PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. 54/2007

Dated 28-03-2007

Name of the Complainant:
Sri Purna Ch. Hazarika
O/O the Chief Engineer (Mat)
ASEB, 6th Floor, Bijuli Bhawan Paltanbazar, Guwahati - 1.

Name of the Public Authority:
Deputy Commissioner (Rural) Kamrup

The following were present:
1. Shri R.C. Jain, Deputy Commissioner, Kamrup
2. Shri B.P. Kakati, ADC, DC's Office & SPIO, Kamrup
3. Sri Ranjit Kr Mahanta , APIO, DC's office, Kamrup

The complainant absent. The Additional Deputy Commissioner, Kamrup (Rural) present

Brief of the case

Shri Purna Chandra Hazarika, O/O the Chief Engineer (Mat), ASEB, Guwahati submitted a petition on 22.2.2007 stating that he submitted an application the Deputy Commissioner (Rural) Kamrup on 12.12.2007 seeking information which was not received by him inspite of his approaching the Deputy Commissioner's office. The information sought for are:

1. Names of computer operators working at Hajo Block
2. Date of joining
3. Remuneration paid per month.

Submission of the parties


The complainant submitted a petition stating that he had already received the information and as such he prayed that the proceedings of the Commission be dropped. The Deputy Commissioner (Rural) Kamrup stated that his office has been running a Facilitation Centre for all petitions other than applications under the RTI Act. The applications under the RTI Act are to be given to the APIOs who receives the same. The present application was received in the Facilitation Centre on 29.11.06. The petitioner wanted that the day of receipt of the application should be the date on which he submitted the application in the Facilitation Centre, but the APIO whom he met on 12.12.06 wanted the date of petition to be on that date only.

The SPIO submitted that he had called for the report from the concerned Sr. BDO on the next day of the receipt of the application itself and the report was also received. However, as it was routinely handled the report was not brought before him and hence the delay took place. The Deputy Commissioner, Kamrup (R) admitted that he received the report from the Senior BDO much earlier but by oversight he failed to ensure that it was given to the SPIO for furnishing it to the petitioner. The Deputy Commissioner assured the Commission that such mistakes would be rectified and the petition on the RTI Act would be given more attention.

Decision of the Commission

The Commission observed that the Deputy Commissioner has designated both the SPIO and ASPIO in his office. Under Section 5 (1) of the RTI Act he should designate only the SPIOs in his office and the ASPIOs under section 5 (2) of the RTI Act should be designated only for the offices at the Sub-Divisional or below.

The Commission advised the Deputy Commissioner that the petitions under the RTI Act should be received in the facilitation centre of the Deputy Commissioner's office since it is there that the members of the public make interface with the administration. The application under the RTI Act should be categorized separately for quick action and where the application fee has not paid along with the application the person receiving the petition under the RTI Act should point it out to the petitioner and realize the fee. In addition the members of the public should be able to submit their petition to the SPIO himself when he is available in his office.

In this particular case the Commission has noted that the information has been furnished fully and the petitioner has no more complaint. The Commission has therefore, decided to treat the matter as closed.

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.56/2007/9 Dated March 28, 2007

CC:
1. Shri RC. Jain, Deputy Commissioner (R), Kamrup
2. Shri B.P. Kakati ADC, DC's Office & SPIO, Kamrup
3. Sri Ranjit Kr Mahanta, APIO, DC's Office, Kamrup(R)
4. Shri Purna Chandra Hazarika, O/O the Chief Engineer (Mat), ASEB, Guwahati
5. MD, AMTRON, Bamunimaidan
6. Office file.


Secretary
State Information Commission, Assam