Dated 09-07-2007

Name of the Complainant:
Mohammad Ali,Vill-Godaimari, P.O. Juria, Nagaon.

Name of the Public Authority/SPIO:
Chief Executive Officer, Zilla Parishad, Nagaon

The Commission perused the show-cause explanation as furnished by the Chief Executive Officer, Zilla Parishad, Nagaon vide letter dated 6.7.2007.

Brief of the case
On 27.6.2007 the Commission, on careful consideration of the facts and circumstances of the case decided to direct the Chief Executive Officer, Zilla Parishad, Nagaon to furnish the complete information to the petitioner by 2.7.2007 positively. The Commission also decided to treat the Chief Executive Officer, Zilla Parishad, Nagaon as the deemed PIO under Section 5(5) of the RTI Act, 2005 and issued a notice to Shri Kanak Kachari, Chief Executive Officer, Zilla Parishad, Nagaon asking him to show cause why penalty, at the rate ofRs. 250/- per day w.e.f. 4.6.2007 till the date on which the information was furnished to the petitioner under Section 20 of the RTI Act, 2005 should not be imposed on him for his failure in furnishing information to the petitioner in time. He was asked to send compliance report as well as his explanation by 9.7.2007 positively.

Decision of the Commission
The Commission on perusal of the letter of the Chief Executive Officer, Zilla Parishad, Nagaon showing cause, found that the complete information as sought for by the complainant had been delivered to the complainant on 02.07.2007. The Commission, further, found that the delay in furnishing the information to the complainant was due to his misconception that the genuineness of voluntary organization (Anti-Corruption, Information & Development Bureau) headed by the complainant Mohammad Ali was to be verified before sending the information to the complainant. When Mohammad Ali came to his office on 21.5.2007 he asked him about his voluntary organization to establish the genuineness of the said organization. The Chief Executive Officer, Zilla Parishad, Nagaon denied to have misbehaved with Mohammad Ali or refused his appeal petition. He apologized before the Commission and requested the Commission to exempt him from payment of penalty proposed.

The Commission on careful consideration of the facts and circumstances of the case and in view of the fact that the complete information as sought for by the complainant was delivered to him on 2.7.2007, decided to accept the explanation submitted by the Chief Executive Officer, Zilla Parishad , Nagaon and to close the casse

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.Shri K.Kachari,Chief Executive Officer ,Zilla Parisad,Nagaon
2.Shri R.K.Borthakur,Project Director,DRDA,Nagaon
3.Mohamad Ali,Vill.Godaimari,P.O Juria,Nagaon,Assam
4.Director Information & Public Relation ,Assam,Dispur,Guwahati
5.MD,AMTRON,Bammunimaidam for website uploading. 6. Office file.


Secretary
State Information Commission, Assam