PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION
Case No. 32/2007
Dated 16-03-2007
Name of the Complainant:
Shri Pulin Sarmah,
Junior Account Assistant
Treasury Office, Sivasagar, Assam
Name of the Public Authority:
D.C. Sivasagar
The following were present:
Ms. Devola Devi Das, ADC (R), Sivasagar
Shri Pulin Sarmah
The complainant present. The Additional Deputy Commissioner, Sivasagar, who was
the SPIO of the DC's office present.
Brief of the case
Shri Pulin Sarmah, Jr. Acctt. Asstt, Treasury Office, Sivasagar sent a complaint
to the State Chief Information Commissioner, Assam stating that he submitted an
application to the SPIO, DC's office, Sivsagar and to the First Appellate Authority
(D.C. Sivasagar) under the RT.I. Act, 2005 for some information on 9.11.06 and
on 15.12.06 respectively but, he had not received any information. The information
sought for by him were as follows:
1. Whether the D.P. against him had been closed and if so, a copy of the punishment
order awarding stoppage of awarding stoppage of 2 (two) increments in the said
D.P. case be furnished.
2. A copy of Gradation list of Jr. Acctt. Asstt.
3. Relevant extract of Roster Register for the promotion of Sr. A.A.
He submitted Rs.20/- as application fee.
Hence this complaint case.
Submission of the parties:
The complainant stated that he received some information in reply to his application
only on 1.12.06 but the information was not complete and it was contradictory
to the information furnished by the Treasury Officer, Sivasagar earlier on 19.10.06.
The complainant submitted further that the Deputy Commissioner, Sivasagar, instead
of furnishing information in reply to his appeal preferred before him scolded
him in his office on 14.3.07 and threatened him with dire consequences like making
his service-record bad, giving punishment - posting etc. for approaching the Commission.
The SPIO, DC's office, Sivasagar submitted that she joined as SPIO in DC,s office,
Sivasagar only recently and before her, the DIPRO was the SPIO. The DIPRO, on
receipt of the application of the petitioner sent the same to the Treasury Officer
on 13.11.06 who furnished the information only on 1.12.06. She further submitted
that on receipt of the appeal-petition from the petitioner, the Deputy Commissioner,
Sivasagar (the First Appellate Authority) endorsed the same to her and she asked
the Treasury Officer, Sivasagar on 12.1.07 to furnish the information. She submitted
copies of the order sheets maintained by her in this case and prayed that the
delay be condoned.
Decision of the Commission
The Commission found from records produced before it that the petitioner who is
a Junior Account Assistant of DC's Office, Sivasagar submitted an application
under the Right to Information Act, 2005 on 7.11.06 which was duly received by
the SPIO on 10.11.06. The DIPRO, Sivasagar who was the SPIO sent a letter enclosing
the said application to the Treasury Officer, Sivasagar on 13 .11. 06 with intimation
to the petitioner directing the Treasury Officer, Sivasagar to give written reply
to the petitioner within 30 days of the receipt of the application. The Treasury
Officer, Sivasagar however sent him the information on 1.12.06 informing him that
no documents had been found in the office file regarding stoppage of two increments
in D.P. case against Shri P. Sarmah, Jr. Account Assistant, Sivasagar Treasury.
The Treasury Officer did not give any information pertaining to points 2 &
3 of the application of the petitioner, while the information furnished by the
Treasury Officer was contradictory to the information furnished to him earlier
(i.e. on 19.10.06)
The Commission also found that the Deputy Commissioner, Sivasagar did not care
to pay any attention to the petition filed before him by the petitioner and very
casually endorsed the same to the SPIO of his office although the petition was
addressed to him as the First Appellate Authority. On the other hand in his letter
dated 14.3.07 addressed to the Secretary of the Commission, he stated that the
matter was enquired into and it was found that necessary information had already
been given to the applicant by the Treasury Officer on 13.3.07 in writing, which
was found to be not correct.
The Commission also observed that Ms. D. D. Das, Additional Deputy Commissioner
(R), Sivasagar and SPIO submitted a note to the Deputy Commissioner, Sivasagar
on 13.3.2007 stating that the information had not been received from the Treasury
Officer and requested the Deputy Commissioner for taking necessary action. The
Deputy Commissioner did not bother to take any steps on this except asking the
SPIO to attend the hearing of the Commission on 16.3.2007
On careful examination of all the facts and circumstances of the case, the Commission
was constrained to observe that there had been a deliberate delay on the part
of the Treasury Officer and the Deputy Commissioner, Sivasagar in furnishing information
to the petitioner. Moreover, there appeared to have been attempt on the part of
the Deputy Commissioner, Saivasagar to dissuade and browbeat the petitioner who
is his employee from getting the information. Hence the Commission has decided,
prima facie, to treat the Treasury Officer, Sivasagar and the Deputy Commissioner,
Sivasagar as the deemed SPIO from the dates they first received the petition /
appeal respectively and impose penalty on them at the rate of Rs.250/- per day
till the complete and correct information are furnished to the petitioner to a
maximum of Rs.25000/- under Section 20 (1) provision of the RTI Act.
Both the Deputy Commissioner, Sivasagar and the Treasury Officer, Sivasagar will
submit their explanation by filing affidavits before the Commission through personal
appearance on the next date for hearing why this decision of the Commission should
not be executed.
The Petitioner is also directed to submit an affidavit through personal appearance
mentioning all the points he submitted before the Commission on 16.3.2007 and
also any other additional points he wishes to submit.
Fix 21.4.07 at 11.30 A.M. for submitting affidavits in reply and hearing.
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.33/2007/30 Dated March 17, 2007
CC:
1. The Deputy Commissioner, Sivasagar,
2. The Treasury Officer, Sivasagar.
3. Ms. Devola Devi Das, Additional Deputy Commissioner (R), Sivasagar.
4. Shri Pulin Sarmah, Junior Account Assistant, Treasury Office, Sivasagar,
Assam.
5. MD, AMTRON, Bamunimaidan.
6. Office file.
Secretary
State Information Commission, Assam