Dated 10-05-2007
Name of the Complainant:
Shri Ajoy Kumar Sarma,
President, All Assam Disabled Development Union,
Japorigog, Ganeshguri, Guwahati-5
Name of the Public Authority:
Commissioner & Secretary, Education (Higher) Department., Assam
The following were present:
1. Shri Ajoy Kr. Sarma
2. Dr. Rafiquz Zaman, IAS, Additional Secretary, Govt. of Assam, Education (Higher)
Department.
3. Smti. Bijoy Lakshmi Baruah Gogoi, Deputy Secy, Govt. of Assam, Education
(Higher) Department.
The complainant present. Dr. R. Zaman, Additional Secy. Govt. of Assam, Education
(Higher) Deptt. present on behalf of Commissioner & Secretary, Higher Education
as the Commissioner & Secretary, Higher Education was outside the headquarter
on election duty. Bijoy Lakshmi Barua Gogoi, Deputy Secy., Higher Education
Deptt. who is the PIO of the Department was present.
Brief of the case
On 29.3.07, the Chief Information Commissioner, Assam received a petition from
Shri Ajoy Kumar Sarma, President, All Assam Disabled Development Union, Guwahati
in which he wanted some information relating to the matter of reservation of
govt. jobs in (Gr.III & Gr.IV) categories. He stated that he submitted a
petition before the Commission dt. 12.7.06 seeking some information relating
to the reservations in govt. jobs (Gr.III & Gr.IV) for disabled persons
but till the date of submission of the complaint he had not received any information
from the Higher Education Department.
Hence this complaint case.
Submission of the parties
The complainant submitted before the Commission that he sent his application
under the RTI Act, 2005 to the Chief Information Commissioner vide his letter
dtd. 12.7.06. He was asked to deposit application fees by way of Bank Draft
by the Director, Higher Education, Assam vide his letter dtd. 10.8.2006. Accordingly
he submitted a Bank Draft for Rs. 10/- in favour of the Director, Higher Education,
Assam which was, however, refused by the office of the Director, Higher Education,
Assam and on their advice a new Bank Draft for Rs. 10/- in favour of the Public
Information Officer of the Director, Higher Education office was submitted by
him within the next 7 days, the exact date of deposit of the new Bank Draft
not being remembered by him. The complainant stated that he received from Director,
Higher Education vide his letter dtd. 30.8.06 in which the Director, Higher
Education stated that he was not the appointing authority of the staff of universities
and colleges. However, a circular had been issued to all concerned by him vide
his office letter dtd. 01.04.03 for reservation of 3% jobs for the handicapped
persons in educational institutions including the universities aild colleges.
The complainant stated that he received a copy of the said circular dt. 1.4.03
along with the reply of the Director, Higher Education. He submitted before
the Commission that the information sought for him from the Director, Higher
Education by depositing the application fees had not yet been furnished by the
Director, Higher Education and hence he submitted this complaint.
The Additional Secy., Higher Education, Assam submitted before the Commission
that the Commission's letter dtd. 27.7.06 transferring the petition of the complainant
was received by the office of the Commissioner & Secy., Higher Education
Deptt., Assam on 28.7.06. The Under Secretary, Higher Education Deptt., Govt.
of Assam directed the Director, Higher Education, Assam to furnish the required
information vide his letter dtd. 9.8.06. Thereafter, on 18.8.06 a reminder was
issued to the Director, Higher Education in this regard. On 10.8.06, the Director,
Higher Education asked the petitioner to deposit application fees of Rs. 10/-
by Bank Draft. The Director, Higher Education informed the Commissioner &
Secy., Higher Education vide his letter dtd. 30.8.06 that the petitioner did
not deposit the application fees. The Director, Higher Education sent a reply
to the complainant vide his office letter dtd. 30.8.06 informing that the Director,
Higher Education, Assam was not the appointing authority of the staff of universities
and colleges. However, the Director, Higher Education had issued a circular
regarding reservation of 3% jobs in education institutions both universities
and colleges for the handicapped persons.
Thereafter, on 8.5.07 the Inspector of Colleges, Assam of the office of the
Director, Higher Education furnished information to the complainant giving the
strength of Gr. III and Gr.IV employees in the office of the Director, Higher
Education, Deputy Director, Sanskrit Education of the colleges. He also stated
in the letter that information regarding the total number of physically disabled
persons in Govt. jobs would be furnished later on. The Additional Secretary,
Higher Education also stated that the Inspector of Colleges, Assam sent a letter
to the Registrar of the Gauhati University, Dibrugarh University, Silchar University
and all the Principals of the Colleges to furnish the related information regarding
the total number of Gr.III & Gr. IV employees, total number of physically
disabled employees serving in these institutions, category of the disabled employees
(Gr. III & Gr. IV) whether any reserved post for physically handicapped
person was filled up, general category persons and reason for not filling up
of reserved post for physically handicapped persons. The Additional Secretary
further informed that on receipt of the notice of the Commission dtd. 10.4.07
he summoned Director, Higher Education and asked him to furnish the information
forthwith and consequent to it the two letters were written by the Inspector
of Colleges.
Observation of the Commission
The Commission found that neither the Commissioner & Secy., Higher Education
or his PIO nor the Director, Higher Education or his PIO acted promptly on the
petition of Shri Sarma, President, All Assam Disabled Development Union. They
have not yet furnished complete information to the petitioner.
The reported refusal on the part of the Director, Higher Education to receive
the application fees in cash from the petitioner who is a disabled person and
asking him to deposit a new Bank Draft purely on technical grounds spoke volumes
about the apathy of the concerned authorities. This insensitive attitude of
the Director, Higher Education and the PIO of his office towards a member of
public, particularly disabled section of the society was highly inexcusable.
The Director, Higher Education, on one hand informed the Commissioner &
Secy., Higher Education on 30 .8.06 that the petitioner did not deposit the
application fees and on the other hand on the same date he sent a letter to
the petitioner stating that he was not the appointing authority of the staff
of universities and colleges and that a circular has been issued to all concerned
vide his office letter dtd. 1.4.03 for reservation of 3% jobs in educational
institutions. This was totally contradictory and misleading. The Commission
noted that the Public Authorities or the PIOs had not taken pains to collect
the information from the field and to furnish it. The crux of the matter is
that information has not yet been furnished to the petitioner for so many months
now. This state of affairs is deplorable and detrimental to the implementation
of the RTI Act.
Decision of the Commission
On careful consideration of the facts and circumstances of the case the Commission
decided to impose penalty on the PIOs of the Higher Education Deptt. and of
the Director of Higher Education at the rate of Rs. 250/- per each day of delay
in furnishing the information up to a maximum of Rs. 25,000/- each as contemplated
under Section 20(1) of the RTI Act.
The Commission further decided to award compensation to the complainant under
Section 19(8)(b) of RTI Act, 2005 for the harassment caused to him by the office
of the Director, Higher Education.
Notices be issued to the PIOs of the Higher Education and of the Director, Higher
Education through their controlling officers as to why penalty as proposed should
not be confirmed for willful delay in furnishing the information.
Notices are also to be issued to the Public Authorities i.e., the Commissioner
& Secy., Higher Education Deptt. and the Director, Higher Education, Assam
requiring them to furnish affidavits under Section 19(8)(a) of RTI Act, 2005
on the measures taken by each of them on the petition of the complainant and
action taken by them against the persons responsible for the delay.
The next date of hearing is fixed on 10.7.2007 as per the request of the Addl.
Secretary, Education. (Higher) Deptt.
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. Commissioner & Secretary, Higher Education Deptt, Assam, Dispur, Guwahati.
2. Dr. Rafiquz Zaman, Additional Secretary, Higher Education Deptt., Assam,
Dispur, Guwahati.
3. Smti. Bijoy Lakshmi Baruah Gogoi, Deputy Secretary, Higher Education Deptt,
Assam, Dispur, Guwahati.
4. Director, Higher Education, Assam, Kahilipara, Guwahati.
5. Shri Ajoy Kumar Sarma, President, All Assam Disabled Development Union, Japorigog,
Ganeshguri, Guwahati-5
6. MD, AMTRON, Bamunimaidan for website uploading
7. Office file.
Secretary
State Information Commission, Assam