PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION
Case No. 18/2007
Dated 13-03-2007
The following was present:
Shri Ranjit KaIita, Addl. Deputy Commissioner, Dhubri.
Shri Ranjit KaIita, Addl. D.C., Dhubri present.
Brief of the case
Shri Ranjit Kalita, Addl. Deputy Commissioner appeared before the Commission
to submit his reply to the show-cause notice served on him vide memo no. SIC.18/2007/38
dated 21.2.07 asking him to show cause why he should not be imposed a penalty
at the rate of Rs.250/- per day till the information was furnished to the complainant
Shri Dilip Kumar Chakraborty, Garikhana Road (Bye-lane), P.O. Bidyapara, Dhubri.
The Commission decided to issue showcause notice to Shri Kalita, the SPIO of
the office of the D.C., Dhubri during the period as the Commission found that
Shri Kalita, had failed to furnish information to the complainant till the date
of the hearing of the Commission on the matter on 21.2.07 although he was in
receipt of eight applications on 17.8.06 and should have furnished the information
sought for by 16.9.06 as per Sec. 7 (i) of the RTI Act, 2005. The Commission
also found that both the D.C., Dhubri and the SPIO of his office were of the
view that the complainant should not have preferred an appeal before the Commission
which was totally wrong and it showed their ignorance of the provisions of Sec.
18 (1)( c) of RTI Act, 2005. Hence this case.
Submission of Shri Ranjit Kalita:
Shri Ranjit Kalita submitted before the Commission verbally and through a written
statement that eight petitions were submitted by the petitioner Shri Dilip Kumar
Chakraborty in the Facilitation Center of the office of the Deputy Commissioner,
Dhubri on 17.8.2006. He stated that the Facilitation Center duly acknowledged
receipt of the petition and the petitioner deposited an amount of Rs.80/- as
the application fees for eight petitions in the DC's office, Nazarat Branch
on the same day. He further submitted that the said set of petitions was not
brought to his notice for which he failed to provide information to the petitioner/complainant
and the said applications were received by the Development Branch from the Facilitation
Centre on 18.8.06. He added that he came to know about this only when he received
the notice from the Commission, might be, in the second week of January, 2007
and he obtained copies from Shri Chakraborty by calling him to his office. He
further stated that he was ready with the information sometimes on 17.2.07 and
informed Shri Chakraborty to collect the information which was not collected
so far.
Decision of the Commission
i) The Commission, on careful consideration of the facts and circumstances of
the case was of the opinion that the SPIO of an office/ Public Authority cannot
take the plea of non-receipt of the petitions if his office had received them
and also asked the petitioner to pay the application fee and the petitioner
paid the same. In the instant case, the plea of Shri Ranjit Kalita was that
he did not receive the applications personally but the Facilitation Centre as
well as the Development Branch of the DC's office, Dhubri received them. These
issues are matters of internal office administration which should have been
sorted out by the SPIO and the head of office without any detriment to the petitioner
under the RTI Act. This plea, therefore, could not be entertained by the Commission.
ii) Meanwhile, the petitioner has sent a complaint dt. 2.3 .2007 to the Commission
that Shri Kalita had sent for him on 2.3.07 at about 12:30 P.M and accordingly
he went to Shri Kalita's office chamber. According to the petitioner he behaved
very indecently towards him and said that on 21.2.07 he was fully fit and was
in charge of D.C, Dhubri. He specifically mentioned that Shri Kalita told him
that he did not. sign the application and that he would defend the case and
linger the matter. The Commission observed that Shri Kalita's attitude to the
petitioner was unbecoming of his position and has also failed to furnish him
the information despite Commission's direction. It shows his utter disregard
for the RTI Act.
iii) In our view, whenever any application was received by any branch of a Public
Authority, it shall be deemed to have been received by the SPIO to whom the
application was addressed. If Shri Kalita's plea is entertained, a citizen will
never be able to get information from a Public Authority on the plea that some
branch or dealing assistant has received the same and hence the SPIO has no
responsibility. This will defeat the very purpose of the enactment of this Act.
Besides, in this case the Facilitation Centre has been created for public grievances
redressal, specially for facilitating the submission of petitioners under the
RTI Act. This being the case, the plea of Shri Kalita is only a lame excuse.
iv) The Commission, therefore, confirms its decision to impose a penalty of
Rs.25,000/-,under Section 20 (1) of RTI Act, 2005 for the delay in furnishing
the information, on Shri Ranjit Kalita, ACS, Addl. Deputy Commissioner, Dhubri.
Shri Kalita was asked whether he would pay the penalty in installments or in
one go to which he replied that he would pay it in one installment. Shri Kalita
is therefore directed to deposit the same within a period of one month to the
Treasury under the Head of Account- 0070-other Administrative Services and report
compliance to the Deputy Commissioner, Dhubri. The Commission also requires
the Deputy Commissioner, Dhubri under Section 19(8) (a) to ensure compliance
of this order in time and send the report to the Commission.
v) The Commission also noted with regret that the information has not yet been
furnished to the petitioner despite the clear instructions issued to the Deputy
Commissioner on 21.2.2007 when the Deputy Commissioner was present in the hearing
on behalf of Shri Kalita, then SPIO. The Deputy Commissioner had submitted at
that time that since Shri Kalita was not able to come for the hearing he was
representing him and that the information was ready to be furnished to the petitioner.
Despite that submission the information has not been furnished to the petitioner.
vi) The Commission, in view of the submission made by the DC, Dhubri in the
hearing on 21.2.07, has considered him as the deemed PIO and takes serious note
of his failure to provide the information to the petitioner immediately. It
is also surprising that he has instead sent the information to the Commission
which was received in the Commission office on 12.3.07 on the ground that petitioner
refused to receive the materials and insisted that he would collect it from
the Commission office. The Deputy Commissioner should not have given opportunity
to the petitioner for a fresh complaint but handed over the materials to him
immediately after the hearing. Since he has failed to do that the Commission
is constrained to take action against him under Section 20(1) of the RTI Act
and proposes to impose a penalty of Rs. 250/- per day to him till the information
was received in the Commission office on 12.3.07 from 21.2.07. He will explain
why the Commission should not confirm this proposed penalty within a period
of 15 days i.e. by 28.3.07.
The Commission, further directs the DC, Dhubri to furnish the information free
of charge to the petitioner within 7 days of the receipt of this order failing
which the Commission would be constrained to enhance the quantum of penalty
proposed
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.
Memo No SIC.18/2007/47 Dated March 13, 2007
CC:
1. The Chief Secretary, Govt. of Assam, Dispur, Guwahati.
2. The Commissioner & Secretary, AR & Training Deptt., Dispur.
3. The Commissioner & Secretary, Personnel (A) Deptt., Dispur, Guwahati.
4. The Deputy Commissioner, Dhubri
5. Shri Ranjit Kalita, SPIO of the Office of the Deputy Commissioner, Dhubri,
through DC, Dhubri who will formally serve this order on Shri Kalita.
6. Sri Dilip Kr. Chakraborty, Garikhana Road, (Bye Lane) P.O. Bidyapara (Dhubri)
Dist- Dhubri.
7 . MD, AMTRON, Bamunimaidan for website uploading.
8 . Office file.