PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION
Case No. 44/2006 & 45/2006
Dated 20-03-2007
Name of the Appellant:
Mustafa Ahmed Choudhury
S/o. Late Abdul Wahid Choudhury,
Tupla Basti, P.O. Digboi
Dist- Tinsukia, Assam.
Name of the Public Authority:
Home and Excise Departments
The following were present:
1. Smt Gayatri Baruah, Secretary, Excise
2. Shri Ashadeep Talukdar, Dy. Secy, Excise & SPIO
3. Abdul Waris Choudhury, Under Secy Excise & APIO
4. Smt. Madhurima Barua Sen, Dy. Secy, Home & PIO
5. Shri Nalini Kumar Sarma, Sr. A.A. Home (A)Deptt.
Mustafa Ahmed Choudhury - Appellant
The appellant present. Smt Gayatri Baruah, Secretary, Excise Department along
with the SPIO & APIO of Excise Department present. Smt Madhurima Baura Sen,
Deputy Secretary, Home Department & SPIO also present.
Facts of the case
Mustafa Ahmed Choudhury submitted a petition before the Chief Information Commissioner
on 16.2.07 stating that he submitted first appeal before the First Appellate Authority
of Home & Excise Departments, Government of Assam due to furnishing of false,
misleading and incomplete information by the SPIO of the Home Department and due
to the furnishing of incomplete information by the SPIO Excise Department in pursuance
to the orders of the Commission as communicated vide memo No. SIC.45/2006/97 dated
10.1.07. The relevant decision of the Commission in Case No. 44/2006 & 45/2006
were as follows:
1. The Commission, on hearing the appellant 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 appellant 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.
Submission of the parties:
The Appellant submitted before the Commission that the SPIO of Home Department
provided him with false, misleading and incomplete information furnished by the
AIG (R) and SP Tinsukia presumably at the behest of IGP (A) who was a relative
of Sri Ranen Kr. Saikia the prime accused of Digboi P.S. case No.71/04. On the
other hand the information furnished by the SPIO, Excise Department were incomplete
and did not fully comply with his request.
The Appellant also submitted before the Commission that the SPIO of the Home Department
did not inform him about the action taken by the DGP, Assam in connection with
his complaint against Digboi Police Station. He had not been informed whether
the Officer in charge and other police personnel of the Digboi Police Station
acted against the direction of law and committed any offence by their actions
by institution of the G.R. Case No. 64/06 vide Digboi Police Station Case No.
27/06 and whether Government would initiate any criminal / departmental proceeding
against the O.C. and other police personnel of Digboi P.S. He further submitted
that the SPIO of Home Department did not furnish him information whether Government
would like to withdraw the prosecution the accused in of GR No 64/2006 by directing
the Assistant Public Prosecutor, SDJM Court, Margherita to do so. He also submitted
that he wanted to know from the SPIO whether the seized documents along with its
contents in connection with Digboi Police Station case No 71/05 (namely original
copies of the lease deed dated 18.2.1999 and dated 31.1.2000 containing three
pages) were in safe custody of police and whether any verification was done regarding
the specimen handwriting and signature of his and his mother and of Sri Ronen
Kumar Saikia a prime accused in Digboi P.S. case No 71/04 in presence of the appellate
authority.
The SPIO of Home Department informed that the appellant was furnished a copy of
the parawise report submitted by AIGP (R) Assam in which it was clearly stated
that the action taken by the O.C Digboi Police Station and I.O. of Digboi P.S.
in Digboi P.S. case No 27/06 was according to the law and prescribed procedure
without prejudice and malafide intention and hence no criminal action or departmental
action against them was required to be taken. She (SPIO) also stated that it was
not within the jurisdiction of police to withdraw the case from the Court. This
information was communicated to the appellant by her. She stated that in the report
of AIGP(R), Assam it was clearly mentioned that the documents seized in Digboi
P.S. Case No. 71/04 were not sent to FSL, Guwahati since some related signature
and materials were yet to be collected. Regarding the Digboi P.S. Case No 27/06
the SPIO informed that a case was registered under section 447/325/34 IPC against
the accused namely 1. Md. Rajak Choudhury, 2. Md. Jitu Choudhury, 3. Md Muktar
Choudhury, relatives of the appellant on the basis of the FIR lodged by Sri Ranen
Kr. Saikia and the case had already been charge sheeted before the court.
The appellant expressed that he was not satisfied with the report of the AIGP(R),
Assam and that a fresh enquiry be instituted in this case.
The Secretary, Excise Department who is the First Appellate Authority stated that
she heard the first appeal of the appellant few days back and had also ordered
the Commissioner of Excise to cause an enquiry into the disappearance of the original
deed document alleged to have been forged. The enquiry report had not yet been
received by her. She further stated that after hearing the appellant she passed
an order on the appeal dated 21.11.06 submitted by the appellant and directed
the Deputy Commissioner, Tinsukia to shift the shop of Sri Ranen Kr. Saikia ftom
the premises of Smt Hamida Choudhury, mother of the appellant to any other suitable
site in Digboi town.
Decision of the Commission
The Commission on hearing both the parties and after going through the information
furnished by the SPIO, Home Department and the Secretary, Excise Department was
of the opinion that the SPIO, Home Department had furnished the information sought
for by the appellant and it cannot be said to be incomplete, misleading
and false as alleged by the appellant. The report of the AIGP(R), Assam with a
copy of the report of the S.P. Tinsukia as furnished to the appellant was complete
in all details. Hence the Commission was of the view that there was no ground
for complaint on the part of the appellant against the SPIO, Home Department who
had done a good job.
As regards the submission made by the complainant for fresh enquiry as he was
not satisfied by the enquiry conducted by the AIG (R), he is free to submit his
request to the Home Department who may decide on further action as deemed appropriate.
The Commission ordered that the Secretary, Excise Department should direct the
Commissioner of Excise to complete the enquiry within 2 weeks time and a copy
of enquiry report be furnished to the appellant within the period. The Secretary:'
Excise Department should send a report of confirmation in this regard to the Commission.
The Commission found that the main bone of contention in the appeal submitted
by the appellant was the location of the IMFL shop owned by Sri Ranen Kr. Saikia
presently in the premises of Smt Hamida Choudhury which has already been settled
by the Secretary, Excise Department vide her order dated 19.3.07 wherein it has
been ordered that the shop be shifted to any other suitable location in Digboi
town. The grievances of the appellant having been redressed, this matter is 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.
Memo No SIC.45/2006 & SIC.46/2006 Dated March 20, 2007
CC:
1. Smt. Gayatri Baruah, IAS, Secretary, Excise Department
2. Shri Ashadeep Talukdar, Dy. Secy, Excise & SPIO
3. Abdul Waris Choudhury, Under Secy Excise & APIO
4. Smt. Madhurima Barua Sen, Dy. Secy, Home & PIO
5. Mustafa Ahmed Choudhury, S/o. Late Abdul Wahid Choudhury, Tupla Basti, P.O.
Digboi, Tinsukia, Pin-786173.
6. MD, AMTRON, Bamunimaidan.
7. Office file.
Secretary
State Information Commission, Assam