Dated 31-08-2007

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

The following were present:
1. Shri Padma Dhar Gogoi C.E. PWD (R), Assam
2. Shri Bodheswar Bora, S.E. PWD (C), Jorhat Circle
3. Shri Bhaben Ch. Choudhury E.C. PWD, Golaghat (RR) Div Public Authorities
4. Shri Prakash Saikia AEE, TC, PWD, Golaghat (RR) Div.
5. Shri Ajit Bhuyan, Addl. C.E (P), PWD(R), Ghy
6. Akhil Gogoi
7. Riden Bosumotary
8. Jiten Doley

Brief of the case
We heard the complaint of Shri Akhil Gogoi of Golaghat on 1.11.06 when only the Assistant Executive Engineer T.C, PWD, Golaghat representing the public authority was present. The PIO / other Public Authorities were absent on that day without intimation. After hearing both the parties the Commission passed the following order.

“Neither the PIO nor the Public Authority is present. Only the Assistant Executive Engineer PWD (Roads) Golaghat is present. The Commission takes adverse notice of the absence of PIO / Superintendent Engineer PWD (Roads) Jorhat and the Executive Engineer PWD (Roads) Golaghat. The Commission directs the complainant to submit a petition to the Executive Engineer, PWD (Roads) Golaghat stating clearly in detail what further information is required by him. On receipt of the petition of the complainant, the Executive Engineer, PWD (Roads) Golaghat shall send the petition to the Superintending Engineer PWD (Roads), Jorhat. In the meantime, the Executive Engineer, PWD (Roads) Golaghat shall compile the information as sought for and send the same to the Superintending Engineer, PWD (Roads), Jorhat who on being satisfied shall furnish the same to the complainant within 30 days of the receipt of this order. In case the complainant is not satisfied with the information, he may approach the Commission for further action”.

On 16.2.07 the Executive Engineer PWD (Roads) Golaghat assessed the cost for providing the information at Rs. 5000/- and asked the complainant to pay it though he was ordered by the Commission to provide it free of cost. Hence the petitioner complained before the Commission vide his petition dated 4.7.07.

Submission of the parties
The complainant submitted that after obtaining the order of the Hon’ble Commission dated 1.11.06, he approached the Executive Engineer, PWD, Golaghat several times with the request that the information should be given free of cost. But the Executive Engineer, PWD, Golaghat did not give any information. Rather he misbehaved with him. Then he received a letter dated 16.2.07 from the Executive Engineer, PWD, Golaghat Rural Roads Division asking him to deposit Rs. 5,000/- as the approximate cost for the information as per Section 7 (1) & 7(5) of the RTI Act, 2005. He, however, submitted that the Hon’ble Commission had ordered the information free of charge. He also went to the office of the SPIO of the Chief Engineer PWD (R), office but the RTI cell in the Chief Engineer’s office was generally without any staff and one lady assistant who was present expressed ignorance about the RTI matters. However, he met the Superintending Engineer, PWD (Roads) who was the SPIO of the office of the Chief Engineer PWD (R), Assam.

The complainant further stated that the Executive Engineer, PWD (R), Golaghat on receipt of his petition dated 2.6.06 relating to the development works by PWD (R) Department in Golaghat for the period 2002-2006, instead of furnishing the information, informed him on 8.5.06 that he would not be in a position to furnish detailed information regarding the development works without permission of the Government as informed by him to the Commission earlier.

The Executive Engineer, PWD (R), Golaghat Division submitted that his absence on the date of hearing i.e. on 1.11.06 was not at all intentional and he deputed one Assistant Executive Engineer, PWD (R), Golaghat Division who dealt with the RTI matters in his office to represent him. He prayed to the Commission to excuse him for not attending the hearing on 1.11.06. He further submitted that the complainant sought for information on the projects taken by his Division during the period 2002-2006 and wanted details of every project, total budget of each project, how it was spent, detailed documents of execution, nature of the work whether on contract basis and all connected documents in this regard as well as the present status of every work. He had brought all the records with him along to show that the documents containing information sought for by the complainant were huge in number. When asked about the estimate of the total cost for photocopying the records, the Executive Engineer, PWD expressed that he had no definite idea about the cost involved but it must be very high.

He had collected the records from various Sub-Divisions under his control and these involved not only the project report of each work and the budget for each work but also the statements of the rates of the tenders received for each project, assessment report of the technical and official bids as well as records relating to the bills submitted by the contractors for each project, measurement books, which are numerous. In view of the volume of documents which needed to be copied for furnishing to the complainant he could not furnish the information to the complainant. He submitted that the Commission had ordered for furnishing information to the complainant free of charge and as the cost of photocopying of the documents was very high he wanted to bring it to the notice of the Commission about the huge cost involved for photocopying the same. He further stated that a letter was issued to Shri Akhil Gogoi asking him to pay an amount of Rs. 5000/- approximately.

Shri Ajit Bhuyan. Additional Chief Engineer (P), PWD who was the SPIO of the office of the Chief Engineer PWD strongly contested the allegation of Sri Gogoi that the RTI Cell in the office of Chief Engineer, PWD (R), Assam was non functional. He informed the Commission that on the very day of the receipt of the petition of Sri Gogoi on 29.1.07 he sent the petition to the Executive Engineer, PWD (R), Golaghat Division on the same day.

The Chief Engineer, PWD (R), Assam assured the Commission that he would look into the allegation of Sri Gogoi and take corrective measures in this regard.

Observation of the Commission
The Commission observed that the Executive Engineer, PWD (R), Golaghat Division should not have asked the complainant to deposit Rs. 5000/- for obtaining the information as sought for by the complainant as the Commission vide its decision dated 1.11.06 directed him to furnish the information free of cost as the Public Authority failed to provide the information on time.

The Commission on rough calculation of the cost found that around Rs. 3,00,000/- would be spent on photocopying the documents as sought for by the complainant. However the Commission observed that since the Executive Engineer, PWD (R), Golaghat Division had already informed the complainant that around Rs. 5000/- would be the cost for photocopying the documents, the Executive Engineer, PWD (R) Golaghat Division should furnish the copies of the documents limiting its photocopying cost to Rs. 5000/-.

The Commission also brought to the notice of both the Public Authority, PIO and other officers present as well as to the complainant Section 7 (9) of the RTI Act which provides that an information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

There was a clear violation of the order of the Commission dated 1.11.06 by the Executive Engineer, PWD(R) Golaghat Division as he, inspite of the orders of the Commission dated 1.11.06 to furnish the information to the complainant free of charge, issued notice to the complainant to pay Rs. 5000/- . Moreover, it was wrong on his part to inform that he had to seek permission from the Government to furnish information as sought for by complainant. The Commission found that he had also written a letter to the Superintending Engineer, PWD (R) Jorhat Division on 22.3.07 requesting him to accord permission for furnishing information. The Executive Engineer was totally ignorant of the provisions of RTI Act 2005 and he behaved rudely to the petitioner on a number of occasions.

The Commission found that none of the information sought for by the complainant is covered by exemption from the disclosures of information under section 8 & 9 of the RTI Act and as such the SPIO was bound to furnish information in this regard.

Decision of the Commission
i) The Commission, in exercise of powers conferred on it by section 20 (i) of the RTI Act, 2005 decided to impose penalty of Rs. 25000/- on Shri Bhuban Chandra Choudhury, Executive Engineer PWD (R), Golaghat Division for violating the order of the Commission and refusing to furnish the information. However, he was directed to submit a sworn affidavit to the Commission personally or through his representative on 24.9.07 showing cause why the penalty so imposed should not be executed.

ii) The Commission further directed the Superintending Engineer, PWD, Jorhat Division to be present personally in the office of the Executive Engineer, PWD (R), Golaghat Division on 21/9/07 to supervise the compilation of the documents sought for by the complainant and allow the complainant to inspect the documents so compiled on that day and take notes therefrom in presence of an officer of the office of the Executive Engineer, PWD (R), Golaghat Division. Notes so copied should be certified by the Executive Engineer, PWD (R), Golaghat Division.

iii) The Commission further directed that the photocopies of the documents limited to the cost at Rs. 5000/- be furnished to the complainant free which the Commission ordered earlier. Inspection of documents should also be allowed free of cost.

iv) The Commission fixed 24.9.07 for submission of affidavit and the compliance report.

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.
7. Office File


Secretary
State Information Commission, Assam