PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION
Case No. 30/2007
Dated 14-03-2007
Name of the Complainant:
Shri Dibakar Goswami
Secretary, Hojai College Teachers'
Association, Hojai, Nagaon
Name of the Public Authority:
Principal & Secy, Hojai College.
The following were present:
Sri Anjan Kr. Bhattacharjee - Public Authority
Principal, Hojai College
Shri Dibakar Goswami - Complainant
Shri Tilak Ch. Kalita - For Complainant
Lecturer, Hojai College
The complainant along with Shri Tilak Ch. Kalita, Lecturer of Hojai College present.
The Principal, Hojai College, Hojai present.
Brief of the case
Shri Dibakar Goswami of Hojai College, Hojai submitted a petition dated 5.2.2007
before the State Chief Information Commissioner, Assam seeking some information
from the Principal, Hojai College, Hojai on 23.11.06 and from the SPIO & Joint
Director, Higher Education, Assam on 26.12.2006 on the following points :
i) The copies of the advertisement published in the newspaper with date for the
said posts.
ii) Date on which the interviews were conducted.
iii) Name and address of the subject expert of the selection committees
iv) Name and address of all the candidates who appeared in the interview for the
above mentioned posts
v) Certified copies of the comparative statements of the interview
vi) Certified copies of the final approval letters from D.H.E., Assam in respect
of both the candidates.
vii) Certified copies of the appointment letters of the candidates as appointed
against contractual/non-sanctioned posts
viii) Certified copies of G.B. Resolutions pertaining to above mentioned Lecturers.
On 5.3.07, Shri Goswami again submitted a complaint before the Commission stating
that he was not satisfied with the information furnished to him by the Principal,
Hojai College, Hojai on the following grounds:
1. Regarding Sri Manjit Kr. Roy, the Principal has handed over only three documents
(No. vi, vii, viii of the application) out of eight documents as sought for.
2. Regarding Md. Farid Uddin Choudhury, the Principal has handed over eight documents
/ information which are false and misleading. For example the copy of the advertisement
(No. I of the application) was published in 1998 for a sanctioned post. On the
other hand the incumbent was appointed as a. contractual lecturer for a period
of 45 days on 23.7.2003. Again according to the final approval letter No. G(B)
AC Regu.6/2006/83 dated 1.2.2006 of DHE , Assam, the incumbent was working under
a non-sanctioned post.
3. The documents furnished in response to point no. viii of our application regarding
both the incumbents are fabricated by the Principal himself.
Hence this complaint case
Submission of the parties:
The complainant submitted that the Principal Hojai College, Hojai handed over
only a few documents on 8.2.2007 on the basis of his application dated 23.11.06
under the R.T.I. Act, 2005 with regards to the appointment of Md. Farid Uddin
Choudhury, Lecturer, Department of Political Science and Shri Manjit Kr. Roy,
Lecturer, Department of Bengali of Hojai College, Hojai.
The complainant also submitted that the Principal furnished an advertisement of
1998 on the basis of which no appointment was made. Like-wise, in reply to his
queries from (ii) to (v), the Principal furnished some information which were
not correct. The information relating to queries (vi), (vii) & (viii) was
wrong the complainant added.
The Principal submitted that there was no advertisement for both the posts and
no interviews were conducted. He furnished a copy of the advertisement made earlier
in the newspaper relating to Md. Farid Uddin Choudhury with a wrong notion. He
also furnished the information relating to interviews, subject expert, comparative
statements of the interview which were not relevant to the appointments of the
lecturers. He clarified that there were no interviews conducted by the College
authorities for selection of these two lecturers. In fact, in 2003 both of them
were appointed on contractual basis for 45 days subject to the approval of the
Governing body of the College and were continued till 2006 with a break of one
day after every 45 days. They were appointed on regular basis as per decision
of the Governing Body and with the approval of the Director of Higher Education,
Assam.
Decision of the Commission
The Commission, on careful consideration of the facts and circumstances of the
case ordered that the Principal Hojai College should send a letter to the complainant
stating the facts on all the points as mentioned in the petition of the complainant
under section 7 (9) of the RTI Act, 2005, within 7 days of this order free of
charge and confirm it to the Commission.
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.30/2007/40 Dated March 14, 2007
CC:
1. Sri Anjan Kumar Bhattacharjee, Principal, Hojai College, Hojai.
2. Shri Dibakar Goswami, Secretary, Hojai College Teachers' Association, Hojai,
Nagaon
3. MD, AMTRON, Bamunimaidan.
4. Office file.
Secretary
State Information Commission, Assam