Dated 29-03-2007

Name of the Complainant:
Sri Mrinal Kanti Bhattacharjee
Central Market, P.O. Digboi - 786171, Tinsukia

Name of the Public Authority:
Deputy Commissioner, Tinsukia

The following were present:
1. Shri H.C. Dutta, ACS ADC & PIO of D.C's office Tinsukia
2. Shri N Baruah , ACS, SDO(S) & PIO - II, DC's Office, Tinsukia
3. Sri Hemanta Kr. Pegu, BDO Itakhuli

The complainant absent. The Additional Deputy Commissioner, Tinsukia cum SPIO, the SDO (S) cum APIO of the office of Deputy Commissioner along with the BDO, Itakhuli present.

Brief of the case

Shri Mrinal Kanti Bhattacharjee submitted a petition before the Chief Information Commissioner stating that he applied for some information on 27.2.07 from the PIO, Tinsukia district that the SDO (S) and SPIO Tinsukia forwarded the application dated 10.1.07 to the BDO, Itakhuli but he did not receive the information. Information sought for relates to the construction of the road of Ashok Nagar (Tengrai Bengali Gaon) under Tengapani Gaon Panchayat of Itakhuli block, its estimate, constitution of local people by G.P. amount paid, institution of Departmental enquiry and its report.

Submission of the parties

The ADC, Tinsukia submitted that the application of the petitioner was forwarded to the BDO, Itakhuli as the BDO is the SPIO of his office and as the matter relates to him. The BDO submitted that the application was sent to the Secretary, Tengapani Gaon Panchayat on 20.1.2007 and the applicant was given the information by the Secretary of the said G.P. The Additional Deputy Commissioner, Tinsukia submitted that as per the instructions received in the training of SPIOs in the Assam Administrative Staff College, Guwahati the SPIOs are to be designated in all the offices of the Districts including the offices of the Sr. BDOs / BDOs / Circle Officers and as such the BDO, Itakhuli have been designated as SPIO and the petition was forwarded to him for furnishing the information.

Decision of the Commission

The Commission has come to know from the submission made by the officers that there has been decentralization upto the G.P. level in the district of Tinsukia in the matter of designation of SPIOs and ASPIOs. The Commission is of the view that the Gaon Panchayat Secretaries need not be made ASPIO in view of dearth of adequate staff in the Gaon Panchayats.

The Commission would also like to advise that the 1st Appellate Authority in the case of Sr. BDO in the Block Development offices in the district should be the Project Director, DRDA and in case of Circle Offices in the Sub-Divisions it should be SDO (C). In the district headquarters the SPIO should be the ADC and the 1st appellate authority should be the Deputy Commissioner

As the information has been furnished to the petitioner by the BDO, Itakhuli and the delay was not on account of negligence, but on misunderstanding of the application of the RTI Act, the Commission has retrained from imposing any penalty.

The matter is treated 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.

CC:
1. Shri H.C Dutta, ACS, ADC & PIO of the Deputy Commissioner's office, Tinsukia.
2. Shri N Baruah ACS, SDO(S) & PIO - II, Deputy Commissioner's office, Tinsukia:
3. Sri Hemanta Kr. Pegu BDO, Itakhuli Development Block, Tinsukia
4. Sri Mrinal Kanti Bhattacharjee Central Market P.O. Digboi -786171, Tinsukia
5. MD, AMTRON, Bamunimaidan
6. Office file.


Secretary
State Information Commission, Assam