In Case No 44/2005

1. The Government of Assam, Home Department vide letter No. HMA.322/2001/318 dated Dispur, the 1st March, 2006 forwarded the representation dated 31.1.06 to the DGP, Assam seeking action taken report in connection with the Digboi P.S. Case No. 71/04. What are the actions taken by the DGP, Assam in connection with the matter. Whether there is any lack of interest in the Police Department. If so, the names of the police officials. If not the reasons for the long delay in the progress of the process of investigations.

2. Whether the matter involves offences under the provisions of corruption, forgery, cheating, criminal breach of Trust, house trespassing, abetment, criminal conspiracy, public nuisance, offences relating to public servants under the provisions of IPC, offences relating to religion and public tranquility and offences against public justice. If yes whether any material evidences collected against the offenders. If not furnish reasons.

In Case No 45/2005

1. Certified copies of all the documents in connection with the matter containing in Govt. of Assam Excise Deptt. File No. EX.61/98

2. Whether the IMFL retail shop under license No. 62/98 exist in violation of Assam Excise Rule 191. If yes furnish reasons why the Govt. of Assam Excise Dept. acted negligently with the dereliction of its duties and violated Assam Excise Rule 191 by not focusing its attention to the location and number while taking decision vide letter No. Ex.61/98/80 dtd. 31st December, 2001. Furnish the names of the guilty officials.

3. Furnish reasons why the Govt. of Assam, Excise department have not obtained legal opinion prior to declaring the matter a civil dispute under Misc (Rent) case No. 2/2001 in the court of Civil Judge, Junior Division, Margherita vide letter No. EX.61/98/80 dtd. 31st December, 2001.

4. Furnish reasons why the Govt. of Assam, Excise Deptt. have not insisted the verification of the genuineness of forged lease agreement dated 5.4.97 and on the forged letter dtd. 26.3.97 and the false certificate issued by the Digboi Town Committee vide letter No. DTC/1-18/719 dtd. 1.3.2001 prior to taking decision vide letter No. Ex.61/98/80 dtd. 31st December, 2001

The Commission decides to hear both the cases No. 44/2006 & 45/2006 together as both the cases relate to the same subject. The Commission hears the complainant. The Commission hears the PIOs also. The complainant after presenting his case in detail, states that he will be satisfied if he receives the certified copies of the following documents:

(1) The original site plan from the Excise Department file as shown to the Commission during the hearing.
(2) Report of enquiry submitted by Shri P.K. Bora, ACS, Additional Deputy Commissioner as available in the Deputy Commissioner’s office file as shown to the Commission during hearing.
(3) Government letter No. Ex.61/98/20 dated 1.1.99
(4) The report of DSE, Margerita along with enclosures in DC’s office file (TEX.513/97 as shown to the Commission during hearing.
(5) Report sent by the Deputy Commissioner, Tinsukia to the Commissioner of Excise as available in file No. TEX.513/97.
(6) Letter No. TEX 513/97/72 dated 29.11.01.
(7) Correspondences from Sl. 1 to 17 in Govt file No. EX.61/98
(8) The report of AIG of Police (R) Assam dated 15.11.06
(9) The original deed document alleged by the complainant to be a forged one.

The PIOs concerned submit that they will furnish certified copies of the available documents as sought for by the complainant. The PIO of the Excise Department, Government of Assam submits before the Commission that the Government does not have any copy of the allegedly forged deed document as no such original document was sent by the Deputy Commissioner Tinsukia to the Government. The PIO further submits that the office of the Commissioner of Excise also did not have the original document.

The Commission also has heard the police officer who has been investigating into the alleged case of forgery as was available for examination.

Decision of the Commission

(1) The Commission, on hearing the complainant and the PIOs as well as the Investigating officer of Digboi Police Station and on careful consideration of the facts and circumstances of the case decides that the PIOs shall furnish certified copies of the available documents in Government and Deputy Commissioner’s office files as enlisted hereinbefore.

(2) The Commission further directs that the Secretary, Excise Department, Government of Assam shall cause an enquiry into the disappearance of the original deed document alleged by the complainant to have been forged and fix responsibility for the missing document.

(3) The Commission further orders that the copies of the documents be given free of charge in view of delay in furnishing the information.

(4) The Commission refrains from imposing any penalty for the delay in furnishing information as it was satisfied that it was caused by the nature of the information sought and not by the neglect / indifference of the officers concerned.