PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION


Case No: 44/2006
Dated 18th October 2006

Present
Dr. B.K. Gohain
State Information Commissioner

Name of the Complainant
Mustafa Ahmed Choudhury
S/o. Late Abdul Wahid Choudhury
Tupla Basti, P.O. Digboi Tinsukia,
Pin-786173.

Name of the Public Authority
Deputy Commissioner, Tinsukia

The following were present
Shri Purna Nanda Gogoi
Dy. Suptd. of Excise. Tinsukia- for Public Authority

Complainant
Mustafa Ahmed Choudhury

Complainant Mustafa Ahmed Choudhury present. Shri Purna Nanda Gogoi, Deputy Superintendent of Excise, Tinsukia, who is neither the competent authority nor the Public Information Officer of the office of the Deputy Commissioner, Tinsukia was deputed by the Deputy Commissioner, Tinsukia with a report addressed to the Under Secretary, Assam Information Commission with photocopies enclosed with the report. Neither the Deputy Commissioner, Tinsukia nor the Public Information Officer of his office was present which shows utter disregard and disrespect to the Assam Information Commission. It also shows the utterly careless way of handling important issues under RTI Act, 2005 by the Deputy Commissioner, Tinsukia who appears to have little knowledge about the provisions of the RTI Act.

Decision of the Commission

The Assam Information Commission hereby directs the Deputy Commissioner, Tinsukia along with the Public Information Officer to appear before the Commission on the next date fixed with all records and reports. The Deputy Commissioner, Tinsukia / Public Information Officer in his offiice should explain why penalty as contemplated under the RTI Act 2005 should not be inposed on them for willful negligence on the part of D.C / PIO in remaining absent before the Commission with all records and reports. The compensation, if any, to be paid to the complainant will also be decided on the next date fixed.

Notice be issued to the Additional Chief Secretary, Home & Political Department be present before the Commission or in his absence to ensure attendance of the PIO of Home Department before the Commission on the next date fixed with records/ reports. A copy of the petition of the complainant be sent to the Additional Chief Secretary, Home & Political Department along with this notice.

Next date for hearing is fixed on 18.11.2006 at 11.30 A.M.


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.45/2006/50-A
dated October 18, 2006

CC:
1. P.S. to Additional Chief Secretary, Home & Political Department.
2. Mustafa Ahmed Choudhury, S/o. Late Abdul Wahid Choudhury, Tupla Basti, P.O. Digboi, Tinsukia, Pin-786173.
3. Deputy Commissioner, Tinsukia
4. M.D. AMTRON
5. Office file.