Dated 25-04-2007

Name of the Complainant:
Sahajan Ahmed Kazi,
General Secretary, Star Light Club
Durgapur, P.O. Barjatrapur,
P.S Borkhala, Dist- Cachar.

Name of the Public Authority:
Deputy Commissioner, Cachar

The following were present:
1. Sadhana Hojai, CEO, Cachar Zilla Parishad
2. Shri Dinabandhu Deka ADC, Cachar
3. Naresh Ghosh, PD, DRDA
4. A.J. Laskar, APO (T) DRDA - Public Authorities

Brief of the case

On 06.03.07 a petition was received from Sahajan Ahmed Kazi, Durgapur, Cachar to the fact that he applied for information from PD, DRDA Cachar on 7.12.07 as per the guidelines of R TI Act, 2005 to get details of fund sanctioned and utilized. Accordingly the PD. DRDA, Cachar sent letters to the concerned BDOs and Secretaries of Salchapra & Borkhola Development Blocks. But the concerned BDOs and Secretaries did not give any information till date and hence this complaint.

The information sought for him relates to on SGRY, IBS and IAY schemes for the period from 2002-03 to 2006-07 pertaining to all Anchallik Panchayat Members and Gaon Panchayat Members under Salchapra and Borkhola Development Block

Submission of the Parties

The Chief Executive Officer of Zill Parishad, Cachar, PO, DRDA Cachar and the Additional Deputy Commissioner, Cachar were present. The complainant was absent without steps.

The PD, DRDA, Cachar informed that he wrote a letter on 15.12.06 to the BDOs, Salchapra / Borkhola Development Block as well as Secretaries, Gaon Panchayat, Salchapra / Borkhola Development Block for furnishing information within 15 days to his office for forwarding the same to the complainant. Later on he wrote to them on 12.1.07 to furnish the information within 5 days for forwarding the same to the complainant. He also wanted to know from the BDOs Salchapra / Borkhola Development Block and the Secretaries of the Gaon Panchayat, Salchapra / Borkhola Development Block to let him know why penalty should not be imposed upon them as per the RTI Act 2005 for non furnishing of information. He fixed a date for reply on 27.1.2007. The PD, DRDA stated that he did not get any information from the BDOs as well as the Secretaries. He informed the Commission that the BDOs are notified as 1 st Appellate Authorities for the blocks while the next junior officers of the rank of Extension Officers are notified as PIOs in Cachar district. As such he asked the BDOs and the Secretaries to furnish information. The Additional Deputy Commissioner, Cachar informed the Commission that as per guidelines issued by the Director, Assam Administrative Staff College all the GP Secretaries have been notified as SPIOs of their office while in the BDOs offices officers of the rank of Extension Officers have been notified as SPIO and all the BDOs have been notified as 1 st Appellate Authorities. He also clarified that the Chief Executive Officer of Zilla Parishad is the controlling officer of the Block Development offices.

Decision of the Commission

The Commission observed that BDOs had been notified as the Appellate Authority in their offices while the Extension Officers had been notified as SPIOs. That caused the confusion as to the collection and furnishing of information. This system needs refining keeping in view the level of responsibility of the Public Authorities.

The Commission would like to advise that the BDO should be the SPIO in matters of his office. So also in the case of Circle Office, the C.O. should be the SPIO. The 1 st Appellate Authority in the case of BDO in the Block Development offices in the district should be the CEO, Zilla Parishad, 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 1 st appellate authority should be the Deputy Commissioner

In this particular case the Commission directed the PD, DRDA to summon the BDOs of Salchapra / Borkhola Development Block to appear in his office along with the replies within 15 days of the receipt of this order and send a correct and complete information to the complainant free of cost by the quickest possible means.

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. Sadhana Hojai, CEO, Cachar Zilla Parishad, Cachar,
2. Shri Dinabandhu Deka ADC, Cachar
3. Naresh Ghosh, PD, DRDA, Cachar
4. A.J. Laskar, APO (T) DRDA Cachar,
5. Sahajan Ahmed Kazi, General Secretary, Star Light Club Durgapur, P.O. Barjatrapur, P.S Borkhala, Dist- Cachar.
6. MD, AMTRON, Bamunimaidan
7. Office file.


Secretary
State Information Commission, Assam