The application dated 6.7.06 submitted by Sri Umesh Chandra Kar, Kalyannagar Maligaon was transferred under section 6(3) (1) of the Right to Information Act 2005 to the Chairman, Assam State Electricity Board, Bijuli Bhawan, Paltanbazar, Guwahati for furnishing information to the petitioner by the State Public Information Officer designated under section 5 (1) of the RTI Act, 2005 with a direction that the information. as sought for by Sri Kar be furnished to him within the time limit prescribed under section 7 of the said Act. In the said application Sri Kar wanted the following information from the Assam State Electricity Board:

(1) How much amount was spent under the MLA LAD scheme for the electrification of Kalyannagar, Maligaon.

(2) Whether a cheque bearing No. 140561 dated 5.7.04 amounting to Rs. 2,47,465/(Rupees two lakhs forty seven thousand four hundred sixty five) only issued in favour of C.E.O. of GEC II, ASEB for MLA deposit work was received by the
aforesaid department.

A complaint was received from Sri Kar on 18.8.06 by the Commission wherein
it was stated that Sri Kar did not receive the above information from the ASEB after lapse of a month.

Accordingly a notice Under Section 18 (2) of RTI Act, 2005 was issued to the Chairman, ASEB, Guwahati on 22.8.06 asking the State Public Information Officer, ASEB or in his absence the Chairman, ASEB to appear at the Commission's office on 15.9.06 at 11.30 AM with all concerned details / records.

The complainant Sri Kar along with another person Sri Bhagya Mal Deka of his locality appeared before the Commission.

The Commission heard the complainant. The Commission also heard Shri Tamal Kanti Bose, Chief Engineer (D), LAEDCL, Bijulee Bhawan, Guwahati who is the Public Information Officer of ASEB. The Commission then heard Shri Champak Baruah, CEO, GEC-II, ASEB and Public Information Officer and Shri Z.M. Hoque, Secretary, ASEB.

Shri Bose, Chief Engineer (D) and Public Information Officer, ASEB submitted that he had already furnished the information to the petitioner in reply to his petition dated 10.5.06 vide his letter dated 8.6.06. The Chief Engineer further submitted that he had furnished the information in response to the letter of Sri Kar addressed to the State Information Commissioner, Dispur dated 18.8.06 vide his letter dated 9.9.06.

The complainant submitted that he had not received the letter dated 9.9.06 from the Chief Engineer (D), ASEB. The complainant however agreed that he had received the reply of the Chief Engineer (D), Lower Assam Division, ASEB dated 8.6.06.

The complainant submitted that Kalyannagar Baidyutikaran Samiti collected about Rs. 5,00,0001- from the households of Kalyannagar for electrification. He wanted a specific reply from ASEB whether they were in receipt of that amount from the Kalyannagar Baidyutikaran Samiti.

The Chief Engineer (D), ASEB & Public Information Officer produced a letter dated 21.2.04 from Sri Hemanta Talukdar, the then MLA of the constituency wherein it was written that the MLA would bear Rs. 1.5 lakhs from his own MLA Local Area Development fund and the rest would be provided from the other sources or in terms of materials. He also produced receipts of cheques of Rs. 83,000/-, Rs. 20,191/- & Rs. 51,000/- received from the Deputy Commissioner, Kamrup, (M) for electrification of Kalyannagar. He thereafter produced one receipts for Rs. 2,45,035/- only paid by cheque as received from Shri Talukdar, the then MLA, 54 LAC, West Guwahati.

In his reply to the complainant Sri Kar the Chief Engineer (D) clearly mentioned that the amount of money spent under MLA LAD scheme for electrification of Kalyannagar area was Rs. 3,99,226/- . The fund for the work was received in installments as shown below:
(i) Rs. 2,45,035/- received vide Cheque No. 140561 dated 5.7.04
(ii) Rs. 83,000/- received vide cheque No. 323992 dated 14.12.04
(iii) Rs. 20,191/- received in cash on 10.2.05
(iv) Rs. 51,000/- received vide cheque No. 502291 dated 11.05.05.

The complainant wanted to know as to what happened to the amount collected by Kalyarulagar Baidyutikaran Samiti. It was explained to him by the Chief Engineer, ASEB that the ASEB was nowhere responsible for the activities of Kalyannagar Baidyutikaran Samiti. The complainant further stated that the ASEB was insisting to get no objection certificates from the Kalyannagar Baidyutikaran Samiti for electrification of the households. The Chief Engineer (D) categorically defined the charge. He stated that he was not aware of any no objection certificate issued by Kalyannagar Baidyutikaran Samiti informed that and such issuance of NOC by the Kalyannagar Baidyutikaran Samiti was illegal.

Decision of the Commission

The Commission after hearing both the parties found that the information wanted by the petitioner has been furnished by PIO. It was also explained to the petitioner that ASEB had no role in the collection of contribution from the residents. The petitioner was advised to check from the office bearers of the Samiti the amount collected and spent for electrification of the locality.

There was no doubt some delay in furnishing information to the petitioner. The Commission is overlooking this lapse in view of the sincerity shown by the ASEB in their efforts to comply with the direction of RTI Act. Nevertheless the Commission found it necessary to issue the following directions to facilitate implementation of RTI Act, 2005 by the ASEB.

(i) ASEB will designate APIOs U/S. 5 (2) of RTI Act, 2005 in all its offices across the state for receiving petitions from the public where the PIOs not available.

(ii)ASEB will display names of the PIOs & APIOs in prominent places in all its offices for benefit of the public.

(iii) ASEB will also display in the notice board the documents / fees required for electricity connection by the members of the public even though this information is already available in the application form itself.

(iv) ASEB will organize training / briefing of its officers on R TI Act and the commission will be willing to participate in such programmes.

(v) ASEB will comply with the requirements of section 4 (i) of RTI Act, 2005.

These directions will be complied with by the ASEB and report sent to the Commission by 5th October, 2006.

(R.S. Mooshahary)
Chief Information Commissioner, Assam
Janata Bhawan, Dispur.