Dated 06-09-2007
Name of the Complainant:
Md. Osman Ali
S/o. Md. Bajal Haque, Vill- Burigaon
P.O & PS. Dalgaon, Dist- Darrang.
Name of the Public Authority:
Deputy Commissioner, Darrang.
The following were present:
1. Sri S.K. Nath
D.C. Darrang
2. Shri P.C. Bhattracharyya,
PIO (I) DC’s office Darrang
3. Shri D.J. Dey
PIO(II) DC’s office Darrang
4. Md. Osman Ali
5. Md. Arab Ali
6. Md Najimul Hague Ch.
The complainant along with two others present. The Deputy Commissioner, Darrang, the ADC & SPIO of the office of the D.C Darrang and the SDO(S) & SPIO of the office of the DC, Darrang present.
Brief of the case
On 8.6.2007 Md. Osman Ali of Burigaon submitted a petition under the Right to Information Act, 2005 seeking information relating to Bahabari Samabai Samittee. The information sought for by him were as follows:
1. How many BPL and AAY cards for rice were issued by Kharupatia Bahabari Samabai Samittee? How many BPL & AAY cards are allotted to each dealer? Names of the beneficiaries with the photocopies of the cards be furnished.
2. How much rice was allotted monthly under BPL & AAY schemes for the last 5 years in the said samittee? Was the rice lifted? Furnished copies of the lifting books. Are the dealers distributing the commodities amongst the public? If so furnished the list of monthly distribution of rice.
3. During the last 5 years how much sugar, atta, APL & Additional APL rice were distributed by the samabai samittee? Furnish the copies of the monthly allotment of the Samittee. Did the Samittee lift these articles? If so furnish monthly distribution list for these commodities.
4. How much kerosene oil was supplied monthly through this Samabai Samittee? Furnish copies. During the last 5 years how much kerosene oil was lifted? Did the dealers of kerosene oil lift kerosene oil allotted to them? If lifted furnish copies of the lifting books. Was the kerosene oil lifted distributed amongst the public? Please furnish monthly distribution list.
On receipt of the application by the PIO of the DC’s office, Darrang the same was sent to the Superintendent, Food & Civil Supplies, Mangaldoi on 11.6.07 who reported to the PIO of the DC’s office, Darrang that the total number of pages for photocopying would be around 25,000 and the total cost involved was assessed at Rs. 50,000/-. The PIO of the DC’s Office informed Md. Ali that he would have to deposit Rs. 50,000/- and as the matter involved deposit of huge amount of money he was asked to intimate his consent to deposit the said amount. Alternatively he was asked to inspect the records. In the meantime the petitioner submitted a petition on 3.7.07 to the Chief Information Commissioner stating that as he belonged to BPL family the information should be furnished to him free of charge. He enclosed a copy of certificate issued by Bahabari Gaon Panchayat Secretary regarding his BPL status. The Secretary of the Commission forwarded this application to the Deputy Commissioner, Darrang asking him to provide information to the petitioner free of cost under the provision of Section 7 (5) of the RTI Act if the petitioner actually was of BPL category.
On 16.8.07 Md. Ali complained to the Chief Information Commissioner that the PIO of the DC’s office Darrang had charged Rs. 50,000/- from him vide his letter dated 2.7.07 and thereafter he (PIO) had charged again Rs. 60,000/- from him for the said information. The Commission decided to take complaint case in this regard. Hence this case.
Submission of the parties
The complainant reiterated his submission that he should be provided the information free of cost as he was of BPL category as certified by the Secretary of his Gaon Panchayat and endorsed by the Block Development Officer concerned. But the PIO of the DC’s office did not furnish him the information and informed him that it would not be furnished free of charge and he had to deposit Rs. 50,000/- for it. He submitted before the Commission that he had also furnished a copy of the certificate issued by the Secretary of Bahabari Gaon Panchayat countersigned by the Block Development Officer, Dalgaon Sialmari Development Block and hence he was entitled to the information free of charge. He submitted before the Commission that in one letter the cost of furnishing information was assessed as Rs. 50,000/-, later on he was informed that he was to deposit Rs. 60,000/- for the same information.
The Deputy Commissioner, Darrang submitted before the Commission that there was no delay in the matter of disposal of the petition for information of Md. Ali and the SPIO of his office informed him vide his letter dated 8.7.07 that he (petitioner) was to deposit Rs. 50,000/- being the cost for preparation of related documents as per Government Notification No. AR-78/2005/142 dated 2.1.2006.
Then on 27.7.07 a letter was received by him from the Secretary of the Assam Information Commission asking him to provide the information free of cost if the petitioner belonged to BPL category. Accordingly the PD, DRDA, Darrang, Mangaldai, the Superintendent of Food and Civil Supplies, Mangaldai and the Block Development Officer, Dalgaon were requested to inform whether the petitioner belonged to BPL category. The petitioner was however given a chance to inspect them and to take notes in view of the huge number of documents to be photocopied which would adversely divert the resources of his office.
On 3.8.07 Md. Ali filed an application that no purpose would be served by inspection of documents and he should be provided with the photocopies of the required documents. On 7.8.07 a letter was received from the PD, DRDA Darrang informing him (D.C) that the name of the petitioner appeared in the BPL survey list conducted in 2002. Further on 9.8.07 the Superintendent of Food and Civil Supplies, Mangaldai reported that the petitioner was not a BPL or AAY FI card holder. Moreover the petitioner did not produce any BPL and AAY FI card to the SPIO of his office.
The SPIO of DC’s Office Darrang submitted that there was a mistake in informing Md. Ali that the cost of photocopying was Rs. 60,000/-. In-fact it was Md. Osman Ghani of the same village who was to be informed about this cost for furnishing information to his petition but his office incorrectly addressed the letter to Md. Osman Ali. The SPIO submitted that it was a mistake and he apologized for it. So far as this petitioner was concerned the cost of the photocopy was assessed at Rs. 50,000/-
Observation of the Commission
The Commission observed that the report of the PD, DRDA as well as of the BDO clearly confirmed the BPL status of the petitioner and as such as per section 7 (5)of the Act, no fee should be charged on such persons living below poverty line. It is immaterial whether the government issued a BPL or AAY FI card to the complainant or not as the government practice is to issue such cards to all persons living below poverty line as per the target set for each year. The Deputy Commissioner, Darrang understood the position of fact & law in this regard and agreed to furnish 100 photocopied sheets of information to the complainant free of charge. He expressed inability to furnish 25000 photocopied sheets as it would cost at-least Rs.50,000/- and it would adversely affect the resources of his office. He however agreed that the complainant could take notes of the documents which were ready for inspection and as such notes would be certified by the officer of his office.
The Commission agreed with the view and treated it as case falling under Section 7 (9) of the RTI Act, 2005.
Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the case decided to issue the following directions:
1. The SPIO of DC’s office should furnish 100 photocopied sheets of documents sought for by the complainant free of charge as the complainant was of BPL category and also there had been delay in furnishing the information despite the direction from the Commission.
2. The SPIO of DC’s office should allow the complainant to inspect the documents already collected and compiled by him in presence of the officer of the DC’s office Darrang and allow photocopying the documents as selected by him at his own expense and arrangement in presence of an officer of DC’s office.
3. This process of furnishing information should be completed by 30.9.07.
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, Darrang.
2. The ADC & SPIO (I) of the office of the Deputy Commissioner, Darrang, Mangaldai.
3. The SDO (C) & SPIO (II) of the office of the Deputy Commissioner, Darrang, Mangaldai
4. Md. Osman Ali, Son of Md Bajal Haque, Village- Burigaon, PO & PS Dalgaon, Dist Darrang.
5. DIPR, Assam.
6. MD, AMTRON.
7. Office File
Secretary
State Information Commission, Assam