PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION
Case No. 226/2007
Dated 31-07-2007
Name of the Complainant:
Prof. N.K. Borah
Membeer, Bijoynagar Group, Housing Society Club Road
West Bongal Pukhuri, Jayanagar, Jorhat.
Name of the Public Authority /SPIO
Co-operation Department
The following were present:
1. Sri Anjan Bordoloye MD, Housefed
2. Sri Mrinal Saikia, Public Authorities
3. Prof N.K. Borah, Complainant
The complainant present. Shri Anjan Bordoloye, MD, Housefed along with the SPIO of his office present.
Brief of the case
On 12.06.07 a petition was received from Prof N.K. Borah of Jorhat in which he complained that the
Joint Registrar, Co-operative Societies, Jorhat did not furnish him any information in reply to his
petition dated 7.4.07 addressed to the SPIO of his office.
The information sought for were as follows:
1. The details of Housefed Loan of Rs. 24.75 lacs drawn by the Secretary Bijoynagar Co-op Group Housing Society (Regtd. No. J-46/91) Jorhat, against Project No.
8,3057 Jorhat Town Block No. 18 for 15 members drawn from Housefed vide. sanction No. HFS (L) 244/93-94 project VIII/134-A dated Guwahati the 14th April/96 of the M.D. Housefed which was misappropriated by the Secretary.
2. Utilization of the above loan amount for construction of the houses for 15 members under Group.
Housing Scheme.
3. Repayment of the misappropriated loan amount to the Housefed if any against the scheme in details.
4. As per undertaking dated 26.26.2001 the Secretary, were to refund the loan amount of Rs. 54,500.00
granted to him under project No.3 (9275) Chaudang Gaon, Mouza Chariabahi with interest by 31 st
Aug/2001 to Housefed, but as it is understood that the loan amount has not been refunded by the
Secretary till date. The loan amount has been escalated to more than 3 lacs by now. The loan amount
was misappropriated by the Secretary. Please furnish information of the matter.
5. Project-wise utilization of loan amount drawn by the Secretary of Bijoy Nagar Group Housing
Society in respect of 10 projects undertook by the Secretary of the Society.
Hence this case.
Submission of the parties
The complainant Prof. Borah submitted that he submitted a petition under the Right to Information Act,
2005 seeking information on five points on Bijoy Nagar Co-op Group Housing Society, Jorhat as stated
above but neither the Joint Registrar Co-op Societies, Jorhat nor his SPIO furnished him the required
information inspite of the fact that he applied for the information on 7.4.07.
The Managing Director, Housefed who was present along with the SPIO of his office submitted that from
his office he. had already furnished information to the petitioner, Prof. Borah. Prof Borah also
acknowledged receipt of the information. But the Joint Registrar, Co-op Societies, Jorhat was absent
without steps and without showing any cause for his absence. He, however set a letter to the Secretary
of the Commission stating that he asked the petitioner Prof. Borah to submit the application to the
Assistant Registrar of Coop Societies, Jorhat who exercises jurisdiction over the management of the
Bijoy Nagar Group Housing Society. He also requested him to attend the office at any date to discuss
his application as the documents relating to the said society are not available in his office but with
the Assistant Registrar of Co-op Societies, Jorhat. He wrote a letter dated 5.6.07 to attend his
office to discuss the matter.
He, however, furnished certain information regarding the society along with the copies of order of the
Hon'ble Gauhati High Court dated 16.9.03 in the Civil appeal WP 7055 of 2003; He clarified in his
letter to the Secretary of the Commission that the loans sanctioned to the Bijoy Nagar Group Housing
Society Ltd. and the process of utilization of the loans were known to the Housefed which sanctioned
the housing loan. He informed that the. Housefed sanctioned loans to the Society continuously without
field level inspections or approval from the local Assistant Registrar of Co-op Societies. At that
time, the Secretary of the Society filed a case before the Hon'ble Gauhati High Court. The Hon'ble
Gauhati High Court in WP(C) 7055/03 passed an order dated 16.9.06 that the order of the zonal Joint
Registrar Co-op. Societies directing the petitioner to produce documents to Shri Hridikamal Baruah,
Senior Inspector Cum Enquiry officer should remain stayed. He further informed that the Housefed filed
a case before the Hon'ble Gauhati High Court against this order and in that case, the Hon'ble Gauhati
High court directed the Chief Vigilance CommissIoner, Assam for enquiry into the matter. The Chief
Vigilance Commissioner, Assam communicated with the Secretary of the said society and directed him
to furnish information. He enclosed a copy of the letter of the Chief Vigilance Commissioner, Assam
addressed to the Secretary of the said society along with the report. He observed that any information
required by the petitioner had to be obtained from the Secretary of the Society or from the Assistant
Registrar Co-op. Societies, Jorhat.
Observation of the Commission
The Commission observed that the Zonal Joint Registrar Co-op. Societies, Jorhat has scant regard for
the Commission., nor does he have any knowledge of the provisions of the Right to Information Act,
2005. It is surprising that he could not collect the information from the Assistant Registrar Co-op.
Societies, Jorhat who is his subordinate. Alternatively, if he was not dealing with the subject and
the Assistant Registrar Co-op. Societies' Office has a separate Public Information Officer, he should
have transferred the petition of Prof. Borah under Sectionon 6(3) of the Act which he did not do. He
is wrong in directing the petitioner to go to his office to discuss the matter with him as there is no
provision undedhe RTI Act, 2005 for such discussion. Moreover, by asking the petitioner to come to
his office he had already taken the role of the Public Authority which had the information sought
for as he did not transfer the application under section 6 (3) of the Act.
The Commission however found that certain information was available in the letter of the Joint
Registrar addressed to the Secretary of the Commission which related to the information sought by the
complainant.
The Commission also found that some steps like criminal as well as Civil cases against the President
& the Secretary of the said Society could be taken by the Housefed Authorities on the basis of the
materials available with them & the complaint of the petitioner.
Decision of the Commission
i). The Commission, on careful consideration of the facts and circumstances of the case decided to
direct the Secretary of the Commission to hand over a copy of the letter of the Zonal Joint Registrar
Co-op Societies, Jorhat along with the enclosures to the complainant.
ii) Further, the Commission warned the Zonal Joint Registrar of Co-op Societies, Jorhat to be careful
in future in dealing with the RTI matters. He is required u/s. 19(8)(a) of the Act to make a
submission before the Commission why the Commission-should not proceed under section 19(8)(b) of
the Act and order him to, compensate the petitioner for the detriment suffered because of his
inaction. His submission should reach the Commission by 20.8.07
iii) The complainant might feel free to seek further, information from any public authorities in
this matter if required.
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.247/2007/15 dated July 31, 2007
CC:
1. The Managing Director, Housefed, Guwahati.
2. The Assistant Registrar, Co-operative Societies, Jorhat.
3. The Joint Registrar, Co-operative Societies, Jorhat.
4. The Zonal Joint Registrar, Co-operative Societies, Jorhat.
5. Prof. N.K. Borah, Member Bijoynagar Group Housing Society, Jorhat.
6. The DIPR, Dispur, Guwahati.
7. MD, AMTRON, Bamunimaidan
8. Office file.
Secretary
State Information Commission, Assam