Dated 24-07-2007
Name of the Complainant:
Smt Puneswari Dutta
W/o. Tholok Dutta (Freedom Fighter)
Vill. Bahadur chowk, Lakhimpur North Lakhimpur, Assam
Name of the Public Authority
DC, Lakhimpur
The following were present:
1. Shri Pramod Ch. Deka, SDO (Sadar) Lakhimpur & SPIO - Public Authority
2. Sri Lilambar Bora - Representative of the Complainant
Sri Lilambar Bora, son-in-law of the complainant present. Shri Pramod Ch Deka
SDO (S) of Lakhimpur who is also the SPIO of the office of DC Lakhimpur present.
Brief of the case
On 3.2.07, a petition was received from Smti Puneswari Dutta of North Lakhimpur
which was sent to the D.C. Lakhimpur on transfer u/s 6(3) of RTI Act 2005 by
the Secretary of the Commission with intimation to the petitioner. On 12.6.07
another petition was received by the Chief Information Commissioner on the same
subject in which she alleged that information as sought for by her had not been
furnished to her. Hence the Commission decided to take up a complaint case u/s.
18(2) of the Act and hear her complaint. The information sought for are as follows:
1. Under Azad Gaon Panchayat which families living below the poverty line received
dwelling houses under IAY scheme from 2000 till date along with names, addresses,
father/ husband's name.
2. Under Old Age Pension Scheme who received old age pension. Furnish list and
full addresses.
3. The petitioner applied for one time financial assistance of Rs. 10,000/-
as an old widow living below the poverty line before the Lakhimpur Mahkuma Parishad.
What action has been taken on her petition?
Submission of the parties
The complainant's son-in-law representing her submitted that she submitted the
petition to the D.C. Lakhimpur but till date she did not get any information.
The SDO (S), Lakhimpur who is the SPIO of DC's office stated that her petition
was endorsed to the Public Grievance Cell and the information was obtained from
the Chief Executive Officer, Lakhimpur Zilla Parishad on 5.3.07 But no information
was sent to the petitioner till date. He however stated that no enclosures were\there
with the forwarding letter of the CEO Lakhimpur Zilla Parishad. That was the
reason, he thought no reply was sent to the petitioner. Only on receipt of the
notice of the Commission the SPIO collected the information from the concerned
Gaon Panchayat and he was ready to hand over information today. He apologized
for the unintentional delay caused and assured that such delays would not occur
in future.
Observation of the Commission
The CEO, Lakhimpur Zilla Parishad furnished point wise report and the said reply
was entered in the Central Docket Register of Receipt Branch in Deputy Commissioner's
Office Lakhimpur, which was wrongly sent to the Development Branch of DC's office
Lakhimpur. However, on the same day the Development Branch sent the same to
the Public Grievance Cell which did not take any action.
The present SPIO came to learn about it only on receipt of the Commission's
notice asking for appearance of the DC, Lakhimpur and SPIO of his office in
the present case.
The Commission observed that the matter remained unattended for a long time
and this reflects a sorry state of affairs in the office of the DC, Lakhimpur
in dealing with the RTI applications / matters. The Deputy Commissioner's office
totally ignored the matter and later came up with the plea that there was no
enclosures with the letter of CEO Zilla Parishad. If that was the case, it was
the duty of the DC Lakhimpur to write back to the CEO, Zilla Parishad forthwith
and obtain the enclosures.
The Commission on perusal of the records and the submissions made by the representative
of the petitioner found that the petitioner is a poor widow of 76 years of age
living with her son-in-law and her application for financial assistance under
the various schemes of the Government like IAY and NOAP (National Old Age Pension)
schemes deserved attention of the Government. The Commission asked the representative
of the petitioner to get one application submitted by the petitioner before
the CEO, Zilla Parishad for benefits under the aforesaid schemes of the Government
and once it was submitted to the concerned authorities the concerned authorities
might like to examine her case and take necessary action as deemed fit and proper
and thereafter inform the petitioner about the action taken on her petition.
In case no action is taken by the authorities concerned, the petitioner might
feel free to have recourse to the provision of the RTI Act 2005.
Decision of the Commission
The Commission, on careful consideration of the facts and circumstances of the
case decided to direct the SPIO of the office of DC Lakhimpur to hand over the
information today itself.
As there was inexcusable delay in furnishing the information the commission,
decided to direct the DC Lakhimpur to submit an affidavit as to the circumstances
leading to the delay and clarify his stand. The Commission would decide the
matter as to whether any action is required to be taken under section 20 of
the Act after hearing the DC, Lakhimpur and after perusal of his affidavit.
The Commission further directed the D.C, Lakhimpur to streamline the system
of disposal of RTI applications and other matters connected therewith urgently
and put up signboards in prominent places of his office showing the names /
telephone numbers of the SPIOs / ASPIOs to whom the RTI applications are to
be submitted along with the procedure for acceptance of application fees in
cash / draft etc.
The next date of hearing was fixed on 21.8.07 at 11.30 A.M. to hear the DC,
Lakhimpur.
The complainant will not be required to attend. Notices be issued to the DC,
Lakhimpur.
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, Lakhimpur
2. The CEO, Zilla Parishad, Lakhimpur
3. The SDO(S) & SPIO of the DC's office Lakhimpur
4. Smt Puneswari Duitta, W/O. Tholok Duitta, Vill. Bahadur Chowk, Lakhimpur,
North Lakhimpur, Assam
5. MD, AMTRON, Bamunimaidan
6. The Director, Information & Public Relation, Dispur.
7. Office file.
Secretary
State Information Commission, Assam