PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. 66/2007

Dated 26-04-2007

Name of the Complainant:
Salim Ahmed
Secy. Krishak Bandhu Water Users
Association, ViII- Bawluri,
P.O.- Chirakuti Bazar, Dhubri

Name of the Public Authority:
D.F.D.O. Dhubri

The following were present:
1. Shri Basanta Kr. Sarma Executive Engineer, Irrigation Deptt
2. Saqil Mahamad Ahmed Exe. Engr. Irrigation Deptt.
3. Shri A. B. Ansary Junior Engineer - Public Authorities

Brief of the case

On 07.03.07 a petition was received by the Chief Information Commissioner from Salim Ahmed, Bawluri, district Dhubri to the effect that he filed a petition before the PIO, Deputy Commissioner's Office, Dhubri asking for information regarding proper implementation procedure including plan and estimate in details for setting up of Jaleswar Lift Irrigation Scheme by 35 HP Diesel Pump with PVC pipeline covering 350 Hector in Jaleswar area under the District Development Plan for 2006-07 under the provisions of RTI Act, 2005. The concerned PIO of D.C's Office, Dhubri sent the same to the Executive Engineer, Mankachar Irrigation Division, Hatsingimari with the instruction that the information should be sent to the complainant within 30 days as per provisions of RTI Act, 2005. But the PIO failed to provide the required information in time. Hence this complaint case.

Submission of the parties


The complainant was absent without steps. Shri B.K. Sarma, Executive Engineer, Irrigation Deptt, Shri Saqil Mahamad Ahmed, Executive Engineer, Irrigation Deptt, Mankachar and Shri A.B. Ansary, Junior Engineer of the office of Executive Engineer, Irrigation, Mankachar were present.

Shri B.K. Sarma, informed that he had already handed over the charge of the Executive Engineer, Irrigation Department and Shri Saqil Mahamad Ahmed had taken over the charge as Executive Engineer, Irrigation Deptt. However as he (B.K. Sarma) was the PIO of the office during the period when the petition for information was submitted by the complainant he came personally to present the case before the Commission.

Shri Sarma informed the Commission that he received the petition as forwarded by the PIO of DC's office Dhubri on 22.2.07. The petitioner wanted the information regarding the tender process including the plan and estimate for setting up of Jaleswar Lift Irrigation Scheme in detail. He however informed the petitioner that the petitioner was interested to get the contract for the same. But as he did not participate in the tender process his case could not be considered.

The Executive Engineer, Irrigation informed the Commission that the necessary information was sent to him on 12.3.07 with a copy to the Deputy Commissioner, Dhubri. He produced a copy of the record in this regards.

Decision of the Commission

The Commission on careful consideration of all the facts and circumstances of case decided to hear the case as ex-parte. On perusal of the records produced by the Executive Engineer, Irrigation Mankachar it was found that the PIO of the DC's office Dhurbi sent the petition of Salim Ahmed on 17.1.07 by post which was received by the Executive Engineer, Irrigation on 22.2.07 and the Executive Engineer, Irrigation sent the required information to the complainant vide his letter dated 12.3.07. The Commission observed that it took more than one month to receive the petition (sent by the PIO, DC's office Dhubri) by the Executive Engineer, Irrigation, which is a matter of concern. However as the information was furnished to the complainant, the Commission decided to treat the case 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.70/2007/11 Dated April 26, 2007

CC:
1. Saqil Mahamad Ahmed Executive Engineer Irrigation Deptt. Hatsingimari, Dist. Dhubri,
2. Salim Ahmed, Secretary, Krishak Bandhu Water Users Association, Vill- Bawluri, P.O. Chirakuti Bazar, Dhubri
3. Deputy Commissioner, Dhubri for information and necessary action.
4. MD, AMTRON, Bamunimaidan
5. Office file.


Secretary
State Information Commission, Assam