PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. 267/2007

Dated 16-02-2008

Name of the Complainant:
Shri A.K. Rakshit
Vill & P.O Barama, N.H. Colony
Dist - Nalbari (Baksa) Assam

Name of the Public Authority / SPIO:
Director, Health Services, Assam

The following were present

  1. Dr. D. Hojai Director, Health Services
  2. Dr. M M Das, PIO Directorate of Health Services
  3. Shri A. K. Rakshit
  4. Shri Hirn Sarania
Brief of the case
On 21.6.07 a petition dated 15.6.07 was received from Shri Ajoy Kumar Rakshit of Barama, Nalbari (Baksa) district in which he stated that he requested the SPIO of the Director of Health Services, Assam to furnish him the photocopies of the Government letter, orders , records, note sheets of the File No. HSE/HC/98 in the case of reinstatement or re-engagement of Shri Raman Rajbongshi, Vaccinator vide his application dated 14.5.07 but he did not receive any information. That the petition was transferred to the Director, Hearth Services, Assam dated 24.7.07 under section 6(3) of the RTI Act, 2005 for furnishing information to the complainant.

Later the Commission received a copy of the letter on 2.11.07 from the PIO of the office of the Director of Health Services, Assam informing the petitioner that the requisite information was ready for onward transmission to him for which he had to pay Rs. 46/- as the cost and inform the SPIO whether the information is to be sent by post or he would collect it from the office. The SPIO also referred the matter to the Commission seeking advice and the Commission informed the SPIO that it was upto the petitioner to receive the information in the way he wanted after paying the fee. On 15.11.07, another petition was received by the Commission in which the petitioner complained that he did not get information.

Again on 27.12.07, another complaint was received from the petitioner regarding non receipt of information. Hence the Commission drew up a complaint proceeding on 18.1.08.

Submission of the parties
The complainant stated that he submitted his first application on 14.5.07 addressed to the SPIO of the Directorate of the Health & Family Welfare Department which was received by the SPIO on 15.5.07. Then he submitted second application on 15.6.07 directly to the Commission as he did not receive information within the stipulated time. Then he received a letter on 9.7.07 from the Additional Director Health Service asking him whether he wanted the information to be sent through post or he would collect it personally. When no information was received from the SPIO he sent another petition dated 13.11.07 to the Commission and hence the Commission was pleased to register a complaint case and issued notices to the Director Health Services and his SPIO on 18.1.08.

He stated that he wanted the entire record of the file No. HSE/HC/98 in respect of the reinstatement / reengagement of Shri Ramen Rajbongshi in the Vaccinator post. Narrating the reason for seeking the information, the complainant stated that Hon,ble Gauhati High Court in the year 1996 directed the Director Health Services Assam to consider the appointment of Shri Ramen Rajbongshi as he had worked for 330 days in the post of vaccinator. Then on 23.9.03 a speaking order was passed by the Director in which he stated that Shri Rajbongshi would be considered for appointment if any post of vaccinator would become available. But till today no appointment was made by the Directorate . He stated that Shri Rajbongshi was pursuing the matter of his appointment with the Directorate but to no avail. Hence he approached the Commission on behalf of Shri Rajbongshi to agitate the matter to get justice from the Government.

The SPIO of the Directorate of Health & Family Welfare stated that on receipt of the petition from the petitioner under the RTI Act he referred the matter to the concerned branch of the Directorate to furnish information as sought for by the petitioner but there was a delay of more than two weeks in getting information and as such he could inform the petitioner about the cost and asked him to clarify if he wanted to collect the information personally or to be sent by post. As he did not get any response from the petitioner nor did he deposit the cost, he did not take any action although the information was compiled by him and was ready. He stated that he addressed a letter the Secretary of the Commission on getting the transferred petition from the Commission on 25.9.07 informing the Commission that the information was ready for onward transmission to the petitioner but the petitioner had not yet deposited Rs. 46/-as the cost for information nor did he mention the mode of communication. The SPIO also stated that he was in receipt of the advice of the Commission in which it was stated that he could write to the petitioner to deposit the cost. He submitted before the Commission that there was no intention on his part to delay the matter and the delay of more than two weeks could not be avoided as the same was taken to collect and compile the same.

The complainant however submitted that the up-to-date position in the matter of appointment of Shri Rajbongshi was not clear from the submission made by the SPIO. The Director of Health Services Assam informed that he passed an order in the said file in the year 2006 asking the office to inform Shri Rajbongshi that the Director had already passed a speaking order and no appointment in the Grade of vaccinator was made since 2003 when the Joint Director passed the said speaking order. However he regretted that Shri Rajbongshi was not informed of the position. He further submitted that Shri Rajbongshi was already over-aged and as such it was difficult consider his prayer as he worked temporarily as vaccinator in the year 1982-83.

Observation of the Commission
The Commission found that the file No. . HSE/HC/98 was not upto date and this was the reason for the complainant to approach the Commission. The Commission was of the view that the delay in communicating the cost for information to the complainant was not without reason. Hence the Commission refrained from imposing penalty on the SPIO for this lapse. However the Commission expressed displeasure in the maintenance of the file as it was found unattended since 2006 and even after the receipt of the transferred petition from the Commission the file was not attended to.

Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the case decided as follows under section 19(8)(a) of the RTI Act, 2005:
  1. to direct the SPIO to furnish upto date and complete information free of cost to the complainant within 10 days of the date of this order.
  2. to let off the SPIO with a warning that no lapse in the matter of furnishing information as required under the RTI Act, 2005 would be excused in future.
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.

Memo No.SIC/290//2007 Dated February 16, 2008

CC:

  1. The Director, Health Services, Assam, Guwahati
  2. Shri A.K. Rakshit, Vill & P.O. Barama, N.H. Colony dist- Nalbari (Baksa) Assam
  3. The DIPR, Dispur, Guwahati.
  4. MD, AMTRON, Bamunimaidan
  5. Office file.
Secretary
State Information Commission, Assam