Dated 27-07-2007

Name of the Complainant:
Sri Padmadhar Das
C/o. Dr. K. Kalita, Bishnu Rava Path
Beltola, House No 21, Guwahati - 2

Name of the Public Authority/SPIO:
Social Welfare Department

The following were present:
1. Shri D.K. Pegu, Jt. Director & PIO
Social Welfare Deptt. - Public Authority

The complainant absent. Sri D.K. Pugu, Joint Director & PIO of Social Welfare Department present.

Brief of the case
On 21.6.06 a complaint petition under section 18 (1) of the RTI Act was received by the Commission from Shri Padma Dhar Das of Beltola, Guwahati in which he submitted that the PIO of the Directorate of Social Welfare Department did not furnish him information and instead transferred his application to the District Social Welfare Officer who is his subordinate officer on 12.6.07. He also submitted in his petition that on 13.6.07 the same application was transferred to the Public Information Officer, Directorate of Panchayat & Rural Development, Assam although the information sought for did not relate to the Panchayat Department. He alleged that the Public Information Officer of the Directorate of Social Welfare Development was not at all interested to furnish information. The information sought for are as follows:

1. What are the ICDS project, where food items to the Anganwadi Centers for the year 2006-07 under SNP supplied by the District Physically Handicapped \ Welfare Association, Goroimari Dist Kamrup, Assam
2. Furnish name & address of the office bearers and members and balance sheet for last 3 (three) years.
3. Details about NOAP schemes under the District Physically Handicapped Association, Goroimari.

Submission by the PIO of Directorate of Social Welfare Deptt.
Shri D.K. Pegu, Joint Director & the PIO of Social Welfare Department, who was present during the hearing today submitted that copies of the petitions were transferred to the District Social Welfare Officer, Kamrup and to the Public Information Officer of the Directorate of Panchayat & Rural Development, Assam as points 1 & 2 of the petition related to the matter dealt by the District Social Welfare Officer, Kamrup as he was designated as PIO of his office. Point No.3 of the petition related to National Old Age Pension, which was dealt by the Directorate of Panchayat & Rural Development, Assam. As such he was justified in transferring the petition under section 6(3) of the RTI Act, 2005. However, he did not bring a copy of the notification designating the District Social Welfare Officer, Kamrup as the PIO of the office of the District Social Welfare Officer, Kamrup.

He further submitted that the District Social Welfare Officer, Kamrup had already furnished the required information to the petitioner vide his letter dated 26.6.07. He also submitted that he would send a copy of the notification designating the District Social Welfare Officer, Kamrup as SPIO of his office urgently to the Commission. He further submitted that he had received communication from the SPIO of the Directorate of Panchayat and. Rural Development Assam that the point no. 3 did not relate to their department.

Observation of the Commission
The Commission on perusal of the records observed that on receipt of the application of Sri Das by the SPIO of the Directorate of Social Welfare, Assam two options were open to him. Firstly he could have collected the information from the office of District Social Welfare Officer, Kamrup pertaining to the points 1 and 2 of the petition of Shri Das. Secondly if the District Social Welfare Officer, Kamrup was actually designated as the SPIO of his office he could transfer the petition under section 6(3) of the RTI Act, 2005. In this Case Shri Pegu, SPIO of the Directorate of Social Welfare Department submitted that he chose the second option as the District Social Welfare Officer, Kamrup was designated as SPIO of his office. He transferred a copy of the petition to the SPIO of the Directorate of Panchayat & Rural Development, Assam as he thought that the matter related to Panchayat and Rural Development Department.

Decision of the Commission
As the information on points 1 & 2 had already been furnished to the petitioner the Commission did not deem it necessary to issue further direction on these. However the petitioner is free to file appeal under section 19 (i) of the RTI Act, 2005 to the First Appellate Authority i.e. the Director, Social Welfare if he is not satisfied with the information given to him.

The Commission agreed with the SPIO of the Directorate of Social Welfare that point no 3 related to the Zilla Parishad, Kamrup which is under the Department of Panchayat & Rural Development. The Commission therefore directed the SPIO to severe that part of the information under section 10 (i) of the Act and transfer it to the Zilla Parishad, Kamrup under section 6 (3) of the Act for furnishing information to the petitioner. A copy of the letter transferring that part of the petition should be endorsed to the petitioner also.

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. The Director, Social Welfare Department, Assam
2. The Director, Panchayat & Rural Development Department, Assam.
3. The SPIO of the Directorate of Social Welfare Department, Assam
4. The SPIO of the Directorate of R&RD, Assam
5. Sri Padmadhar Das, C/o. Dr. K Kalita, Bishnu Rava Path, Ghy-28.
6. The DIPR, Dispur, Guwahati.
7. MD, AMTRON, Bamunimaidan
8. Office file. Copy of this judgement will also placed in the file No. SIC. 144/2007


Secretary
State Information Commission, Assam