The following were present:
1. Shri J. P. Baurah, MD, AMDC
2. Shri P K Datta, Jt Manager (T)
AMDC& APIO
Appellant.
Shri D.P. Jaiswal
The appellant present. Sri J.P. Baruah, Managing Director, Assam Mineral Development
Corporation and Shri P.K. Datta, Jt. Manager (T), Assam Mineral Development
Corporation also present.
Brief Facts of the Case:
Shri D.P. Jaiswal, Mines Manager, Assam Mineral Development Corporation submitted
an appeal on 8.9.2006 before the State Chief Information Commissioner, Assam
stating that the information which the Corporation submitted was false and incomplete.
Accordingly a notice was issued to the Managing Director and SPIO of AMDC, Guwahati
under section 19 (8) of the RTI Act, 2005 asking the PIO of AMDC and the 1st
Appellate Authority of the said office to appear at the Commission office on
14.11.2006 with all details / records concerning the appeal. In his petition
addressed to the State Chief Information Commissioner, Assam which was transferred
to the Commissioner & Secretary to the Government of Assam, Mines &
Minerals Department the appellant (Sri Jaiswal) wanted the following information:
The pay scales, names and the dates of appointment in AMDC prior to his appointment
in AMDC on regular basis with designation as stated below should be furnished
to him.
(1) Mines Manager: Mining Engineer having statutory qualification like first
class Mines Manager Certificate of competency (R) granted by D.G.M.S. Govt.
of India Dhanbad, Jharkhand and no R.Q.P. Certificate granted by I.B.M. Govt.
of India, Nagpur.
(2) Mines Manager: Mining Engineer having second class Mines Manager Certificate
of competency and also R.Q.P. certificate.
(3) Mines Manager: Mining Engineer having second class. Mines Manager Certificate
of competency and no R.Q.P. certificate.
(4) Mining Engineer: Mining Engineer having no Mines Manager certificate of
competency and R.Q.P. certificate. Having only few years of experience (say
one or two) in Mines.
(5) Project Engineer: Mining Engineer having no Mines Manager Certificate of
competency only R.Q.P. certificate.
(6) Production Manager: Mining Engineer having no any Mines Manager Certificate
of Competency or R.Q.P. certificate and only having one or two years of Mining
experience.
Heard the appellant. Also heard the MD, AMDC. Perused their records. It is seen
that the information furnished to Shri Jaiswal is not complete. Shri Baruah,
MD, AMDC submitted before the Commission that only one APIO was appointed in
his office and that he (MD, AMDC) has been appointed as 1st Appellate Authority.
It has been made clear by the Commission that the MD, AMDC should immediately
designate one PIO as per section 5 of the RTI Act as the Assam Mineral Development
Corporation is a public authority and report action taken. During the hearing
of the appeal, it has become abundantly clear that neither the MD, AMDC nor
the APIO of his office are aware of the provisions of the RTI Act, 2005 and
as such the MD, AMDC did not furnish the complete information to the appellant.
As such the Commission holds that the delay occurred has been unintentional
and not deliberate.
The Commission, on perusal of the facts and circumstances of the case refrains
from imposing penalty on the APIO / 1st Appellate Authority concerned but
directs the MD, AMDC to furnish the information within 15 days in the format
the petitioner wants it and send the report of compliance to the Commission
not later than 29th November, 2006.
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.
CC:
(1) Shri J. P. Baurah, MD, AMDC Ltd, Khanij Bhawan, Dispur, Guwahati-6.
(2) Shri D.P. Jaiswal, Mines Manager, Verma Building (2nd floor)Near Wireless,
Basistha Road, P.O. Assam Sachivalaya, Dispur, Guwahati.
(3) MD, AMTRON, Bamunimaidan.
(4) Office file.