Dated 27-06-2007

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

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

The following were present:
1. Shri K. Kachari, ACS, Public Authority
CEO, Nagaon Zilla Parishad

2. Shri R.K. Borthakur,
PD, DRDA, Nagaon.

3. Shri Alias Khan, LDA,
Nagaon Zilla Parishad.

4. Mohammad Ali, Complainant

5. Shri Dilwar Hussain, Accompanying the compiainant


The complainant was present. The Chief Executive Officer, Zilla Parishad: Nagaon and the Project Director, DRDA, Nagaon were present.

Brief of the Case
On 21.5.2007 a petition was received from Mohammad Ali of Vill-Godaimari P.O. Juria of Nagaon District by the Commission in which he stated that he went to the office of the Chief Executive Officer, Nagaon Zilla Parishad to submit the first appeal under the RTI Act, 2005. But the Chief Executive Officer refused to accept the appeal and misbehaved with him. Hence he submitted his final appeal before the Commission.

On perusal of the papers, it appears that the applicant submitted a petition under RTI Act on 31.3.2007 before the Project Director, DRDA, Nagaon in which he sought for the following information.

(1) List and Rate schedule of all commodities live-stocks fixed by the Govt. authorities to be collected by the lease holder of Juria (Bi-weekly) Bazar.
(2) Procedure of tender followed and documents needed for tender.
(3) Xerox copy ofthe C.S. report of last tender of the Juria Bazar.
(4) The date of expiry of lease of present holder.

On not receiving the information from the PD, DRDA, Nagaon he wanted to submit the appeal before the Chief Executive Officer, Nagaon Zila Parishad. As the information was not furnished to the petitioner the Commission decided to treat this as a complaint. Hence this case.

Submission of the parties
the complainant stated that on 31.3.2007 he submitted a petition before the PD, DRDA, Nagaon for furnishing the information as listed above. But he did not get any information from the PD, DRDA, Nagaon and as such he went to the office of the, Zilla Parishad, Nagaon and met Chief Executive Officer, Nagaon Zila Parishad to submit an appeal before him. However, he could not submit the appeal as the Chief Executive Officer refused to receive the appeal and also misbehaved with him. The Chief Executive Officer, Zilla Parishad, Nagaon submitted before the Commission that there was another matter pending before him as the Chief Executive Officer from the same petitioner who is a member of Anti-Corruption,Information & Development Bureau, a voluntary RTI activist group. When the applicant met he wanted certain clarification relating to his application pending before him and the applicant promised to give correct and complete address of his organization which filed the application to him on another subject. He wanted to ascertain complete address of the organization and as such he waited for the applicant to furnish the complete information and hence delay was caused in furnishing the information. He said that the information was ready with him and he would furnish the same as soon as possible.

The PD, DRDA, Nagaon submitted before the Commission that the application addressed to him by the petitioner under the RTI Act related to the Juria Bi-weekly :Bazar. He sent the application to the BDO by post on the same day i.e., on 31.3.07. The BDO in turn sent the application to the Chief Executive Officer, Nagaon Zila Parishad vide letter dated 19.4.07 as the matter related to the Zilla Parishad jurisdiction with intimation to the petitioner requesting the Chief Executive Officer to furnish the required information. The PD, DRDA, Nagaon clarified that as the settlement of Juria Bi-weekly market is done by the Zilla Parishad and not by the Juria Anchalik Panchayat he should have sent the application to the Chief Executive Officer, Zilla Parishad, Nagaon and not to the BDO, Juria Development Block.


Observation by the Commission
The Commission perused the papers as submitted by the PD, DRDA, Nagaon. The Commission found that the Chief Executive Officer received the transferred application from the BDO, Juria Development Block on 4.5.2007 but the Chief Executive Officer, Zilla Parishad, Nagaon did not furnish the information as required under the RTI Act to the petitioner. The Commission also observed that there was a delay on the part of BDO, Juria Development Block in transferring the petition to the Chief Executive Officer, Zila Parishad, Nagaon but the Commission decided to condone the delay considering the fact that there was no attempt to refuse the information. The Commission, further, observed that it was wrong on the part 0 the PD, DRDA, Nagaon who is the SPIO of his office to transfer the petition to the BDO, Juria Development Block. He should have collected the information from the CEO, Zilla Parishad and furnished it to the petitioner. In that case the confusion whether the Juria Bi-weekly market is settled by the Anchalik Panchayat or the Zila Parishad should not have been there.

The Commission, however, found it difficult to accept the contention of the Chief Executive Officer, Zila Parishad, Nagaon that he had to wait for complete address of the voluntary organization of which the petitioner was a member. It was also noteworthy that the petition under the RTI Act was in the name of Mohammad Ali and not in the name of the organization. As such the Commission found it difficult to accept the contention of the Chief Executive Officer, Zila Parish ad that he wanted to verify the complete address of the petitioner.

Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the case decided to direct the Chief Executive Officer, Zila Parishad, Nagaon to furnish complete information to the petitioner by 2.7.2007 positively.

The Commission, further, decided to treat the CEO, Zilla Parishad as the deemed PIO under Section 5(5) of RTI Act, 2005 and issue a notice to Shri Kanak Kachari, Chief Executive Officer, Zilla Parishad, Nagaon asking him to show cause as to why penalty, at the rate of Rs. 250/- per day w.e.f. 4.6.07 till the date on which the information was furnished to the petitioner, under Sec. 20 of the RTI Act, 2005 should not be imposed on him for his failure in furnishing information to the petitioner.

The CEO, Zilla Parishad will send his compliance report to the Commission to the effect that the information has been furnished to the petitioner along with his explanation why the proposed penalty
should not be executed by 9.7.07.
.
The Secretary of the Commission will put up the file before the State Chief Information
Commissioner on 9.7.07 for consideration and final orders.

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 Parishad, Nagaon.
2. Shri R.K. Borthakur, Project Director, DRDA, Nagaon.
3. Mohammad Ali, ViII. Godaimari, P.O. Juria, Nagaon, Assam.
4. Director, Infonnation & Public Relations, Assam, Dispur, Guwahati.
5. AMTRON, Bamunimaidam for website uploading.
6 .Office file.

Secretary
State Information Commission, Assam