PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. 222/2007

Dated 13-12-2007

Name of the Complainant:
Shri Mridul Alam

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

Brief of the case
The Commission vide its decision dated 07.11.07 in the complaint case No. 222/2007 (Shri Mridul Alam Vs. District Social Welfare Officer, Darrang) directed that the Director of Social Welfare, Assam should cause inquiry and report to the Commission to the factual position as to who received the first petition dated 7.4.2007 of the complainant in the office of the District Social Welfare, Darrang and report to the Commission the factual position. In his 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. The Commission directed the Director to submit the inquiry report to the Commission along with the explanation of the officer concerned by 7.12.07 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.

The Director, Social Welfare, Assam submitted the report of enquiry along with the explanation of the officer.

Observation by the Commission
On perusal of the report of the Director of Social Welfare, Assam, the Commission noted that the Director enquired into the matter in detail. He took a written statement from Shri N.K. Tamuli, Superintendent of Central Destitute Home, Silchar who was the District Social Welfare Officer, Darrang during the period.

The Commission considered the report of the Director, Social Welfare. Based on the report of the Director the Commission found that Shri N. Tamuli was responsible for not providing the information on time. He will be issued a show cause notice asking why penalty under section 20(1) of the RTI Act should not be imposed and realized from him at the rate of Rs. 250/- per day from 17.7.07 to 23.10.07 the date of receipt of the letter from the Commission to his handing over charge of the office of the District Social Welfare Officer.

Decision of the Commission
The Commission on careful consideration of the facts & circumstances of the case decided to :
  1. Issue a notice to Shri N. Tamuli to show cause why penalty under section 20(1) of the RTI Act should not be imposed and realized from him at the rate of Rs. 250/- per day from 17.7.07 to 23.10.07 the date of receipt of the letter from the Commission to his handing over charge of the office of the District Social Welfare Officer.
  2. He should submit his written reply to the show cause notice within a month.
  3. The Secretary of the Commission should place the file of the case with the reply of Shri Tamuli before to State Chief Information Commissioner on 21/1/08 for further orders.

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.

Memo No SIC.243/2007 Dated December 13, 2007

CC:
1. Shri H.N. Borah, ACS, Director, Social Welfare, Guwahatti.
2. Shri Hari Kanta Patar, Dist. Social Welfare Officer, Darrang.
3. Shri N.K. Tamuli, Superintendent, Central Destitute Home, Meharpur, Silchar (the then District Social Welfare Officer, Darrang)
4. Shri Mridul Alam, Ward No.2, Danial Path, Mongaldoi.
5. MD, AMTRON, Bamunimaidan.
6. The Director, Information & Public Relations, Dispur.
7. Office file.


Secretary
State Information Commission, Assam