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

Name of the Public Authority:
DEEO, Darrang.


The following were present:
1. Dr. Loknath Sarma, Dy. Director, Elementary Education -SPIO
2. Smti. Mehzabeen Banu, DEEO, Darrang - Public Authority
3. Shri Hitesh Deka
4. 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 it was stated that he wanted certain information relating to the appointment of Shri Paresh Sharma and his arrest subsequently but the DEEO, Darrang did not furnish any information to him. The information sought for by him were as follows:

Part - A

(1) When was Sri Paresh Sharma appointed in the office of DEEO, Darrang and against which post?

(2) Who appointed Shri Sharma in the office? Written statement of the said officer should be given.

(3) Was any advertisement given for the interview then furnished copy?

(4) Was there any interview or selection held? How many candidates appeared in the examination? Please furnish their list.

(5) Which board took interview of Shri Paresh Sharma? Who was its' President?

(6) Furnish copies of interview number, year and date of Shri Paresh Sharma

(7) Which officer initial the appointment letter of Shri Paresh Sharma and from which file was the appointment letter issued?

Part - B

(1) On what charge Shri Paresh Sharma an employee of the office of the DEEO, Darrang (presently attached DI, office) was arrested.

(2) On which date and under what section of law was he arrested, for how many days he was in jail and when was he released?

(3) Was Shri Sharma placed uinder suspension after his arrest, if so for how many days? Please furnish a copy of the Government order.

(4) Has any judgment passed by the Court against Shri Sharma, if-so, when was the final judgment passed? Please furnish a copy of the judgment.

(5) On which date was Shri Sharma reinstated?

(6) Which government officer reinstated Shri Sharma?

(7) According to the information Shri Sharma was transferred from Mangaldoi to Kathiathali in Nagaon district. Why was he allowed under the same place.

Submission of the parties
The DEEO, Darrang stated that the information had already been collected and he was ready to give it after making photocopies of the same. He read out the information in presence of the Commission to the complainant and the complainant expressed -his satisfaction on the information read out to him. The DEEO, Darrang further stated that Shri Sharma was appointed without any interview and without any advertisement of the post. He also stated that it was not known which assistant initialed the appointment order. However the appointment letter was available in the file.

The SPIO of the Directorate of Elementary Education informed that an inquiry was held to find out how Shri Sharma was appointed without any interview and advertisement. But the inquiry officer could not fix the responsibility on any officer for the appointment of Shri Sharma. He also confirmed that the appointing authority of L.D. Assistant in the DEEO office is the Directorate of Elementary Education and not DEEO, Darrang. So the file no relating to the appointment of Shri Sharma could not be furnished to the complainant. The DEEO, Darrang informed that they- had already sent a letter to the Director, Elementary Education pertaining to the relevant point no. 6 of part -A of the petition.

Observation by the Commission
The Commission observed that the DEEO, Darrang has already collected the information pertaining to his office and he had made it clear that no interview was held and a departmental inquiry was also instituted to fix responsibility for appointment of Shri Sharma without any interview / advertisement. It was clarified by him that the appointment was made by the Director of Elementary Education.

Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the case decided to direct the DEEO, Darrang to furnish the information which was already available with him to the petitioner by 12.7.07 on payment of the cost of photocopies.

The Commission also directed the SPIO of the Directorate of Elementary Education to furnish the information on parts relating to his office to the petitioner within 15 days from the date of this order.

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