Dated 24-08-2007

Name of the Complainant:
Sri Chandan Barman
Legal Cell for Human Rights,
Shree Satya Sai Nilayam,
1/18, JB Lane, Jorpukhuripar South Uzanbazar, Guwahati - 781001

Name of the Public Authority:
Welfare of Minority Development Dept.

The following were present:
1. Md. Alauddin
Secretary, Welfare of Minority & Development Deptt - Public Authority
2. Sri Chandan Barman - Complainant
3. Sri Ravi Sagar - Accompanying the complainant

The complainant present. Md. Alauddin, Secretary, Welfare of Minority and Development Department present.

Brief of the case
On 03.08.2007, a complaint petition was received from Shri Chandan Barman of Uzanbazar, Guwahati in which it was stated that he did not get the information from the Department of Welfare of Minority Development Department, Government of Assam. He stated that originally his petition was transferred by the Secretary of Assam Information Commission to the Commissioner & Secretary, Political Department on 18.6.07 which was, however, transferred by the SPIO of Political Department on 26.6.07 to the Secretary, Welfare of Minority Development Department. But no information was furnished by the Secretary, Welfare of Minority Development Department till date. Hence this case.

Information sought for by him was whether Government of Assam constituted any authority to issue Minority Status Certificate for educational institutions established under Articles 29 and 30 of the Constitution of India and if so, the name of the authority and the procedure to obtain Minority Status Certificate be furnished.

Submission of the parties:
The complainant stated before the Commission that he submitted one RTI application to the Secretary, State Information Commission, Assam on 13.6.07 which was transferred to the Commissioner & Secretary, Political Department, Government of Assam on 18.6.07 by the Secretary. He received a communication dated 26.6.07 from the SPIO of the Political Department information that his petition along with the letter of the Secretary of the Commission dated 18.6.07 was transferred to the Secretary, Welfare of Minority Development Department, Government of Assam as the matter relates to that Department. But till date, he had not received any information and hence he submitted this complaint.

The complainant submitted that he went to the Welfare of Minority Development Department twice but could not find any body in the department.

The Secretary, Welfare of Minority Development Department informed that at the dak level, he advised the Deputy Secretary of his department who is also the SPIO to send the application to the Education Departments. But the letter of the Political Department with the petition of the complainant was not sent to the Education Departments by the concerned dealing Assistants. On receipt of the notice of the Commission in the case, he immediately sent it to the Education Departments. However, he informed the Commission that he had already initiated departmental action against two dealing assistants of his department for not putting up the petition of the complainant to the SPIO or to him. He apologized for the delay and stated that the SPIO of hid department was on leave and hence he came personally to apprise the Commission of the position.

Observation of the Commission
The Commission observed that instead of sending the application under section 6 of the RTI Act, 2005 to the Secretary of the Commission, the petitioner should have sent it to the concerned Public Authority or to the SPIO. The Commission is not the custodian of the records of the Public Authorities in the State. The RTI applications under section 6 of the RTI Act, 2005 should be sent to the Public Authority or to the SPIO of the Public Authority.

The Commission made it clear to the public authority that it was not concerned which dealing assistant dealt with the petition but it was the SPIO who would be responsible for taking action on RTI matters. The SPIO was liable for failure in discharging his responsibility.

Decision of the Commission
i) The Commission, on a careful consideration of the facts and circumstances of the case, directed the SPIO to explain why penal action as per provision of Section 20 of the RTI Act, 2005 should not be taken against him for the delay caused in transferring the petition of the complainant to the Education Department.

ii) The Commission also desired the Secretary of the Welfare of Minority Development Department to inform the action taken against the dealing assistants for their failure to take action on the RTI petition of the complainant.

iii) The Commissioner and Secretary, Education Department to whom the petition had been transferred by the Secretary, Welfare of Minority Development Department should ensure that the information was furnished to the complainant within the time specified under section 7 of the RTI Act, 2005.

The Commission decided to hear the case again on 29.9.07 by which time the above directions would be required to be computed.

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 Commissioner & Secretary, Education Department, Dispur.
2. Md. Alauddin, Secretary, Welfare of Minority Development Department
3. Sri Chandan Barman, Legal Cell for Human Rights, Shree Satya Sai Nilayam, 1/18, JB Lane, Jorpukhuripar South Uzanbazar, Guwahati - 781001
4. The DIPR, Dispur Guwahati.
5. MD, AMTRON, Bamunimaidan.
6. Office file.


Secretary
State Information Commission, Assam