Dated 12-06-2007

Name of the Complainant:
Shri Dhirendra Mallah Buzarbaruah,
General Secretary, All Assam Elementary Teacher Educators' Association, Basic Training Centre, Nalbari.

Name of the Public Authority:
Deputy Commissioner, Nalbari.

The following were present:
1. Md. M.U. Ahmed, Public Authority
D.C., Nalbari
2. Smti Nadira Jesmin, C.O., PIO
Nalbari.
3. Shri Dhirendra Mallah Buzarbaruah,Complainant

The complainant was present. The Deputy Commissioner, Nalbari and the Circle Officer., Nalbari were present.

Brief of the Case
One Shri Direndra Mallah Buzarbaruah submitted a petition dated 11.12.06 addressed to the State Chief Information Commissioner stating that on 1.8.06 he submitted a petition under Section 6(1) of the RTI Act, 2005 for certain information from the Circle Officer, Nalbari. He handed over the petition to her. But she refused to accept the petition stating that it was wrongly addressed. He again submitted another petition enclosing orders of the Revenue Deptt., Govt. of Assam designating Circle Officers as the SPIO under the RTI Act on 4.9.06, the same was received by her office. On 4.9.06 the C.O. when met by the petitioner rudely informed that she did not receive any such petition. She insisted on another petition a fresh with a fresh Treasury Challan of Rs.l 0/- but since he had already given Treasury Challan, he did not want to give it afresh.

The information sought for is as follows:

He wanted a copy of the petition entered as entry no. 169 in the Receipt Register of the Circle Officer, Nalbari.

The Commission transferred the petition on 26.12.06 to the D.C., Nalbari and directed him to furnish the information. Then the Commission received a petition on 27.04.07 in which he stated that he forwarded the letter no. SIC.166/2006/6 dtd. 26.12.06 to the D.C., Nalbari which was received by him. He did not get any information from the D.C., Nalbari. Hence this complaint case.

Submission of the parties
The complainant reiterated the statement made by him in the petition dtd.11.12.06. He further stated that he gave a petition to the D.C., Nalbari on 8.12.06.

The SPIO stated that the complainant did not meet her on 1.8.06 She also said that the complainant did not meet her on 4.9.06. She admitted that she received the letter of the D.C., Nalbari on 8.2.07. She admitted that she made a mistake and that she was not aware of the provisions of the RTI Act. She stated that she had brought copies of the documents sought for by the complainant and would hand over the same to the complainant then and there.

The Deputy Commissioner, Nalbari stated that on receipt of the notice of the Commission he directed the C.O., Nalbari who is the SPIO for her office to provide information pointing out in his letter to her that failure to provide information in time will lead to penalty.

Observation by the Commission
The Commission found it extremely difficult to believe that the C.O., Nalbari or her office did not receive the petitions. The Commission was unhappy that the C.O., Nalbari did not furnish information. The C.O., Nalbari could not give any suitable reply during the hearing as to why she could not furnish copy of the documents available in her office even after the D.C., Nalbari who is her Controlling Officer gave specific direction to her to furnish the information. Rather, she showed an attitudinal problem in dealing with the R TI petitions.

The Commission wanted to impose penalty on her, when the D.C., Nalbari apologized on her behalf and the complainant also did not press for imposition of the penalty. The Commission observed that the contention of the D.C., Nalbari that he sent the petition to the C.O., Nalbari and she should have given the reply was not acceptable as it is the duty of the D.C., Nalbari and SPIO of his office to ensure furnishing of the reply to the petitioner.

Decision of the Commission
1. The Commission, on careful consideration of the facts and circumstances of the case decided not to impose any penalty on the C.O., Nalbari on the ground that she apologized to the Commission for the delay in furnishing the information and promised that she would deal with the RTI petitions promptly and would not show any attitudinal problem in dealing with the members of the public and on the ground that the complainant did not press for imposition of penalty. The Commission, however, made it very clear that in future if there is any lapse on her part in dealing with the RTI petitions, she will not be excused and penal action shall be taken against her as per law.

2. The Commission also found that D.C., Nalbari had failed to act on the petition which was submitted to his office on 8.12.06 by the petitioner. The Commission directed him to conduct an enquiry and fix responsibility why the said petition was not put up to him. He also did not ensure that the information was furnished to the petitioner after the Commission transferred the petition to him which he forwarded to the SPIO. It was also revealed that in the office of the D.C., Nalbari there are no notices put up to facilitate submission of the petitions on RTI by the public. The Commission, therefore, directed the D.C., Nalbari under Section 19(8) of the RTI Act, 2005 that he should display notice boards in prominent places in his office and also in the offices of his subordinates in his district the names, telephone numbers and address of the State Public Information Officer/ Asstt. State Public Information Officer/Appellate Authority and the place where the public can submit the petitions under the RTI Act. In the notice, the mode of payment of the application fees should also be mentioned.

3. The Commission would like to stress the need for spreading R TI education in the district and accordingly advised the D.C., Nalbari to organize a meeting of the offices of his district in consultation with the State information Commissioner.

The Deputy Commissioner should send compliance report to the Commission by 4.7.2007.

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. Md. M.U. Ahmed, Deputy Commi.ssioner, Nalbari
2. Smti. Nadira Jesmin, Circle Officer, Nalbari Revenue Circle, Nalbari.
3. Shri Dhirendra Mallah Buzarbaruah, General Secretary, All Assam Elementary Teachers Educators' Association, Basic Training Centre, Nalbari
4. MD, AMTRON, Bamunimaidam for website uploading
5. Office file.

Secretary
State Information Commission, Assam