Name of the Complainant:
Shri Moti Ram Nath,
S/o Shri Dusta Ram Nath, Viii. Garoimari, P.O. Dhakipara,
Sipajhar, Darrang. 784145.

Name of the Public Authority:
Director, Elementary Education, Assam. and
Deputy Inspector of Schools, Darrang

The following were present:
1. Dr. Loknath Sarma, Deputy Director, Elementary Education - SPIO
2. Smti. Mehzabeen Banu, DEEO, Darrang
3. Shri Someswar Hazarika, D.I of Schools, Mangaldoi - Public Authority
4. Shri Sashindra Bhattacharyya, Asstt. Planning Officer, office of the DEEO, Darrang.
5. Shri Direswar Bora
6. Shri Moti Ram Nath - Complainant

Brief of the case
A petition was received from Shri Moti Ram Nath of Garoimari of Darrang by the Commission on 17.5.07 in which he alleged that he sought for information from the DEEO, Darrang on 23.2.07 relating to five teachers but he was not furnished any information.

Information sought for were as follows:

The following persons were appointed as teachers on 4.12.99 who were relatives of Shri Nagen Sharma, Pub Lokrai Centre Secretary.

(1) Shri Dhananjoy Sharma (2) Shri Ratul Sharma of Barangajuli L.P. School, Khoirabari, brother (3) Shri Gitamoni Sharma, sister, a teacher in the same school (4) Shri Anjan Sharma, a teacher in Barlakhat L.P. , relative (5) Shri Utpal Sharma- Barlakhat L.P. School teacher.

The following information were sought for:

1. These five persons are shown as teachers since 6.12.99 to March, 2003 under Khoirabari Education Block. Copies of their appointment letters be furnished.
2. Marks in the interviews.
3. Whether their names were included in Mangaldoi Mahkuma Sikshak select lists.
4. From which centre did they take salaries for the period.
5. Which Govt. officers appointed them. Statement of these officers be furnished.
6. Certificate of salary payments be given.
7. What categories of posts they were holding, Plan, Non-plan, vacant post, allotted post.
8. Whether retention were there for them in 1999, 2000, 2001.
9. Head Masters' certificates for their working as teachers for the period.
10. Certificates from School Managing Committee and G.P. Education Committee be furnished
11. Whether they attended Centre Committee meetings.
12. Attendance Registers for the period.
13. Bill Register no., Transit Register no. and L.O.C of Treasury details be furnished.
14. Who initiated their appointment letters. Statements of the officials who initiated them.
15. Statement ofShri Jogen Bora, former DEEO about the legality of their appointments.
16. High court Cases registered by them in 2003-04 what were the circumstances.
17. Three months basic training pass certificate.
18. Why were they allowed to join basic training after nine months
19. How could they work as teachers after they wrote before Magistrate Shri P.C. Kakati that their appointments were illegal and hence will not work.
20. Was it a fact that the Director, Elementary Education, Commissioner & Secretary Education Deptt., Govt. of Assam and the Gauhati High Court were informed about the resignation of these teachers.
21. Was the sanctity of Gauhati High Court destroyed by filing a case on the basis of fake documents thereby misleading the Hon'ble Court
22. Did they not defile the sanctity of the Gauhati High Court and the Judiciary of Indian Republic by filing a Court Case before the Gauhati High court for payment of their salaries

Submission of the parties
The complainant reiterated the points mentioned in his complaint before the Commission and the points raised in his application before the DEEO, Darrang and stated that he received some information from the BEEO, Khoirabari and the BEEO, Sipajhar but the statements were contradictory. The DI of Schools submitted that the office of the DI of Schools, Darrang could not find any records of the interviews taken and the proceedings of the Mangaldoi Mahakuma Sikshak Bachani Board and hence he was unable to give information relating to point 2 and 3. Regarding the attendance registers of these teachers, the BEEO concerned had the registers copies of which could be furnished to him or the complainant might take copies of the relevant entries which would be certified by the BEEO concerned. In this regard he would issue necessary instructions to the BEEO.

Observation by the Commission
The Commission observed that basically the complainant wanted to know whether interviews were held for selection of teachers and the dates on which the interviews were held for these teachers. He also wanted to have copies of the appointment letters issued by the DI of Schools. He also wanted to know the dates from which these teachers were serving in the respective schools giving the names of the schools in which these teachers were serving for the said period. The complainant also wanted to s of these teachers with their signatures of attendance in the attendance registers in their respective schools. The complainant expressed that he would be satisfied if these information were supplied to him as he wanted to know from records whether the appointments of these teachers were legal or not.

Decision of the Commission
The Commission on careful consideration of the facts and circumstance of the case directed the DI of Schools , Darrang to furnish the following information to the complainant on 12.7.2007 positively
(1) Whether interviews for selection of these teachers were held and if so when.
(2) Copies of the appointment letters of these teachers as issued by the DI of Schools, Darrang.
(3) The dates from which these teachers have been serving in schools stating the names of the schools
(4) Inspection of the attendance registers of the schools in which these teachers have been serving in this period and taking notes to be duly certified by the BEEO concerned for which the DEEO , Darrang should issue necessary instruction. In case the complainant, on getting the information from the DI of Schools as ordered above was not satisfied with the information furnished by the DI of Schools, he might feel free to approach the Commission.

The Commission further directed that the DEEO, Darrang should designate SPIOs/ ASPIOs as decided by the Director of Elementary Education as at present there are some confusions in the designations of SPIOs/ ASPIOs

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. Shri Someswar Hazarika, Deputy Inspector of Schools, Mangaldoi
4. Smti Mehzabeen Banu, District Elementary Education Officer, Darrang Mangaldoi.
5. Shri Moti Ram Nath, VilI. Goroimari P.O. Dhakipara, P.S. Sipajhar, Darrang-784145.
5. Director, Information & Public Relations, Assam, Dispur, Guwahati.
6. MD, AMTRON, Bamunimaidan
7. Office file.


Secretary
State Information Commission, Assam