Dated 27-03-2007

Name of the Complainant:
Md Musharraf Hussain Choudhury
S/O. M.H. Siddique Hussain Choudhury
Vill. & P.O. Mandia Dist- Barpeta Assam. Pin -781308

Name of the Public Authority:
Deputy Commissioner, Barpeta

The following were present:
1. Shri Ajay Sankar Tiwari Deputy Commissioner, Barpeta
2. Shri Pradip Kumar Paul ADC, DC's Office & SPIO, Barpeta

Md Musharraf Hussain Choudhury
S/O. M.H. Siddique Hussain Choudhury
Vill. & P.O. Mandia Dist- Barpeta Assam.

The complainant present. The Deputy Commissioner, Barpeta and the Addl. Deputy Commissioner, Barpeta who is the SPIO of DC's office, Barpeta present.

Brief of the case

Md Musharraf Hussain Choudhury of Mandia, Barpeta sent a petition dated 15.2.07 to the State Information Commission which was received on 19.2.07 by the Commission that he had not yet received information sought for by him from PIO of DC's office, Barpeta.

The information sought for are the copies of the reports submitted by C.O. Baghbar in relation to the matter of concealment of tender for construction of football field of Mandia H.S. School relating to the period March 2006 and matter relating to retender.

Submission of the parties

The complainant submitted before the Commission that he received the reports late. The SPIO submitted that he gave a copy of the enquiry report of the C.O. Baghbar on 18-11-06 to the complainant. The second enquiry report was received by the DC's office only on 20-3-07 and it was given on 21-3-07. The complainant stated that he was not given any letter but was given a copy of the letter addressed to the SPIO by the ADC (Dev)'s office. The complainant confirmed that he has received both the enquiry reports. The D.C. Barpeta submitted that the delay was caused in respect of the first enquiry report as it was the first petition under the R.T.I. Act in his office. He assured that he would streamline the procedure in his office so that no delay could occur in future.

Decision of the Commission

The Commission noted that in furnishing the information the SPIO failed to comply with the requirements under section 7 (1) of the RTI Act. It is the duty of the SPIO to furnish the information to the petitioner himself and not ask some one else in his office to do it. However, the Commission has taken note of the submission made by the Public Authorities and has accepted the assurance that in future such omission would not take place.

As the petitioner has already received the information and he has no further complaints this should be laid to rest.

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. Shri Ajay Sankar Tiwari, Deputy Commissioner, Barpeta.
2. Shri Pradip Kumar Paul ADC, DC's Office & SPIO, Barpeta.
3. Md Musharraf Hussain Choudhury, S/O. M.H. Siddique Hussain Choudhury Vill. & P.O. Mandia Dist- Barpeta Assam
4. MD, AMTRON, Bamunimaidan
5. Office file.


Secretary
State Information Commission, Assam