PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No : 43/2006
Dated 19th October, 2006

Present:
1. Shri R.S. Mooshahary
State Chief Information Commissioner.

2. Dr. B.K. Gohain
State Information Commission.

Name of the Complainant:
Mrs. Anjuman Ara Begum
Borooah Nilay,
J. N. Barooah Lane
Jorpukhuri, Guwhati - 1.

Name of the Public Authority:
Chief Engineer PWD (Roads)

The following were present:
Shri Ajit Bhuyan
Superintending Engineer (P)
Office of the Chief Engineer,
PWD (Roads),
Assam, Guwahati

Representing the Petitioner.
1. Ms. Amrita Barooah
2. Ms. Samhita Barooah

The complainant represented by Amrita & Samhita Barooah is present. Shri Ajit Bhuyan, S.E. (P) and PIO of the office of the Chief Engineer, PWD (Roads) Assam present. The PIO submitted a detailed report on the matter. His main contention is that the complainant did not file an appeal before the first Appellate Authority as provided in the RTI Act and instead came before the Hon'ble Commission. It was also pointed out by the PIO that no fee was deposited by the complainant with the application.

The PIO was informed that the Commission transferred the petition of Mrs. Anjuman Ara Begum, Guwahati vide letter dated 2.8.2006 wherein the Commission directed that necessary fees might be collected from the complainant. It appears from the record that the PIO did not ask the complainant to deposit the requisite fee.

The persons representing the complainant were not satisfied with the information regarding the names of the officers responsible. The persons representing the complainant alleged that the information furnished against the quarry No.1 and 3 were incomplete and misleading and they were not provided the APWD Manuel or the source where it could be made available. The persons representing the complainant also stated that information to quarry No. 4 was partially wrong and the information to quarry no 5 was vague.

The Commission heard the PIO, who stated clearly that the First Appellate Authority was indicated in the notice board in their office. He also submitted photographs of the action taken on the points raised by the complainant. The persons representing the complainant were however not satisfied and submitted a CD to show that all the manholes / pits at Bhangagarh were not covered. PIO was told by the Commission that u/s. 7(3)(b) of RTI Act he has to inform the petitioner the particulars of the appellate authority to facilitate filing of appeal and it is not enough to just keep the name of the appellate authority in the office notice board

Decision of the Commission

The Commission directed the PIO to hold site inspection in presence of the persons representing the complainant on the same day and to submit a report before the Commission on the next date fixed.

Next hearing is fixed on 24.10.06.

 

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

(L.C. Borah)
Under Secretary
State Information Commission, Assam
Janata Bhawan, Dispur.

Memo No SIC.44/2006/24-25
Dated October 19, 2006

CC:
1. Shri Ajit Bhuyan, Superintending Engineer (P), Office of the Chief Engineer, PWD (Roads) Assam, Guwahati
2. Mrs. Anjuman Ara Begum, Borooah Nilay, J. N. Barooah Lane, Jorpukhuri, Guwhati - 1.
3. MD, AMTRON
4. Office file.