Dated 27-08-2007

Name of the Complainant:
Sri Biswajit Banik
C/o. Sri Kamal Ojha
Barpeta, Bilartari Hati
P.O.& Dist. Barpeta -781301.

Name of the Public Authority:
D.C. Barpeta

The following were present:
1. Sri R.L. Duarah D.C. Barpeta
2. Shri P.K. Paul ADC & SPIO, Barpeta
3. Shri Manas Nath Circle Officer, Barpeta Circle - Public Authorities
4. Sri Biswajit Banik

The Complainant present. The Deputy Commissioner, Barpeta, the Additional Deputy Commissioner & SPIO and the Circle Officer, Barpeta Revenue Circle present.

Brief of the case
On 27.6.07 a petition under section 18(1) of the RTI Act, 2005 was received from Shri Biswajit Banik of Barpeta in which it was stated that he did not get the information in the way he wanted from the SPIO of D.C Office Barpeta. The information sought for are as follows:

i) In the mutation case no. 159 of Barpeta Revenue Circle in the office of Circle Officer, Barpeta initiated on 8.1.07 some approval was accorded by the Circle officer on 23.3.07. He wants the detailed progress up to date in the case.

ii) Names of the officers/staff along with their designation for not taking action on the order dated 23.3.07 in the said mutation case in the name of his late father.

iii) It was seen that mutation cases are completed within 1 to 2 months, but in this specific case it was not completed even within 5 to 6 months. Reasons thereof

iv) Were not the officers/ staff of the Circle Office Barpeta responsible for the delay and denying of mutation which caused mental harassment to the complainant?

v) When would the process of mutation be completed.

He wanted the information within 48 hours from the date of submission of his petition before the SPIO, D.C's Office, Barpeta as, according to him, it involved life and death question of his family members and of himself. Hence this case.

Submission of the parties:
The complainant stated the Circle Officer threatened him with dire consequences by way of registering police case against him, punish him with dismissal from Government service etc. He was also given duty in flood relief works although the employees of district office of Economic ana Statistics Assistant were generally given control room duties only. He was posted as a measure of harassment of the flood relief duties.

The complainant however, stated that he received information point wise but the dag no of the land of his father was wrongly quoted by the office of the Circle Officer as 199 while it should be 119. When he went to enquire from one employee of Circle Office, Barpeta the said assistant (Sri M M Das) demanded Rs. 300/- from him to inform him about the correct dag no. Hence he was compelled to submit another petitioner before the SPIO on 20.6.07 seeking for the case records of the said mutation case no 159/06-07 which he received from the SPIO timely.

The Deputy Commissioner, Barpeta submitted before the Commission that the complainant did not approach him about the so called harassment to him. He stated that he was posted in the flood relief duty in view of the serious flood which occurred during the period and there was no harassment caused to him, as other assistants of his office were also posted for flood relief duty by the Circle Officer, Barpeta Circle. It was not a fact that he was singled out for flood relief duty because he approached the SPIO of his office for some information under the RTI Act The information sought for by him was furnished on 6.6.07 i.e. within a week.

The SPIO of D.C's office Barpeta submitted before the Commission that he received the petition of the complainant for information under the RTI Act on 30.5.07 and he sought for the information from the Circle Officer Barpeta on the same date and the Circle Officer Barpeta furnished the information on the same date. He sent the information to the complainant on 6.6.07. However, there was a mistake in the dag no and later on when the complainant submitted another petition for case records of the mutation case no 159/06-07 it was correctly given. He submitted before the Commission that the complainant did not come to him or informed him about the mistake in the dag no. nor did he approach the 1st Appellate Authority i.e. the D.C. Barpeta by pointing out the mistake.

The Circle Officer, Barpeta submitted before the Commission that the complaint about harassment and threatening was baseless and false. He submitted that on receipt of the petition of the complainant on 30.5.07 from the ADC, Barpeta (SPIO) he immediately furnished information to the SPIO.

Observation of the Commission
The Commission observed that there was very prompt action on the petition submitted by the complainant Sri Banik on 30.5.07 as the information was collected by the SPIO on the same date and was furnished to the complainant within a week. There was a typographical error in the dag number but the Commission found that it was corrected later on when in response to the 2nd petition of the complainant the entire case record of the mutation case was given to the complainant.

The Commission however desired that the Deputy Commissioner, Barpeta should look into the matter of allegation of demanding money by one Assistant namely Sri M M Das of the Circle Office, Barpeta.

Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the case decided that there was no cause for complaint in this particular case and the information sought for by the complainant from the SPIO, DC's office Barpeta was furnished to him within a week. The typographical mistake which occurred in the reply was corrected later on. Hence the Commission decided not to proceed further on the complaint.

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 Deputy Commissioner, Barpeta.
2. The ADC & SPIO, Barpeta.
3. The Circle Officer, Barpeta Revenue Circle, Barpeta.
4. Shri Biswajit Banik, C/o. Sri Kamal Ojha, Barpeta, Bilartari Hati, P.O. & Dist Barpeta.
5. MD, AMTRON, Bamunimaidan.
6. The Director, Information & Public Relation, Dispur.
7. Office file.


Secretary
State Information Commission, Assam