri H.C. Nath, IPS SP. Kokrajhar. - Public Authority
2. Shri Gopal Boro, Dy SP (Hqtr) Kokrjhar

Shri Bajrang Agarwala present on behalf of the complainant. Shri H.C. Nath, IPS Superintendent of Police, Kokrajhar along with his Dy SP (Hqtrs) present.

Brief of the Case

The Complainant Mrs Nirmala Devi Agarwala submitted a petition before the Chief Information Commissioner, Assam stating that she submitted a application before the S.P. Kokrajhar on 4-9-06 seeking the information about the action taken by the S.P. Kokrajhar on her petition no.BA/89-90/10-1 dated 8-1-90 in which she alleged malpractices adopted by the high officials of Food Corporation of India in Kokrajhar District, Assam leading to national losses by misappropriation and manipulation of records in weighment of goods, by taking under-weight quantities from incoming railway wagons and by making excess stocks for disposal by smuggling for personal gains and by engaging favourite contracts illegally at high rates. The petitioner asked for high level enquiry and immediate action by the S.P. Kokrajhar.

The S.P. Kokrajhar furnished a copy of the reply sent to Shri Bajrang Agarwala who submitted a similar complaint in which it had been stated that no case regarding adoption of malpractices, engaging favourite contractors etc. by the F.C.I. officials has been reported from any police station in Kokrajhar district in the recent past. He further stated that a case was registered against Shri Shyamlal Agarwal S/o Shri Phulchand Agarwal of vill. Kodaldhowa PS. Fakiragram for illegally and unauthorisely keeping some bags of rice in his house belonging to F.C. Department, Kodaldhowa and the Police submitted charge-sheet in the case.

He further submitted before the Commission that he had issued instructions to all officers-in-charge of Police stations/Out Posts/BOP etc to stop the case of such malpractices.

The Shri Agarwala wanted to know whether any action was taken by the S.P. on the application dated 6-1-90. The S.P. Kokrajhar submitted that no criminal case was registered on the basis of the said application as it was general in nature and not specific. He further stated before the Commission that he would take immediate necessary action if any specific complaint is submitted by the Complainant against the F.C.I. officials in his district.

Decision of the Commission

The Commission, on careful consideration of the facts and circumstances of the case, accepted the submission of the Superintendent of Police, Kokrjhar that the complaint dated 6-1-90 could not be located in the office of the S.P. Kokrajhar. The Commission also directed the SP Kokrajhar to take action if any specific complaints are received from the complainant against the F.C.I. officials of the district. The complainant may feel free to submit any complaint against any F.C.I. officials to FCI authorities and Central Information Commission.

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.151/2006 , dated December 26, 2006

CC:
1. The SP Kokrajhar.
2. Mrs Nirmala Agarwala, Vill. & PS. Fakiragram Dist. Kokrjhar
3. MD, AMTRON, Bamunimaidan.
4. Office file.