Dated 13-06-2007

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

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

The following were present:
Shri Taimur Rahman, UDA Municipal Board, Dhubri .

Background of the Case
The case relates to furnishing information to the petitioner by the Dhubri Municipal Board. The Commission in its order dated 21.3.07 gave the Chairperson, Dhubri Municipal Board time up to 13.6.2007 to furnish the information to the complainant and for imposing penalty @ Rs. 250/- per day till the information was furnished or total amount not exceeding Rs. 25,000/-from that date

The complainant informed the Commission his inability to attend the hearing due to the performance of some rites for his deceased mother at his residence. The public authority i.e. the Chairperson, Municipal Board, Dhubri also informed the Commission that she was unable to be present during the hearing as she had some personal urgent works. She deputed one UD Assistant from the Municipal Board office to attend the hearing.

Submission of the parties
The petitioner through a fax dated 12.6.07 had informed the Commission that he had not received the information. He also mentioned that the Chairperson, Dhubri Municipal Board by using her official position had harassed him by not providing /overcharging for drinking water etc on saradhya of his mother on 10.6.07.

The UDA who was deputed by the Chairperson, Dhubri Municipal Board submitted that the information was sent by post to the petitioner on 12.6.07 whereas the fax received from the Chairperson showed that the petitioner was asked to come to her office on 12.6.07 by 1 PM to collect the information on payment of the necessary cost

Observation of the Commission
The Commission noted with regret that the Chairperson, Dhubri Municipal Board had not made sincere effort to comply with the directions issued to her on 21.3.2007. Initially the Commission was under the impression that the Dhubri Municipal Board office was a small office without sufficient staff. However in this hearing the UDA, on enquiry from the Commission, stated that there are about 25 employees in the office of the Municipal Board including the Executive Officer and Junior Engineer. There are also other extra staffs working in the filed.

The Commission therefore found that the attitude of the Chairperson, Dhubri Municipal Board was repugnant to the spirit of the RTI Act. The Commission was also inclined to believe the allegation of harassment caused to the petitioner by the Chairperson, Dhubri Municipal Board.

Decision of the Commission
On a careful consideration of the issues involved the Commission gave the following directions:
(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 R TI 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 RTI Act / 1 st 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.

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. The Public Information Officer, DC Office, Dhubri
3. Sri Dilip Kr. Chakraborty, Garikhana Road
4. MD, AMTRON, Bamunimaidan
5. Office file.


Secretary
State Information Commission, Assam