Dated 28-06-2007

Name of the Complainant:
Sri Sukhen Das
S/o. Sri Subrata Das
WINo. 3, Amguri, Bijni Town P.O. Bijni, Dist. Chirang

Name of the Public Authority/SPIO:
Director, Secondary Edn. Guwahati

The following were present:
1. Sri Sukhen Das
2. Sri Subrata Das,Appeared on behalf of Complain
3. Md. Mohsin Ali
Director, Secondary Edn, Assam
4. Sri Brajendra Nath Talukdar
Dy. Director, Secondary Edn, Assam, Public Authority

The complainant present along with Sri Subrata Das. The Director, Secondary Education, Assam along with Deputy Director, Secondary Education who is the SPIO of the Directorate, Secondary Education present.

Brief of the Case
On 19.5.07 Shri Sukhen Das submitted a petition before the Chief Information Commissioner by enclosing an application dated 19.2.07 under section 6 (1) of the RTI Act and an appeal petition dated 19.3.07 under section 19 (1) of the RTI Act, in which it was stated that the applicant sought for information from the SPIO of the Directorate of Secondary Education, Assam vide his petition dated 19.2.07 and also submitted an appeal before the First Appellate Authority i.e. the Director, Secondary Education, Assam vide his appeal dated 19.3.07. The information sought for by the complainant Sri Das a holder of National Scholarship for H.S.L.C. Examination 2003-04 are as follows:

(i) Reasons for non release of the amount of the Scholarship till date
(ii) When the Scholarship will be released

Submission of the parties
The complainant Shri Das submitted before the Commission that he applied by registered post to the SPIO of the Directorate of Secondary Education office vide his application dated 19.2.07 for getting the information as stated above. On not receiving the information within the stipulated time he again submitted an appeal vide his application dated 19.3.07 to the Director, Secondary Education, Assam by registered post. For not getting the information from the SPIO or the Director, Secondary Education he approached the Commission with a complaint under section 18 of the RTI Act, 2005 on 19.5.07.

The Director, Secondary Education submitted before the Commission that on receipt of copies of the applications of the complainant from the office of the Commission he searched his office record but could not locate these papers. However after receipt of the notice from the Commission he scrutinized the file relating to -the award of National Scholarship on the basis of HSLC examination 2004 and he found that he had already issued sanction order vide order No ETINS/6/06/105 dated 26.12.06. In the sanctioning letter the name of the complainant appears at Sl. No. 33 of the list. The complainant was entitled for scholarship with effect from 1.8.04 for 22 months. He also found that the Inspector of Schools, Barpeta did not submit requirement of fund to him for payment of the National Scholarship to the candidates who were awarded National Scholarship vide sanctioning letter dated 26.12.07.

On receipt of the notice of the Commission he immediately directed the Inspector of Schools, Barpeta to submit a requisition of fund to him and he had already received the requisition. He informed the Commission that the fund would be released within a week and the Inspector of Schools, Barpeta would be instructed to make payment of the scholarship to the complainant. He also submitted before the Commission that there was no wilful intention for not responding the applicant Sri Das but as the application could not be traced out in his office during the course of verification no action could be taken on it.

The Director, Secondary Education further submitted that he was duty bound to implement the various sections of the RTI Act 2005 and accordingly on receipt of this notice of appearance dated 4.6.07 he personally verified all the relevant records and took immediate necessary action. He assured before the Commission that scholarship would be paid to the complainant soon.

Observation of the Commission
The Commission observed that the system of receipt of letters in the Directorate of
Secondary Education must have been defective as it is found that letters sent to the Director, Secondary Education by registered post even could not be traced out in his office. The Director, Secondary Education should strengthen the system of receipt and the disposal of the RTI application in his Directorate so that such kind of misplacement of applications under the RTI Act does not take place in future.

Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the case decided to accept the contention of the Director, Secondary Education. Accordingly the Commission directed the Director, Secondary Education to ensure that the National Scholarship as sanctioned by him to the complainant be paid within one month of the receipt of this order as assured by him and this information should be sent to the complainant in writing by post within a week. A copy of the same should be endorsed to the Commission also.

The Commission also made it known to the Director that there were number of complaints from the public about non implementation of RTI Act in his organization. The Commission therefore required him under section 19 (8)(a) to prominently display the names and telephone number of SPIOs in his office and in the offices of his subordinates for the guidance of the public to submit the petition under the RTI Act 2005. The display should also mention where to submit the application in absence of SPIOs / ASPIOs and the modes of payment of application fees.

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. The Director, Secondary Education, Assam, Kahilipara, Guwahati.
2. The Deputy Director & SPIO, Secondary Education, Assam, Kahilipara, Guwahati
3. Sri Sukhen Das, S/o. Sri Subrata Das, W.No. 3, Amguri, Bijni, Dist. Chirang
4. The DIPR, Dispur, Guwahati.
5. AMTRON, Bamunimaidan
6. Office file.

Secretary
State Information Commission, Assam