Dated 25-07-2007

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) Deptt., Assam, Dispur.


The Commission in its order dated 10.7.2007 directed the Director, Higher Education, Assam to submit a fresh affidavit giving reasons why penalty proposed under Section 20(1) at the rate of Rs. 250/- per day and compensation under Section 19 (8)(b) of RTI Act, 2005 should not be confirmed. This chance was provided to the Director, Higher Education as he was not present in the hearing that day. The Director of Higher Education was also given the time limit up to 25.7.2007 to submit his sworn affidavit. The Director of higher Education has since furnished the sworn affidavit.

The Commission has considered his affidavit along with the affidavits filed earlier by him and by the SPIO of his office and also by the Commissioner & Secretary, Education (Higher) Department. The Commission observed that the delay in providing information was caused mainly due to the fact that they had to be collected from various colleges of the State. The present SPIO of the office of the Director, Higher Education had made earnest efforts to collect these information and finally gave it to the petitioner on 7.6.07. -Of course there was also lack of timely check in the office ~f Director, Higher Education to ensure quick collection of information which the Commission is overlooking now on an assurance by the Public Authority that it would not recur. This being the case, the Commission decided not to impose penalty under Section 18(1) of the Act.

In so far as the question of harassment of the petitioner is concerned, the Commission viewed with seriousness the insensitive attitude of the Director, Higher Education and the SPIO. They both stated that no harassment was caused to the petitioner despite the fact that he had to come to the office for no less than three times to submit the application fees. It is no doubt a case for awarding compensation to the petitioner. However, the Commission has taken the view that the Public Authority has now realized the gravity of their action and that they would not repeat such deliberate acts of harassment to anyone coming to their office seeking information under the RTI Act. Therefore, the Commission on a reconsideration of its earlier decision is pleased to refrain from imposing the compensation under Section 19 (8)(b) of the RTI Act.

With these orders this case is closed.

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. The Commissioner & Secretary, Education (Higher) Department, Assam, Dispur, Guwahati.
2. Smti Bijoy Lakshmi Barua Gogoi, Deputy Secretary, Higher Education Deptt., Assam, Dispur.
3. The Director, Higher Education, Assam, Kahilipara, Guwahati.
4. Shri Delwar Hussain, State Public Information Officer, Directorate of 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