Dated 16-08-2007

Name of the Complainant:
Shri Mali Ram Dutta
ViII. Kamar Gaon P.O. Dhakuakhana,
Dist. Lakhimpur

Name of the Public Authority:
PD, DRDA, Lakhimpur

The following were present:
1. Shri C.N. Pegu, P.D., DRDA, Lakhimpur
2. Shri Raj Kishore Doley, BDO, Dhakuakhana Block
3. Shri Atul Tamuli, APO(M), DRDA, Lakhimpur


Brief of the case
A complaint was received by the Commission on 13.7.2007 from Shri Mali Ram Dutta of VilI. Kamar Gaon, PS. Dhakuakhana, Dist. Lakhimpur in which he complained that the BDO, Dhakuakhana had not furnished the information he wanted under the RTI . Act relating to the NREGS of Dhakuakhana Block as under:

(i) Details of the job cards of the entire Block
(ii) Action plans under the scheme with details of projects/schemes etc.
(iii) Sanction orders for all the schemes with details of the Committees for the implementation of each project.
(iv) The details of Muster Rolls with names of the individuals engaged in the schemes.

The petitioner wanted photo copies of the information to be furnished to him.

Submission by the Parties:
The BDO, Dhakuakhana submitted that in his Block there are 12 Gaon Panchayats(GP). Each GP maintains separate register for different subjects mentioned by the petitioner. Each subject comprises of many volumes of register. The Muster Roll itself is a big sheet which is more than double the size of A 4 paper. He submitted that he got the request from the petitioner on 13.3.2007 for these details. He examined it carefully and asked GPs to furnish the information by a letter on 10.4.2007. The GPs replied with the details of the cost involved in photo copying the pages of various registers maintained by the Panchayats. As he found that it was going to be very costly, he directed the GPs to allow the petitioner to inspect the registers whenever there was such a request. He informed the petitioner also on 16.5.2007 to collect the details from the GPs or inspect the records.

He sent a letter to the petitioner on 12.6.2007 informing him the GP-wise cost of the photo copies. The total amount calculated as per the calculation came to Rs.83,084.00 On receipt of that letter, the petitioner submitted a complaint to the Commission stating that he was a BPL Card holder and entitled to free information. He also mentioned that the information was not given to him within the time stipulated under the RTI Act

Observation of the Commission
The Commission examined the calculation of the cost in details and found that it was a reasonable. There were hundreds of pages to be photo copied. from the registers maintained in the 12 Panchayats and there was no alternative to photo copying the information if the petitioner wanted it in paper form.

The petitioner submitted a BPL Card to the BDO, Dhakuakhana which was not in his name, but in the name of one Shri Rajen Dutta. The Village Headman certified that the petitioner was part of the family of said Rajen Dutta. This could not be construed that the petitioner himself was the BPL Card holder.

The Commission on examination of the cost and resources involved found that it would disproportionately divert the resources of the public authority as mentioned under Sec.7(9) of the RTI Act, 2005. The petitioner also appeared unwilling to pay the cost involved in photo copying the pages.

The BDO, who is the Asstt. PIO, had taken pains to furnish the information to the petitioner to the best of his ability. On his own initiative he had directed the GPs to allow the petitioner to examine the documents concerned and also to calculate the cost of photo copying the documents. The delay in furnishing the information was not a deliberate act of denying the information but it occurred due to genuine causes connected with the collection of information and calculation of cost involved.

The PD, DRDA, who is the SPIO, was not aware of the request for information as the BDO did not inform him. It was made clear to both of them that the basic responsibility of furnishing information is that of the SPIO and the ASPIO should only receive the petition submitted to him and forward it to the SPIO for furnishing the information within 5 days under Section 5(2) of RTI Act.

Decision of the Commission
The Commission on a careful examination of the case and taking into account the provision of Sec.7(9) of the Act as mentioned aforesaid directed the Public Authorities i.e., the PD, DRDA & BDO, Dhakuakhana as follows:

(i) To allow the complainant access to all records relating to NREGS of Dhakuakhana Block including taking of notes free of cost.
(ii) To certify the notes if any, taken by the petitioner as true copies of the original.
(iii) The petitioner should complete this exercise before 30.9.2007. He may also feel free to contact the PD, DRDA, Lakhimpur for any further assistance and the later will extend all necessary help to the complainant to access the information.

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. Shri C. N. Pegu, PD, DRDA, Lakhimpur & SPIO, Dist. Lakhimpur.
2. Shri Raj Kishore Doley, BDO, Dhakuakhana Dev. Block, Dhakuakhana, Dist.Lakhimpur
3. Shri Mali Ram Dutta, S/O. Shri Dandi Dutta, Vill. Kamar Gaon, P.O. Dhakuakhana, Dist. Lakhimpur.
4. DIPR, Dispur, Guwahati.
5. MD, AMTRON, Bamunimaidan for website uploading.
6. Office file.


Secretary
State Information Commission, Assam