Dated 07-11-2007

Name of the Complainant:
Shri Mridul Alam


Name of the Public Authority:
Shri H.N. Borah, ACS,
Director, Social Welfare, Guwahati

The following was present:
1. Shri R.N. Borah, ACS, Director, Social Welfare, Guwahati
2. Shri Hari Kanta Patar, Dist. Social Welfare Officer, Darrang, Mangaldoi

The petitioner was absent without intimation.

Brief of the case
The Commission received a letter on 19.6.2007 from the complainant stating that he submitted a petition to the District Social Welfare Department, Darrang, Mangaldoi on 7th April, 2007, but did not receive any response. That letter was transferred to the Dist. Social Welfare Officer, Darrang, Mangaldoi by the Commission on 6th July, 2007 for furnishing the information.

On 4.10.2007, the Commission again received a complaint from the petitioner stating that the information so far had not been furnished to him. The Commission accepted that complaint and issued notice to the Director of Social Welfare Department and the Dist. Social Welfare Officer, Darrang, Mangaldoi for an inquiry U/S.18(2) of the RTI Act, 2005 and fixed the date for hearing on 7.11.2007. Accordingly the notices were issued to the parties on 16.10.2007 for the hearing.

The information wanted by the complainant were:

(i) No. of Anganwadi Centres undertaken for new construction during the year 2004-05, 2005-06 & 2006-07 within the jurisdiction of Dist. Social Welfare Department, Darrang, Mangaldoi.

(ii) Total Centres in which construction had been completed and the Centres where it was still to be completed with the names ofthe Centres and the ICDS Project.

(iii) Name of the Officers and staff responsible for technical supervision and bill payment.

(iv) Detailed plan and estimate for construction of the Anganwadi Centres.

(v) Name of the construction firms or individuals along with the details of bill payment to them.

(vi) Specification of construction materials like cement, brick, iron bar etc.

Submission by the parties:
The Director of Social Welfare submitted that on receipt of the Commission's Notice dated 16.10.2007, he had directed his SPIO in the Directorate of Social Welfare to collect the information immediately. The information was accordingly collected and given to the complainant on 1st November, 2007 through a letter signed by the Joint Director of the Social Welfare Directorate.

The District Social Welfare Officer, Darrang, Mangaldoi submitted that there was no trace of the petition submitted by the complainant dated 7.4.2007 to the Dist. Social Welfare Officer, Darrang, Mangaldoi. He further mentioned that the petition of the complainant transferred by the Information Commission to the District Social Welfare Officer, Darrang vide letter No.SIC.243/2007/3 dated 6th July, 2007 was also not available in his office. He stated that he had joined there only in October, 2007 and therefore could not say who received these papers in absence of any record.

The Commission found that there was a failure on the part of the District Welfare Officer; Darrang, Mangaldoi to act on the petitions for which responsibility had to be fixed. As the District Social Welfare Officer at that time has since been transferred out to another district, the Commission wanted the Director of Social Welfare to cause an inquiry and report to the Commission the factual position. In the report, he should specifically mention as to who received the first petition dated 7.4.2007 and also the letter of the Commission dated 6th July, 2007 with the complaint of the petitioner dated 14.6.2007 which was enclosed therewith. In his report, the Director, Social Welfare should also append the explanation of the officer concerned.

Order of the Commission:
As the information has already been furnished to the petitioner, no further order on this was deemed necessary. However, the Director of Social Welfare would submit the enquiry report to the Commission along with the explanation of the officer concerned by 7th December, 2007 so that the Commission could decide whether action U/S.20 of the RTI Act would be necessary against the officer concerned for failure to provide the information in time.

Sd/- (Dr. B K Gohain)
State Information Commissioner, Assam
Janata Bhawan, Dispur.

Authenticated true copy
(Jaiuddin Ahmed)
Secretary, State Information Commission, Assam
Janata Bhawan, Dispur.

Memo No: SIC.243/2007/28 Dated November 07, 2007

CC:
1. Shri H.N. Borah, ACS, Director, Social Welfare, Guwahati.
2. Shri Hari Kanta Patar, Dist. Social Welfare Officer, Darrang.
3. Shri Mridul Alam, Ward No.2, Danial Path, Mongaldoi.
4. MD, AMTRON, Bamunimaidan.
5. The Director, Information & Public Relations, Dispur.
6. Office file.


Secretary, State Information Commission,
Assam, Janata Bhawan Dispur