Dated 26-07-2007
Name of the Complainant:
Sri Dilip Kumar Paul
Vill & P.O. Sapatgram Pt.1 Dist- Dhubri
Name of the Public Authority / SPIO:
Sapatgram Town Committee
The following were present:
1. Sri Dilip Kumar Paul
2. Shri Ashim Ch. Sarkar for Chairman, Sapatgram Town Committee
The complainant present. The Chairman, Sapatgram Town Committee, Sapatgram submitted
a petition before the Commission that his present health condition made him
unable to attend the hearing and requested the Commission to fix another date
for hearing. The Commission accepted the reason of absence of the Chairman,
Sapatgram Town Committee.
Brief of the case
The Commission in its hearing of this case on 29.6.07 considered the complainant
who claimed that the cost charged by the Town Committee was unreasonably high
and not as per prescribed rules framed under the RTI Act 2005 and decided to
direct as follows:
(i) the Chairman, Sapatgram Town Committee to explain why penalty as proposed
under section 20 (1) of the RTI Act 2005 should not be imposed on him for not
furnishing the information within the time limit stipulated by the Act till
the information is furnished @ Rs. 250/- per day up to the total amount of Rs.
25000/-.
(ii) the Director of Municipal Administration, Assam to conduct an inquiry under
section 19(8)(a) as to on what basis the Vice Chairman of Sapatgram Town Committee
calculated the cost of the information to be paid by the petitioner which is
in contravention of the rules framed by the State Government in this subject
and take appropriate corrective measures.
(iii) to designate each Chairperson of the Town Committees/ Municipalities of
the state as the State Public Information Office for smooth implementation of
the RTI Act in the State. He is also advised that he himself should be the Appellate
Authority under section 19(1) in matters of the decision taken by the SPIOs
of Town Committees / Municipalities.
(iv) the Sapatgram Town Committee to compensate the complainant for the loss
/ detriment suffered by him under section 19 (8) (b) of the RTI Act 2005. The
Town Committee will explain why the Commission should not award an appropriate
amount as compensation to the petitioner by the next date of hearing.
Submission of the complainant
The complainant submitted that he was unnecessarily harassed as the Vice Chairman
of the Town Committee was very much present in his office and could have attended
the hearing. He however acknowledged the fact that the Chairman of the Town
Committee was ill.
Observation of the Commission
The Commission observed the Director of Municipal Administration, Assam who
was required by the Commission to conduct an inquiry under section 19(8)(a)
of the RTI Act, 2005 as to on what basis the Vice Chairman of Sapatgram Town
Committee calculated the cost of the information to be paid by the petitioner
which is in contravention of the rules framed by the State Government in this
subject and take appropriate corrective measures. The Director, Municipal Administration,
Assam was also directed to designate each Chairperson of the Town Committees/
Municipalities of the state as the State Public Information Officer under section
5(1) of R TI Act for smooth implementation of the Act in the State and to designate
himself as the First Appellate Authority under section 19(1) in matters of the
decision taken by the SPIOs of Town Committees / Municipalities.
Further in another case of similar nature relating to the petition Md. A.N.
Al Faruque, the Commission asked the Commissioner & Secretary, Urban Development
Department, Government of Assam to dispose the petition of Md. Faruque as an
appeal under section 19 (1) of the RTI Act vide letter No. SIC.114/2007/22 dated
4.7.07. However it is seen, on perusal of the letter of the Under Secretary
& SPIO of the UDD, Government of Assam, in the said case that the Deputy
Commissioner, Dhubri was requested to take appropriate steps promptly to direct
the Chairperson, Dhubri Municipal Board for furnishing the information relating
to the Dhubri Municipal Board to Md. A. N. Faruque after observing all formalities.
This throws up a question as to who is the First Appellate Authority in the
case of Town Committees / Municipalities and who is the SPIO of Town Committees
and Municipalities. The Commission had already directed in this instant case
the Director of
Municipal Administration, Assam to designate each Chairperson of the Town Committees/
Municipalities of the state as the State Public Information Officer for smooth
implementation of the RTI Act in the State and designate himself as the First
Appellate Authority. It appears the Commissioner & Secretary, UDD, Government
of Assam was not aware of this order and hence he sent the petition sent to
him by the Commission to the D.C. Dhubri district for directing the Chairman
of Dhubri Municipal Board to furnish the information to the petitioner.
Decision of the Commission
The Commission reiterated its decision under section 19(8) (a) that the Director,
Municipal Administration, Assam should designate himself as the First Appellate
Authority for all the Town Committees and Municipalities of the State and notify
each Chairperson of the Town Committees / Municipalities of the State as SPIO.
The Commission directed the Commissioner & Secretary, UDD, Government of
Assam and the Director of Municipal Administration, Assam to take immediate
step in this regard and to send a compliance report to the Commission by 10.8.07.
The Commission further directed the Chairman / Vice Chairman of the Sapatgram
Town Committee, Sapatgram in the district of Dhubri to be present on the next
date fixed.
The Commission also decided under section 18(3)(a) to issue summon to the Commissioner
& Secretary, UDD, Government of Assam and the Director, Municipal Administration,
Assam to attend the hearing on that date. However in view of the difficulties
expressed by complainant that he was facing pecuniary difficulties in attending
the hearing the Commission decided to dispense with the presence of the complainant
on the next date. However in case he feels the he must be present in that hearing
be is free to do so.
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 Commissioner & Secretary, UDD, Government of Assam, Dispur
2. The Director, Municipal Administration, Assam, Guwahati.
3. The Chairman, Sapatgram Town Committee, Sapatgram, Dist Dhubri
4. The Vice-Chairman, Sapatgram Town Committee, Sapatgram, Dist- Dhubri
5. Sri Dilip Kumar Paul, Vill & P.O. Sapatgram Pt. 1, Dist - Dhubri, Assam.
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