Dated 03-07-2007

Name of the Complainant:
Sri Bimanta Thaosen
Vill Topodisa, Sarkari Bagan P.O. Haflong
Dist. N.C. Hills, Assam.

Name of the Public Authority/SPIO:
E. E. PWD (R&B), H.C. Hills Haflong

The following were present:
1. Sri Bimanta Thaosen

Brief of the case
On 16.2.2007 Sri Bimanta Thaosen of N.C. Hills submitted a petition to the Executive Engineer, PWD (Roads), Haflong Division, N.C. Hills, Haflong seeking some information regarding the works of PWD (R), Haflong Division since 2005. On not receiving the information within 30 days he also submitted a first appeal before the Additional Chief Engineer, PWD (R&B), N.C. Hills, Haflong on 21.3.2007. However, on the same date he received information from the Executive Engineer, PWD (R) Haflong, but found it to be incomplete and not specific. Thereafter on 31.3 .2007 he again wrote to the Executive Engineer, PWD (R), Haflong stating that the information furnished to him was incomplete and not specific as there is no detailed mention of the names of the contractors, names of works, amount of fund released, names of schemes, specific date of payment of bill, specific date of fund released, other than the scheme/project of beautification of Haflong. The Executive Engineer, PWD wrote to him on 9.4.07 that the first appeal was in process but he was required to deposit the fee against his appeal under the RTI Act, 2005. On 23.3.07 a representation was received from Mr. Thaosen by the Chief Information Commissioner in which he alleged that the information provided by the Executive Engineer, PWD (R), Haflong is incomplete and its seems there had been delaying tactics on the part of the Executive Engineer, PWD (R), Haflong Division in providing the detailed information which amount to malafide denia1 of information.

On receipt of this application a complaint was registered by the Commission and notices were issued to all concerned to be present.

Submission by the parties
Mr. Thaosen reiterated the contention made in his petition and requested the Commission to direct the authority to furnish the complete information. He wanted the following information:

(i) Specific total amount of fund for work portion released to the department with each date along with total names of the schemes concerned
(ii) Name of the Executive Engineers and official staff engaged in the implementation and preparation
of the bill of the works.
(iii) Specific total names of the contractors / suppliers / proprietors of the firms, total amount of the fund disbursed so far for works and date of payment of each bill.
(iv) Specification of the Roads - Thickness of the Black-topping, width of the road, measurement of drainage system and retaining wall etc. required as per departmental norms in each work.
(v) Specific total names of the works and name of the exact location of all the works executed for which payment of bills have been made and, if any, in detail.

Observation of the Commission
The Commission observed that there was a willful negligence of the Additional Chief Engineer, PWD (R&B), Haflong in not appearing before the Commission. The Commission also perused the records and found that the insistence of the Executive Engineer, PWD (R), Haflong for payment of fees for appeal was malafide as there is no provision of payment of any fees for filing appeal petition before the First Appellate Authority. Moreover instead of taking up the matter by himself he should have sent the matter to the Principal Secretary, District Autonomous Council, who is the Appellate Authority.

Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the case directed the Principal Secretary of N.C. Hills Autonomous Council to give a hearing to the petitioner Mr. Bimanta Thaosen by treating the appeal petition dated 21-3-2007 filed before the Additional Chief Engineer, PWD (R) Haflong Division as the first appeal and after due hearing should direct the Executive Engineer, PWD to furnish complete information to the petitioner within one month of the date of this order.

The petitioner Mr. Thaosen might feel free to approach the Commission if complete information is not received by him from the Executive Engineer, PWD @, Haflong or no direction is passed by the Principal Secretary, N.C. Hills Autonomous council to the Executive Engineer, PWD (R), Haflong to furnish the information within a month. A copy of the appeal petition as well as the copy of original petition be sent to the Principal Secretary, N.C. Hills Autonomous Council for taking action from his end by the Secretary of the Commission along with this order.

The Additional Chief Engineer, PWD (R&B) Haflong will provide all the necessary support to the Principal Secretary in the hearing of appeal. He will also inform the Commission within one month from the date of this order why he was not present for the hearing today.

The Secretary of the Commission will put up this file for final orders on 6.8.07.

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 Principal Secretary, N.C. Hills Autonomous Council, Haflong.
2. The Additional Chief Engineer, PWD (R&B), N.C. Hills Autonomous Council, Haflong
3. The Executive Engineer,PWD (R) N.C. Hills Autonomous Council, Haflong
4. Sri Bimanta Thaosen, Vill. Topodisa, Sarkari Bagan, Haflong, Dist N.C. Hills, Assam,
5. The DIPR, Dispur, Guwahati.
6. MD, AMTRON, Bamunimaidan
7. Office file.


Secretary
State Information Commission, Assam