PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION
Case No. 35/2007
Dated 15-03-2007
Name of the Complainant:
Shri Mohor Ali
Vill. Dhumuria, Part - 2 P.O. Piradhara,
P.S. Abhayapuri, Bongaigaon- 783380
Name of the Public Authority:
D.C. Bongaigaon / CEO Zilla Praishad Bongaigaon
The following were present:
1. Shri M.C. Sahu, D.C. Bongaigaon
2. Md. Mizanur Rehman, CEO
Bongaigaon Zila Parishad
3. Shri T.K. Roy, ADC Bongaigaon & SPIO
4. Attab Hussain, Accntt (PIO) - Public Authorities
The complainant absent without cause. The Deputy Commissioner, Bongaigaon, Additional
Deputy Commissioner cum SPIO, Bongaigaon present. Chief Executive Officer Zilla Parishad
Bongaigaon along with his SPIO present.
The Commission decided to hear the case in the absence of the complainant in view of the
presence of the Deputy Commissioner, Bongaigaon along with his SPIO and of the Chief
Executive Officer, Zilla Parishad, Bongaigaon along with his SPIO for the hearing.
Brief of the case
Mohor Ali of Dhumuria Part 2 P.S. Abhayapuri of Bongaigaon submitted petition
on 17.2.07 stating that he did not get information from Bongaigaon Zilla Parishad
office although they received an application from the PIO, Deputy Commissioner's
office, Bongaigaon. The information sought for by the applicant are as follows:
Name of the Schemes
Annual action plan of 20% ZP share under SGRY Central Share, 1st installment for
the year 2005-06
1. Construction of Kitchen shed (7 Nos) under Tapattari Development Block Rs.10,7100/Please
provide pin point
2. Imp. of Public Gathering house at Dumuria, Tapattari Colony, West Tapattari,
Madhuphal Paltan Bazar, Sontoshpur, Near Lalmati P.H.C. Lotibari South Rs.2 lacs
please pin point provide.
3. Construction of dwelling house, (Chali Ghar) under Tapattari ZPC areas worth
Rs.7 Lacs. Please provide the names with their full address.
4. Construction of 7 Nos Kitchan Sheds at different L.P. School under Tapattari
Dev. Block Rs.1,07,100/-. The names of L.P. Schools, SC/ST/OBC.
5. Imp/Construction of fishery pond/ Horticultural Plantation/ land Development
/ fuel wood plantation.
6. Grocery Shop / Stationery Shop to SC/ST beneficiaries under Tapattari ZPC area
for 4 Nos beneficiaries @ Rs.20,000/- each. The names of the beneficiaries with
their list (Rs.80,000/-).
7. Distribution of Bi-cycle, with fishing boxes to ST/SC/BPL beneficiaries under
Tapattari ZPC Rs.70,000/-. The names & Addresses of the beneficiaries
8. Imp/ Construction of Fishery Pond/Horticultural plantation / Land Development
/ Fuel Wood plantation for SC/ST BPL beneficiaries under Tapattari / Boitamari
Development Block for 40 Nos beneficiaries @ Rs.20,000/ each. The names &
addresses of the beneficiaries, Rs.8.00 lakhs.
9. Annual action plan of 20% ZP Share under SGRY central share balance fund of
1st installment for the year 2005-06.
Hence this complaint case.
Submission of the parties:
The Deputy Commissioner, Bongaigaon stated that his SPIO transferred the petition
of the complainant to the Chief Executive Officer, Bongaigaon Zilla Parishad on
3.1.2007 although his office received the application along with the application
fee of Rs.10/- on 26.12.2006. He apologized for the delay and submitted that there
would be no delay in future in the matters of the applications under the Right
to Information Act. The Chief Executive Officer, Bongaigaon Zilla Parishad submitted
that the application was received in his office on 11.1.2007 and as the information
sought for by the petitioner was voluminous, it took time for preparation of the
information in his office. The petitioner was informed by him on 12.2.07 verbally
that the information was ready to be collected from his office on payment of necessary
cost for photocopying, but the petitioner did not come to collect the information.
He apologized for the delay.
Decision of the Commission
The Commission observed that the SPIO of the office of the Deputy Commissioner,
Bongaigaon made delay in transferring the petition to the Chief Executive Officer,
Zilla Parishad, Bongaigaon. While the Commission accepted the apology of the Deputy
Commissioner, Bongaigaon for the delay, the Commission was of the view that the
entire process of dealing with the applications under the RTI Act. 2005 in the
office of the Deputy Commissioner, Bongaigaon needs to be streamlined. The Commission
directed the Deputy Commissioner, Bongaigaon to do so immediately and also take
steps to advise the officers in his district suitably to streamline the process
in their offices also. The Commission accepted the apology tendered by the Chief
Executive Officer, Zilla Parishad. Bongaigaon and directed him to furnish the
information immediately to the complainant free of charge, with the warning that
if such delays recur in future, the Commission would be constrained to take punitive
action against him and his. PIO under section 20 of the R.T.I. Act, 2005
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.30/2007/10 Dated March 14, 2007
CC:
1. Md. Mizanur Rehman, CEO, Bongaigaon Zila Parishad, Bongaigaon
2. Shri M.C. Sahu, D.C. Bongaigaon
3. Shri T.K. Roy, ADC Bongaigaon & SPIO
4. Attab Hussain, Accountant (PIO) of Bongaigaon Zilla Parishad, Bongaigaon
5. MD, AMTRON, Bamunimaidan.
6. Office file.
Secretary
State Information Commission, Assam