Dated 07-07-2007

Name of the Complainant:
Shri Dilip Kumar Chakraborty Garikhana Road, (Bye lane)
P.O. Bidyapara (Dhubri), Dist- Dhubri.

Name of the Public Authority/SPIO:
Chairman, Municipal Board, Dhubri & D.C. Dhubri

The following are present:
1. Smt. Sumitra Ghosh, Chairperson
Municipal Board, Dhubri, Public Authority
2. Shri Dilip Kumar Chakraborty Complainant

The complainant and the Chairperson of Dhubri Municipal Board present.

Brief of the case
This case had arisen as the Chairperson of the Dhubri Municipal Board had not furnished information to the complainant as ordered by the Commission vide orders dated 13.6.07. The decision of the Commission were as follows:

(i) The Chairperson, Dhubri Municipal Board would inform the Commission by fax on receipt of this order the date on which the information was received by the complainant as it was reported by the UDA that it had been sent by post on 12.6.07 by registered post
(ii) The information would be supplied free of cost to the petitioner and in the meantime if any cost for supplying information had been paid by the petitioner it would be refunded to him.
(iii) If the information had not been supplied as submitted by the UDA the Chairperson would be penalised in accordance with section 20 of RTI Act till the date of supply of information.
(iv) As the Chairperson failed to designate the Public Information Officer under section 5 (i) of the R TI Act / 1st Appellate Authority under section 19 (1) of the RTI Act the Commission would deem her to be the SPIO till she complied with the requirement of the provision of the Act with all the consequences laid down in the RTI Act, 2005.
(v) The petitioner would send a report to the Commission on the information received by him and whether he had any other complaint.
(vi) The next date of hearing is fixed on 7.7.07 at 1130 hours.

Hence the complaint case

Submission of the parties
The complainant submitted that he had not received information as sought for by him from the Chairperson, Dhubri Municipal Board or the SPIO of the Board. The Chairperson submitted that the office of the Board had already sent the complete information on 5.7.07 by messenger. The complainant informed the Commission that he had not received the information. The Chairperson stated that there was strike in the Municipal Board on account of which there was delay in sending the information sought for. She could not bring the peon book through which the information was sent. She submitted that the allegation that water-supply was stopped to the house of the complainant intentionally as a way of punishment for complaining to the Commission was not correct. In fact, she allowed water-supply but the pump set had gone defective and water could not be supplied to the petitioner. She assured the complainant that the money he paid for water supply would be refunded. She admitted that she was not fully aware of the provisions of the RTI Act, 2005 and that the strike by the employees of the Board was crippling the functioning of her office. She stated that she could supply another set of information to the complainant even today.

Observation by the Commission
The Commission observed that the Chairperson failed to comply with the direction of the Commission. The Commission expected the Chairperson to exercise her powers as a public servant and to streamline the system of disposal of the RTI applications I appeals etc. and to treat the RTI matters seriously. She should arrange to brief her employees to give proper attention to RTI matters.

Decision of the Commission
The Commission, on a careful consideration of the facts and circumstances of the case has decided not to impose any penalty on the Chairperson and accepted her assurance to improve the implementation of RTI Act 2005 in her office. As the information was furnished in presence of the Commission no further order was passed in this matter. The petitioner might feel free to approach the Chairperson of the Board if the information furnished was not complete in detail in which case, the Chairperson should furnish the same. The Commission further directed the Chairperson to ensure .that such lapses did not occur in future as the Commission would be constraint to take penal action as per law in such eventualities.

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 Chairperson, Municipal Board, Dhubri.
2. Sri Dilip Kr. Chakraborty, Garikhana Road, (Bye Lane) P.O. Bidyapra (Dhubri)
3. The DIPR, Dispur, Guwahati
6. MD, AMTRON, Bamunimaidan
7. Office file.


Secretary
State Information Commission, Assam