Dated 23-05-2007

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

Name of the Public Authority:
Deputy Commissioner, Kamrup( Metro).

The following were present:
1. Shri Avinash Joshi,
Deputy Commissioner, Kamrup. : Public Authority

2. Shri Kumud Ch. Kalita,
ADC, Kamrup (Metro): SPIO

3. Shri Jitendra Nath Gogoi,
Garchuck Chariali, Ghy. :Complainant

The complainant present. The Deputy Commissioner (Metro) Kamrup as well as his PIO present.

Brief of the case
On 21.2.07 a petition was received by the Commission from Shri J.N. Gogoi of Guwahati seeking some information from the Deputy Commissioner, Kamrup (Metro). The said application was transferred to the Deputy Commissioner (Metro) vide letter dtd. 28.2.07 under Sec. 6(3) of RTI Act, 2005 for action. The information sought for were pertaining to the 3 Stone Quarries, 2 at Moinakhorong and one at Deosutal and the noise and air pollution 9aused due to blast in the said quarry in Pamahi Gaon under Ramcharani Mouza of Guwahati City affecting Moinakhorong Middle School, Pamahi L.P. School, Maghurapara L.P. SChool, Deosutal L.P. School and two other Non Govt. L.P. Schools and two Anganwadi Centres. The complainant submitted that he did not receive the information till date. Hence this complaint case.

Submission by the parties

The Deputy Commissioner, Kamrup (Metro) submitted before the Commission that the delay was caused as the information wanted involved Public Authorities like SSP, City, DFO, Guwahati and Director, Health Services. He regretted the delay. The PIO submitted before the Commission that the transferred petition was received from the State Information Commission on 17.03.2006. A case no. 15/2007 was registered in the office and an order was issued by the PIa on 02.04.07 seeking information relating to the petition from the Branch officer, Magistracy Branch, DC,s office and the Joint Director of Health Services, Kamrup (Metro). Since the matter related to the Administration Branch, an endorsement to that office was made and the information was sought from that branch. The Administration Branch ADC sought an enquiry report from the SSP (DSB),. Guwahati vide letter No. KAA.80/2006/12 dtd. 09.04.04. Copy of this letter was also marked to the DFO Kamrup East Division seeking his comments. On 11 th may, a notice was received from the SIC directing the PIa and the DC to appear with all documents relating to the petition on 23.5.07 The report of the Joint Director, Health Services was received on 14.5.07. On the same day an order was passed by the PIa stating that additional time would be reqjJired to furnish the information to the petitioner, as the enquiry reports had not been received and that thej information currently available in the office was incomplete. The ADC IIC Administration Branch received enquiry report from the DFO on 18.5.07. The enquiry report from SSP (DSB) Guwahati City was received on 17.5.07. The ADC I/C Administration Branch submitted documents related to the Stone Mahals to the PIO on 16.5.07. ADC I/C Administration furnished the reports of the SSP and the DFO to the PIO on 18.5.07. The ADC IIC Administration Branch submitted his report to the PIO on 21.5.07 but the information and documents were not provided to the petitioner because in the meantime a notice from the SIC was received.

Decision of the Commission

The Commission appreciated the difficulty faced by the DC (Metro) regarding collection of information from the concerned agencies of the Government for furnishing the complete information to the complainant. It was, however, observed that there was delay in his office from 17.3.07 to 2.4.07 without any valid reason. As the information is ready the Commission directed the PIa to furnish it to the complainant within 3 days of the passing of this order. The complainant may feel free to prefer an appeal before the DC(Metro), Kamrup who is the First Appellate Authority in case the information furnished to him is not found to be satisfactory.

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. Deputy Commissioner, Kamrup (Metro), Assam.
2. Shri Kumud Ch. Kalita, Additional Deputy Commissioner, (ivIetro) & SPIO, Kamrup, Assam.
3. Shri Jitendra Nath Gogoi, Vili. Pamahi, P.O. Garchuck Chariali, Guwahati-781035.
4. MD, AMTRON, Bamunimaidan for website uploading
5. Office file.


Secretary
State Information Commission, Assam