Dated 29-09-2007

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. Ahmed Hussain, Jt. Secy, Assam Minority Welfare & Devpt Deptt.
2. Md. Zakir Hussain, SPIO

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.

During the hearing on 24.8.07, the Commission observed that the SPIO of the welfare of Minority Development Department, Government of Assam did not transfer the petition of the complainant to the Education Department and hence the Commission asked the SPIO of the Department to explain why penal action should not be taken against him for the delay.

The Commission also directed the Commissioner & Secretary to the Government of Assam, Education Department to whom the petition was transferred to ensure that the information was furnished to the complainant within the time specified under section 7 of the RTI, Act.

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.

Hearing was fixed today to give reasonable opportunity to the SPIO of Welfare of Minority. Development Department to explain why penal action under section 20 of the RTI Act, 2005 should not be taken against him for the delay caused in transferring the petition of the complainant. The Commission also wanted to hear the Secretary of the Welfare of Minority Development Department about the action taken against the dealing assistants for the delay.

Submission of the SPIO and the Public Authority
Md. Jakir Hussain, SPIO submitted a written explanation to the Commission. He also submitted verbally before the Commission that the delay in transferring the petition of the complainant to the Education Department was caused due to his absence from headquarters, as he had to leave the headquarters due to serious illness of his son. He however marked the letter of the Political Department along with the RTI petition of the complainant to Md. Tohid Ali, Jr. AA of the Department. He apologized for the unintentional delay caused in transferring the RTI Application to the Education Department and requested the Commission to pardon him for the same. He assured that this type of delay would not occur in future in the matters relating the to RTI. He expressed his regret that the matter was kept pending by the Assistant. He also stated that although he endorsed the RTI application to Md. Tohid Ali, he instead of dealing with the matter endorsed it to Md. Mosraf Hussain, Sr.AA of the department. He informed the Commission that the Education (Higher) Department had already furnished a reply to the complainant.

The Joint Secretary of the Minorities Welfare & Development Department submitted before the Commission that the Secretary of the Department was outside of the State on tour and he was authorized to represent him (Secretary) in this case. He submitted that the matter as enquired into by the Department and show cause notices were issued to Md. Mosraf Hussain, Sr. AA and Md. Tohid Ali, Jr.AA of the department. Their replies along with show cause notices were sent to the Administrative Department i.e. Secretary, Secretariat Administration Department for taking necessary action from their end. He also assured that such delay would not occur in future.

Observation of the Commission
On perusal of the written explanation of the SPIO of Welfare of Minority Development Department regarding the delay caused by him in transferring the petition of the complainant to the Education Department and on hearing him, the Commission observed that the delay caused was partly due to the absence of the SPIO on leave. He marked the letter of the Political Department enclosing the RTI petition of the complainant to the dealing assistant and the concerned assistant did not take any action on it. The Welfare of Minority Development Department had already forwarded the show cause notices issued to Md. Mosraf Hussain, Sr. AA and Md. Tohid Ali, Jr. AA who did not attend this RTI matter in time as well as their replies to the Secretariat Administration Department for initiating departmental action against them. Thus the Department had initiated departmental action against the concerned assistants. However, the Commission observed that under section 6 (3) of the Act, the transfer of an application for information which is held by another public authority shall be made as soon as practicable but in no case later than five days from the date of receipt. In this case the SPIO did not transfer the application on the day of receipt. Instead he endorsed the application to an Assistant and left the office without informing his superior officer about the pendency of the time bound application. This reflects badly on the SPIO. However, the Commission found that he had to leave office in an emergent situation and there was no deliberate attempt on his part to cause delay.

The Commission further observed that the RTI applications are being dealt in a casual manner like endorsing the applications received by the SPIO to the dealing assistants without keeping any record. As such the SPIO is not in a position to know whether the applications received by him and endorsed to the Assistants are put up to him promptly or not. The SPIO should have maintained record of receipt and disposal of RTI applications which he did not. The Secretary of the department should streamline the system of disposal of RTI matters to ensure that such matters are dealt promptly and not left to the discretion of the dealing assistants for disposing the same and there no harassment caused to the public seeking information.

Decision of the Commission
The Commission on perusal of the documents and the written explanation as well as the verbal submission of the SPIO decided to accept the apology tendered by him for the delay caused in transferring the RTI application of the complainant to the Education (Higher) Department and decided not to impose any penalty on him.

The Commission also found that the Welfare of Minority Development Department had initiated disciplinary action against the two dealing assistants who were prima-facie found responsible for the delay. Hence the Commission decided to direct the Secretary, Welfare of Minority Development Department to intimate the result of the departmental proceedings initiated by him.

The Commission decided to direct the Secretary, Welfare of Minority Development Department to streamline the system of disposal of RTI applications in his office so that no delay takes place in disposal of such applications in future.

With these directions the Commission decided to close this case.

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


Secretary
State Information Commission, Assam