Dated 20-09-2007

Name of the Complainant:
Ms. Geetanjali Baruah
12, Dr. S K Bhuyan Road
Dighali Pukhuri East, Guwahati - 1

Name of the Public Authority:
i) Joint Secretary, Education Deptt.
ii) Deputy Secretary, Education(Sec)

The following were present:
1. Md Sohrab Ali , ACS Joint Secretary, Education
2. Md. Mohsin, ACS Director, Sec. Edn.
3. Md. Mozibur Rohman, ACS Dy. Secy. Education (S), PIO
4. Mrs Roshan Ara Begum, ACS Dy. Secy. Finance Deptt., SPIO
5. Shri Jawhar Bhattacharjee, Joint Secy. Finance (B) Deptt.
6. Ms Geetanjali Baruah

Brief of the case
On 3-8-07, a letter was received by the Commission from Mrs. Geetanjali Baruah relating to non-compliance of the decision of the Commission given in the complaint case no. AIC 39/2006. As such the Commission issued notices to the concerned Public Authorities and the SPIOs to be present in the hearing to-day.

The complainant also requested the Commission to accord permission to make a demand for the permissible interest on non-paid amount for the period and to make a demand for compensation for her suffering from various aspects.

The decision of the Commission dated 21-11-06 in this case was as follows :

1. The Director, Secondary Education will submit the proposal for all the schools for payment of arrear salaries to the retired / serving teachers within one month to the Department of Secondary Education, Government of Assam.

2. The Department of Secondary Education, Government of Assam will submit such proposals to the Finance Department within 15 days of receipt of the proposal from Director, Secondary Education.

3. The Finance Department after holding necessary field inspections and scrutinizing the accounts will sanction the proposals for payment of arrear salaries preferably within the current financial year but not later than 4 months from receipt of proposal from the department of Secondary Education.

4. The matter in its entirety is to be resolved within 6 months from this date

Submission of the parties
The complainant submitted that although the Commission directed the Director of Secondary Education, the Deptt. to complete the process of sanction of the arrear salaries of hers within six months vide its decision dated 21-11-06, she did not receive her arrear salaries nor did she receive any information from the SPIO of Education Deptt. and as such thought that her prayer was going to be rejected and hence she submitted this complaint before the Commission.

The Director Secondary Education submitted that he submitted proposals for arrear salaries during the last part of the last financial year and again in June/07 to the Education (Secondary) Deptt, Govt. of Assam and the Govt. made quarries as to whether there was any budget provision in this regard. The Govt. endorsed the file to him and he returned the file with his endorsement that since many posts of teachers were lying vacant, the arrear salaries for the complainant and the others in her school could be paid from the existing budget provision under the ‘Salary’ head.

The joint Secretary, Education(S) Deptt submitted that the earlier proposal during the last financial year was received by the Education Department at the fag end of he last financial year and as there were many proposals at that time, the Financial Advisor expressed his difficulties in examining these proposals. Now, on receipt of the proposal from the Director Secondary Education, the same was examined. The Director Secondary Education was first asked whether there was any budget proposal for payment of the arrear dues and the concerned file relating to the case of the complainant was endorsed to the Director Secondary Education for his views. On receipt of his endorsement that the arrear salaries could be paid from the budget provision under salary head, the Govt. cleared the proposal and issued the sanction on 19-9-07. There was delay in sanctioning the amount as the Govt. had to examine the issue in detail. He submitted that last year, no proposal for arrear salaries was cleared.

The SPIO of the Education (Secondary) Deptt. stated that during the pendency of the complaint case, Shri R. Deka Deputy Secretary Education(Elementary) Deptt., Shri R. B. Mahanta Deputy Secretary (Secondary) Deptt were the SPIOs and he was designated as SPIO only recently. He admitted that after expiry of six months i.e. after 20 th May/06, the complainant was not informed anything about her arrear salaries.

Observation of the Commission
i) The Commission observed that as all the proposals were sent together to the Education Deptt. at the end of the last financial year by the DSE, the Education (Secondary) Deptt could not dispose of the case of the complainant. Nevertheless the SPIO of the Education (Secondary) Deptt. should have informed the complainant, on expiry of six months from the date of decision of the Commission, that the matter was under process and the reason thereof. That was not been done which amounted to non-compliance of the Commission’s order and refusal to provide information to the petitioner.

ii) It was also observed that the matter was not as all referred to the Finance Department but entirely dealt with by a Education (Secondary) Department and the delay in providing the information was solely due to its own negligence.

iii) Belatedly the department issued the necessary orders on 19.9.07 for payment of the arrear not only to the complainant but also for four others of her school. It was of course most unfortunate that they had to wait for long to get the money, which really was theirs and not that of the Government.

iv) The petitioner’s request for interest on the delayed payment of the arrear did not fall within the charter of responsibility of the Commission. She would have to approach the appropriate forum for this relief.

Decision of the Commission
The Commission, on careful consideration of the facts and circumstances of the case and in exercise of the powers conferred under section 19 (8)(a) of the RTI Act, 2005 directed as follows :

i) The Joint Secretary, Education (Sec) Deptt should send the letter of sanction dated 19-9-07 along with the bills to the D.S.E. Assam today as agreed by him also by the SPIO of his department.

ii) The D.S.E. Assam, on receipt of the sanction should send the allotment along with the sanction and the bills to the Inspector of Schools, Golaghat who would ensure drawal of the amount so that payment of the arrear salaries be made to the complainant within 15 days from to-day. DSE assured monitoring of this and he should inform the Commission after due completion of the process by 17 October, 2007.

iii) The Commissioner & Secretary, Education (Sec & Ele) Deptt Govt of Assam would enquire & report by 30.10.07 as to why the complainant was not informed the position on expiry of six months date-line as fixed by the Commission in its decision dated 21-11-06 and submit a report fixing responsibility on the SPIO / other officers for their failure to inform the complainant about the matter. On receipt of the enquiry report from the /Commissioner Education (Secondary) Department the Commission would consider further action under section 20 (1) & (2) of the Act.

iv) The Secretary of the Commission will put up the file before the SCIC on 31.10.07 for further 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.

CC:
1. Commissioner & Secretary, Education (Sec & Ele) Deptt. Govt. of Assam, Guwahati.
2. Md Sohrab Ali, Joint Secretary Education.Guwahati.
3. Shri Jawhar Bhattacharjee, Joint Secy. Finance (Budget) Deptt, Guwahati.
4. Md. Mohsin Ali, Director Secondary Education, Kahilipara, Guwahati.
5. Md. Mozibur Rohman, Deputy Secy, Education (Sec), Guwahati.
6. Mrs. Roshan Ara Begum, Deputy Secy. Finance Deptt.
7. Mrs. Geetanjali Baruah, Dr. S K Bhuyan Road Dighali Pukhuri East, Guwahati- 1
8. The DIPR, Dispur, Assam
9. MD, AMTRON, Bamunimaidan.
10. Office file.


Secretary
State Information Commission, Assam