Name of the Complainant:
Shri Nitya Nanda Kalita,
S/o Shri Bhairab KaIita, Viii. Bhuktabari,
P.O. Sipajhar, Darrang.

Name of the Public Authority:
D.I. of Schools, Darrang.


The following were present:
1. Dr. Loknath Sarma, Dy Director, Elementary Education - SPIO
2. Smti. Mehzabeen Banu, DEEO, Darrang
3. Shri Someswar Hazarika D.I. of Schoold, Mangaldoi - Public Authority
4. Shri Direswar Bora
5. Shri Nitya Nanda Kalita - Complainant

Brief of the case
On 17.5.07 a petition was received from Shri Nitya Nanda Kalita of Bhuktabari, Sipajahar, Darrang district by the Chief Information Commissioner in which he stated that he did not receive information from the DEEO Darrang for appointment of 5 teachers within the stipulated time. The information sought for by him were as follows:

Names of the teachers and the class in which these persons are serving as teachers are;

1. Shri Pratibha Sharma - Dhakhin Chuburi B.J. Balika L.P. School (Ghorabandha)
2. Shri Sikhajyoti Sharma - Bhukabari L.P. School
3. Shri Thirtha Sharma - Nij Ghadiapara L.P. School
4. Shri Bharati Devi - Mahakabi Kalidas L.P. School
5. Shri Naba Sharma - Nij Sipajhar L.P. School.

1. Who appointed them? Whether the signatures of the officer ware genuine or not?

2. Whether they were appointed against the plan and non plan or allotted post?

3. Admit cards, certificates, mark sheets of these people in matriculation examination

4. Dates of interview with numbers of these persons.

5. Copies of the appointment letters, joining reports and certificates of the Headmaster of the respective schools about their joining.

6. Certificates of appointment for the first and second months.

7. Centre from which the monthly salaries were paid and from which date

8. Retention orders

9. When they were converted? Furnish copies

10. From which centre did they draw salaries. Bill register, transit register and treasury LOC numbers be collected.

11. Dr. Zoi Nath Sharma the then Revenue Minister was the President of Mangaldoi Mahakuma Shikshak Basani Board. Whether in the selection list prepared by the Selection Committee these names appeared.

12. Certificates from Headmaster, Managing Committee and Village Education Committee be furnished

13. Attendance register photocopies

14. Legality of their service be certified by the D.l. of Schools from 1999 to 2004. During that time three D.l. of Schools worked.

15. Who initiated the appointment letters of the teachers?

Submission of the parties
The complainant submitted that as he suspected illegal appointment of these persons who are relatives of Shri Paresh Sharma an employee of the office of the DEEO, Darrang he wanted complete information regarding their appointment, interview and whether they are selected by the Mangaldoi Mahakuma Shikshak Basani Board for teachers. In case of one candidate he alleged that he wanted copy of the admit card as she was under age at the time of her appointment as teacher in 1999.

The DEEO, Darrang stated that the information was ready and they could collect the admit cards and matriculation certificates etc from the concerned teachers and would be able to furnish copies of the same. Regarding the statement of Dr. Zoi Nath Sharma she stated that it was not possible on her part to obtain statement of Dr. Sharma. She also stated that she could not locate the records of the Selection Committee of Mangaldoi Mahakuma Shikshak Basani Board as they are not available in her office and as such it was not possible on her part to furnish any copy.

Observation by the Commission
The Commission observed that the petitioner mainly wanted information on whether

(a) there was any procedure followed for appointment of these teachers, (b)some candidates were under age at the time of interview, (c) they are getting their salaries and if so from where, (d) the signature on the appointment letters was genuine etc. The Public Authority had collected most of the information but the information like the genuineness regarding signature on appointment letter may be difficult for the Public Authority to furnish. The Petitioner may have to take recourse to appropriate authority to ascertain this fact.

Decision of the Commission
The Commission on a careful consideration of the facts and circumstances of the case directed the DEEO, Darrang to furnish the information which he had collected already on payment of the charge of the photocopy. The petitioner was also directed by the Commission to examine the information furnished to him- in the light of the observations by the Commission as some of the information required by him are redundant. However, if he feels that the information given to him is misleading or incorrect then he may approach the First Appellate Authority, the Director of the Elementary Education, Guwahati.

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, Elementary Education, Assam, Kahilipara, guwahati - 19
2. Dr. Loknath sarma, Deputy Director of Elementary Education, Assam Kahilipara, Guwahati-19
3. Smti. Mehzabeen Banu, District Elementary Education Officer, Darrang Mangaldoi.
4. Shri Nitya Nandan Kalita, S/o Sri Bhairab Kalita, Vill. Bhukbari PO & P.S. Sipajhar, Darrang.
5. Director, Information & Public Relations, Assam, Dispur, Guwahati.
6. MD, AMTRON, Bamunimaidan
7. Office file.


Secretary
State Information Commission, Assam