Dated 25-09-2007

Name of the Complainant:
Shri Akhil Gogoi
C/O G. Tamuli, D.R. Collage Road,
Near Circuit House, Golaghat.

Name of the Public Authority:
Executive Engineer, PWD, Golaghat

Background
The Commission in the hearing of this case on 31.8.2007 decided, among others, to impose a penalty of Rs. 25,0001- U/S 20(1) of RTI Act, 2005 on Executive Engineer, PWD, Golaghat (RR) Division for his failure to provide timely information to the petitioner. In that order the Commission directed the Executive Engineer to submit a sworn affidavit giving reasons why the penalty should not be executed. The time limit given for submission of the affidavit was 24.09.2007.

The Executive Engineer submitted a sworn affidavit which was received by the Commission on 24.09.2007. In the affidavit the Executive Engineer admitted his failure to provide timely information to the petitioner. He submitted that it was for the first time he was confronted with implementing the provisions of the RTI Act and that the information sought by the petitioner was very voluminous and it was time consuming to collect, prepare and compile them. The Executive Engineer assured in the affidavit that henceforth he would not make such a mistake and prayed for not executing the penalty.

The Commission considered the matter in its entirety and found that the failure on the part of the Executive Engineer to provide timely information was not on account of his disinclination to implement the RTI Act but that the information had to be collected from the entire district for five years which was a formidable task. The Commission found that the cost of photocopy of the pages of documents would be in the range of three lakh rupees and it was really time consuming to collect that type of information. In view of the enormity of the task involved and also in view of the assurance given by the Executive Engineer to be more sincere in future, the Commission decided to refrain from executing the order of penalty on him.

The order of imposing penalty on the Executive Engineer therefore stands revoked.

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 Chief Engineer, PWD (R), Chandmari, Guwahati, Assam.
2. The Superintending Engineer, PWD (R), Jorhat Circle, Jorhat
3. The Executive Engineer, PWD (Roads) Golaghat Division, Golaghat.
4. Shri Akhil Gogoi, C/O G. Tamuli, D.R. Collage Road, near Circuit House Golaghat.
5. DIPR, Assam.
6. MD, AMTRON, Guwahati.
7. Office File


Secretary
State Information Commission, Assam