PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION FULL COMMISSION

Case No. 38/2007

Dated 23-05-2007

Name of the Complainant:
Shri Jitendra Nath Gogoi,
Viii. Pamahi, P.O. Garchuck Chariali, Ghy-781035.

Name of the Public Authority:
Chief Engineer, PWD (Roads), Ghy-3

The following were present:
1. Shri Ajit Bhuyan, SE (P) office of the Chief Engineer,
PWD (Roads), Guwahati.
2. Shri Ramesh Chakravarty, E.E, PWD (B), Ghy.
3. Shri A. S. Khandakar, AEE, PWD, Guwahati Rural Road Division.
4. Shri Jitendra Nath Gogoi, Garchuck Chariali, Ghy.

The complainant present. The Superintending Engineer, PWD (P) & SPIO, office of the Chief Engineer , Executive Engineer, PWD (B), Guwahati and Asstt. Executive Engineer, Guwahati Rural Road Division present.

Brief of the case
On 21.2.2007 a petition was received by the Commissi0I1 from Shri J:N. gogoi seeking information on Maligaon-Boragaon Chokordo Road under PMGSY Package No.AS-II-33 which was transferred to the Superintending Engineer, PWD ( Roads) and the SPIO of the office of the Chief Engineer, PWD (Roads), Assam, Guwahati on 28..2.07 under Section 6(3) of the RTI Act, 2005 for taking action. On 23.4.2007 a complaint was received by the Commission from Shri J.N. Gogoi stating that he had not yet received any information on his petition dtd. 22.2.07 which was transferred to the SE, PWD (Roads) and SPIO of the office of the Chief Engineer, PWD (Roads), Assam by the Commission. The Commission decided to act on this complaint under Sec. 18(2) of the RTI Act, 2005 and notices were issued to the complainant as well as the SE, PWD (Roads), Assam for appearing before the Commission with all the details/records

The information sought for by the complainant were as follows:
1. The road Maligaon-Boragaon Chokordo being constructed under PMGSY package No. AS.11-33 was entrusted to CTC Pvt. Ltd. And the said road was to be completed as per tender notice by 28.7.2006 but except for one bridge the work remained incomplete. The 600 meters of road was not yet taken up for construction. What action did PWD take against CTC Pvt. Ltd. for violating the condition of the tender notice?

2. The item namely Prime Coat which was asked to be included by the Road Development Committee was not used. Rs. 3,45,808.00 only earmarked for Prime Coat which was included in the tender would not be spent. On what other items of work this money would be spent?

3. How much money was allotted to CTC Pvt. Ltd. under PMGSY for contract work since 28.10.05?

4. How could the said firm allotted PMGSY contract without necessary equipments, laboratory and staff?

5. The grievances indicated to the SE, PWD(Roads) vide public memorandum dt. 17.6.06. What action did the SE, PWD take on the grievances?

Submission of the parties
The SE, PWD (Roads) and PIO of the office of the Chief Engineer, PWD (Roads) informed that the Commission's letter dtd. 28.2.07 transferring the petition of Shri Gogoi was received on 23.3.07 only as he was under treatment at ICU at Guwahati Medical College & Hospital. During that time the APIO took necessary action to transfer the RTI application to the Executive Engineer, Guwahati Rural Road Division, Guwahati under Section 6(3) of the RTI Act, 2005 on 26.3.07. As no application fee was deposited, the Executive Engineer, Guwahati Rural Road Division requested Shri Gogoi to deposit the application fee vide his letter dtd. 7.4.07.. Thereafter, the notice issued by the Commission in the present case on 27.4.07 was received only on 25.5.07 along with the copy of the application of Shri Gogoi. Then it was found out by him that Shri Gogoi attached Court Fee Stamp for Rs.10/- in his application dtd. 23:4.07. On receipt of the letter of the Commission dtd. 27.4.07 information in respect of para 3 & 4 of the petition of Shri Gogoi as stated herein before was despatched to Shri Gogoi by the PIa & SE, PWD (Roads). The information pertaining to other paras of the RTI petition ofShri Gogqi were under preparation by the Executive Engineer, PWD, Guwahati Rural Road Division, Guwanati and would be furnished to Shri Gogoi shortly.

The complainant, Shri Gogoi stated that he received the forwarding letter of the Commission transferring his application to the SE, PWD(Roads) in time but he did not receive the letter of the Executive Engineer, Guwahati Rural Road Division dt. 7.4.07 to deposit the application fees till date. The Asstt. Executive Engineer, PWD Rural Road Division, Guwahati stated that he would furnish the information as directed by the Commission to the complainant without further delay. He further submitted that he was not aware that the application fee was deposited in the form of Court Fee Stamp by the applicant and hence he had to write the letter to the complainant. The complainant when asked by the Commission submitted that he was satisfied with the information furnished by the SE, PWD Roads).

Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the case and taking into consideration the record of performance by the SE, PWD(Roads) as the PIO of the office of the Chief Engineer, PWD (Roads), Assam decided not to penalize the SPIO for the delay which happened unintentionally. However, the Commission directed the SE, PWD(Roads) to ascertain the date on which the letter of the Commission transferring the petition of the complainant was received in his office. The Commission further directed the Executive Engineer, PWD,Guwahati Rural Road Division, Guwahati to furnish the information to the complainant within 7 days of the passing of this order free of cost and also directed the Asstt.Executive Engineer, PWD, Guwahati Rural Road Division to ascertain on which date the letter dtd. 7.4.07 sent by his office to the complainant to deposit the application fees was actually despatched. Reports in this regard should be submitted to the Commission by both the SE, PWD (Roads) and Asstt. Executive Engineer,PWD, Guwahati Rural Road Division within a month.

The Secretary of the Commission will put up this case file to the Stat~ Chief Information Commissioner by 22.6.07 for final orders.

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. 39/2007/18 Dated May 23, 2007

CC:
1. Chief Engineer, PWD (Roads), Chandmari, Guwahati-781 003.
2. Shri Ajit Bhuyan, Superintending Engineer (P) & SPIO, office of the Chief Engineer, PWD (Roads), Chandmari, Guwahati-781 003.
3. Executive Engineer, PWD, Guwahati Rural Road Division, Fancy Bazar, Guwahati-l
4. Shri A.S. Khandakar, Assistant Executive Engineer, PWD, Guwahati Rural Road Division, Fancy Bazar, Ghy. 1
5. Shri Jitendra Nath Gogoi, Vill. Pamahi, P.O. Garchuck Chariali, Guwahati-781035.
6. MD, AMTRON, Bamunimaidan
7. Office file.

Secretary
State Information Commission, Assam