Dated 12-06-2007

Name of the Complainant:
Shri Jatindra Nath Sarma,
Viii. & P.O. Kaithalkuchi, Dist Nalbari

Name of the Public Authority:
D.C. Nalbari

The following were present:
1. Md. M.U. Ahmed
D. C. Nalbari
2. Sri Basanta Barman
EO (P) Madhupur Dev. Block, Kaithalkuchi
3. Sri Chittaranjan Deka
BDO, Madhupur Dev Block
Kaithalkuchi ; Public Authority
4. Shri Jatindra Nath Sarma; Complainant

The. complainant present. The Deputy Commissioner, Nalbari, E.O (P) Madhupur Dev.
Block, Kaithalkuchi and BDO, Madhupur Dev Block Kaithalkuchi present

Brief of the Case
On 18.5.2007 Sri Jatindra Nath Sarma of Kaithalkuchi submitted a petition before the Commission "that he sought for information from the D. C. Nalbari and Sri Basanta Barman, EO, Panchayat, Madhupur Block, Kaithalkuchi as to when mid-day meal cook shed in the Padmapriya L.P. School, Uttar Kaithalkuchi (Bechimari) would be constructed 'and if not why it was not constructed so far. The complainant stated that he submitted an application dated 17.11.06 to the D. C. Nalbari which was received by a clerk of the office. He also sent an application dated 8.2.07 to the EO, Panchayat, Madhupur Block, Kaithalkuchi. Another application dated 12.4.07 addressed to D.C. Nalbari by registered post was sent which was received by the D.C. Nalbari on 17.4.07 receipt of which was enclosed by the complainant. Since he was not furnished any information he had approached the Commission with a complaint against the above mentioned ofiicers and hence this complaint case.

Submission of the parties
The complainant submitted that inspite of his submission of the applications to the Deputy Commissioner, Nalbari dated 17.11.06 and the EO, Panchayat, Madhupur Block, Kaithalkuchi on 8.2.07 and a reminder on 12.4.07 to the DC Nalbari he did not receive information and have to approach the Commission on 18.5.07 for getting the information.

The DC, Nalbari stated that the complainant met Smt S.D. Sarma, SDO(S) Nalbari who dealt with the RTI subject in his office. After detailed discussion he was instructed to submit petition to the then incharge BDO, Madhupur who is a public authority under the RTI Act, 2005 for information in the matter of construction of cook shed for mid day meal programme of PadmaPriya Prathamik Vidyalaya, Bechimari. The DC Nalbari further stated that Shri Sharma sent his application along with relevant documents under RTI Act 2005 to his office by registered post and after sending this application Shri Sharma did not pursue the matter in his office and hence his petition was not attended to.

The DC, Nalbari stated that on receipt of the letter dated 31.5.07 from the -Commission's office he (DC Nalbari) contacted the BDO concerned over phone asking him to attend his office but he reported sick and bedridden and could not attend his office; as such the information could not provided to the petitioner. The DC Nalbari further stated that there was no intentional delay or refusal on his part to provide him information.

Shri Basanta Barman, EO(P) Madhupur Dev. Block, Kaithalkuchi acknowledged that he received the petition dated 8.2.07 and gave it to the BOO who had since been transferred. The BDO kept the papers with him and on receipt of the notice from the Commission the new BDO, Sri C. Deka found it out only on 8.6.07. He stated that the cook shed is generally constructed when fund is received from the Zila Parishad. So far no fund was received by the Block for construction cook shed of the said school. The new BDO, Sri C. Deka stated that only on receipt of the notice from the Commission he started searching for the papers and found the petition amongst the letters in his office unattended. He also reiterated that only when fund is made -available by Zila Parishad for construction of the cook shed of the said school then the cook shed will be constructed.

The EO(P) Mdhupur Dev. Block, Kaithalkuchi further stated that the then BDO handed over the charge on 15.2:07 and the new BDO joined on 22.3.07 and when the notice of the Commission was received he could locate the papers and placed before his BDO. Both the BDO and EO stated that they have not furnished any information in this regard.

Observation of the Commission
The Commission observed that the DC, Nalbari has not taken any adequate steps to ensure that the RTI applications are dealt with speedily as required under RTI Act. The Commission was of the opinion that there has been inordinate delay on the part of the DC Nalbari in dealing with the matters. The DC Nalbari must not allow things to do on like this .

Decision of the Commission
The Commission on careful consideration of the case decided to direct the CEO, Zilla Parishad, Nalbari to inform the complainant within a month as to when the fund would be' available and the time that it would take to construct the cook shed for mid day meal programme..

The Commission also directed the DC Nalbari to pursue the matter with the CEO, Zila
Parishad, Nalbari so that the complainant can get the reply from the CEO, Zila Parishad quickly.
The Commission further directed the DC, Nalbari to cause an enquiry into the disappearance of the petitions dated 17.11.06 and 12.4.07 and fix responsibility and proceed departmentally and report compliance within a month

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:
CC:
1. Md. M.U. Ahmed, Deputy Commi.ssioner, Nalbari
2. Sri Chittaranjan Deka, BOO, Madhupur Dev Block, Kaithalkuchi, Nalbari
3. Sri Basanta Barman EO (P) Madhupur Dev. Block Kaithalkuchi, Nalbari
4. Shri Jatindra Nath Sarma ViII. & P.O. Kaithalkuchi" Dist Nalbari Pin- 781370
5. CEO, Zilla Parishad, Nalbari for information and compliance
6. MD, AMTRON, Bamunimaidam for website uploading
7. Office file.


Secretary
State Information Commission, Assam