PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case Nos : 152/2006
Dated 26th December 2006

Name of the Complainant:
Shri Bajrang Agarwala
Vill. & PS. Fakiragram
Dist. Kokrajhar

Name of the Public Authority:
Superintendent of Police, Kokrajhar

The following were present:

Shri Bajrang Agarwal - Complainant
1. Shri H.C. Nath, IPS SP. Kokrajhar. - Public Authority
2. Shri Gopal Boro Dy SP (Hqtr) Kokrajhar

The complainant present. Shri H.C. Nath, IPS Superintendent of Police, Kokrajhar along with his Dy SP (Hqtrs) present.

Brief of the Case

The Complainant Shri Bajrang Agarwal submitted a petition before the Chief Information Commissioner, Assam stating that he 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 his petition no.BA/89-90/10-1 dated 8-1-90 in which he 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 Superintendent of Police, Kokrajhar, submitted that the petition of the complainant dated 8-1-90 could not be traced out, but he sent a report to the complainant after getting the letter dated 4-9-06. He also furnished a copy of the reply sent to the Complainant in which it had been stated that no case regarding adoption of malpractices, engaging favourite contractors etc. by the F.C.I. officials had been reported from any police station in Kokrajhar district in the recent post. He further stated that a case was registered against Shri Shyamlal Agarwala S/o Shri Phulchand Agarwala 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 Complainant submitted that he had received the reply but he wanted to know whether any action was taken by the S.P. on his application dated 6-1-90. The S.P. Kokrajhar submitted that no criminal case was registered on the basis of the application of the complainant perhaps 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 and directed the SP Kokrajhar to take action if any specific complaints are received from the complainants afresh against the F.C.I. officials of the district. The complainant may feel free to submit any complaint against any F.C.I. officials of the district. He may also address his complainant against FCI officials to the FCI authorities/ Central Information Commission for appropriate action.

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.153/2006 , dated December 26, 2006

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