Dated 09-08-2007
Name of the Complainant:
Shri Prasanta Sekhar Deka, Advocate Gauhati High Court
4/Bye Lane No.5, New Sarania,Guwahati – 3
Name of the Public Authority /SPIO
Registrar Cooperative Societies, Assam
The following were present:
1. Shri J.I. Kathar, IAS, Registrar, Cooperative Societies
2. Shri H K Gayan, Dy. Registrar Cooperative Societies
3. Shri Prasanta Sekhar Deka
Brief of the case
Shri Prasanta Sekhar Deka, Advocate, Gauhati High Court submitted a complaint
on 7.7.07 before the Chief Information Commissioner stating that he had. sent
his clerk to the office of the Registrar, Cooperative Societies first on 16.6.07
and again on 18.6.07 to submit a petition under the RTI Act, 2005. On both the
occasions the petition was not accepted on the ground that there was no SPIO
or any notified officers to accept the RTI petition.
In the complaint Shri Deka made a personal reference that his clerk met Smt
Juri Phukan, Additional Regis1rar of Cooperative Societies (Administration)
as she was the senior most officer in the concerned office on 18.6.07 and gave
the petition to her but she refused to accept the petition stating that it was
not in the standard' format. She gave two photostat copies of a format to his
clerk for submission of the petition
The information sought by him was:
1. Sub-division wise name and address of the Cooperative Societies where ad-hoc
Managing Bodies are functioning in place of elected Managing Bodies, as required
by the respective bye laws and / or statute, as on 10th June, 2007 including
the nature of such ad-hoc bodies - whether it is one-man ad-hoc Managing Body
under a Government officer or it is a Government made public ad-hoc Managing
Body.
2. If such ad-hoc Managing Bodies exist, whether they are constituted and /
or are approved by the Registrar of Cooperative Societies, Government of Assam
indicating the dates of such order of approval? If any such proposal forwarded
by the Registrar to Government and which is pending sanction, details be furnished.
The period to which the information sought: from 1st April, 2004 to 10th June,
2007
3. Information be furnished regarding period of office of such ad-hoc Managing
Bodies of the respective Cooperative Societies indicating the date of last Annual
General Meeting and reason for not holding election.
The period to which the information relates: from 1st April, 2004 to 10th June,
2007
4. Details of the action taken by the Registrar of Cooperative Societies, Assam
to ensure compliance, both letter and spirit, of respective bye-laws as well
as statutory laws governing functioning of such Cooperative Societies generally
and specifically in terms of holding regular elections.
The period to which the information relates: from 1st April, 2004 to 10th June,
2007
Submission of the parties
The complainant submitted that there was absolutely no one in the office of
the Registrar, Cooperative Societies to accept the petition or to guide the
petitioner to enable him to submit the petition. The SPIO was not available
on both 16th and 18th June 2007 and there was no indication anywhere in that
office as to whom the petition on RTI Act would be submitted. The Additional
Registrar, Cooperative Societies Smt Juri Phukan was the senior most officer
in the office on 18.6.07 and when his clerk went there to submit his petition
but she refused to accept it. She gave two photostat copies of the standard
format and directed the clerk to submit the petition in the format.
The complainant also mentioned that in the format itself it was clearly written
at the bottom that it was only a guideline and the request for information can
be made in the plain paper under the RTI Act. He expressed surprise that a Senior
officer in the Registrar of Cooperative Societies was not aware of the provision
of the Act.
The Registrar, Cooperative Societies stated that he did not get the petition
of the complainant in his office. It was only when the Commission issued him
a notice for appearance which he received on 6.8.07 that he found that a copy
of the application which was attached with the notice. He stated that he was
not aware that the petitioner could not submit the petition in his office and
regretted that it had happened in his office. The Registrar, Cooperative Societies
requested for time to collect the information as he had received the petition
only on 6.8.07.
The SPIO mentioned that he had been designated as SPIO only in July, 2007 and
he did not know the incidence prior to that.
Observation of the Commission
The Commission expressed its unhappiness with the functioning of the office
of the Registrar, Cooperative Societies in matters of implementation of the
RTI Act 2005. The Registrar was reminded that in his earlier appearance before
the Commission in another case he was asked to streamline the implementation
of the RTI Act in his organization and to put up signboard prominently in the
office showing the names of the SPIOs / ASPIOs and the names of the other officers
to whom applications on RTI Act would be submitted and the mode of payment of
application fees. These directions had not obviously been implemented by the
Public Authority.
It was obviously a case of harassment of the petitioner who had, by deputing
his clerk, tried to submit a petition seeking information from the Public Authority.
The Commission would like to make it clear that in absence of the SPIO or the
notified officers to receive the petition from the public under the RTI Act
the Head of the office / Public authority would be deemed to be the SPIO with
all the consequences.
Order of the Commission
The Commission made the following orders requiring the Registrar, Cooperative
Societies under section 19 (8) (a) of the Act to :
(i) furnish the information to the complainant by 11.9.2007,
(ii) conduct enquiry why the petition was not accepted in his office on 16.6.07
and 18.6.07 and submit the enquiry report on the next date of hearing fixed
pointing the responsibility for refusing to accept the petition,
(iii) make written statement at the time of next hearing why penalty under section
18(1) of the Act should not be imposed on the officers responsible for refusing
to accept the application,
(iv) put up signboard in his office prominently showing the names of the SPIOs/
ASPIOs and other officers to whom the application under the RTI Act could be
submitted along with mode of payment of the application fees,
(v) attend the next hearing along with the officers responsible for refusal
of the application and the SPIO.
The Commission deferred the decision to impose penalty for failure to furnish
information but made it clear that it would start from 12th September, 2007
if there was noncompliance with these orders. The case is posted for the final
hearing on 11.9.07 at 11.30 AM. The Secretary of the Commission to issue notice
to the parties concerned.
Sd/- (R.S. Mooshahary)
Chief Information Commissioner, Assam
Janata Bhawan, Dispur.
Authenticated true copy
(Jiauddin Ahmed)
Secretary, State Information Commission, Assam
Janata Bhawan, Dispur.
CC:
1. The Registrar, Cooperative Societies, Assam.
2. The Dy. Registrar, Cooperative Societies, Assam
3. Shri Prasanta Sekhar Deka, Advocate, Gauhati High Court
4. The DIPR, Dispur, Guwahati.
5. MD, AMTRON, Bamunimaidan
6. Office file.
Secretary
State Information Commission, Assam