Dated 24-10-2007

Name of the Complainant:
Sri M.N Nath
C/o. Narendra Nath
Bench Section, Gauhati High Court
Guwahati

Name of the Public Authority:
Director, Employment & Craftsmen Trg.

The following was present:
Shri M. N. Nath

Brief of the case
On 7.9.07 a petition was received by the Chief Information Commissioner from Shri M. N Nath of Guwahati in which he alleged that the Director of Employment & Craftsmanship, Assam and his SPIO furnished information to him which were false and hence he had approached the Commission with this complaint.

The information sought for from the director were as follows:

1. Last advertisement published by Director, employment & Craftsmen Training for filling up Grade III/IV post (Direct recruitment) vide rules mentioned above.

2. Post so far filled up as per last advertisement.

3. Reason for not advertising since last advertisement

4. Number of post demanded by the Heads of the Department since last advertisement

5. Number of post so far filled up as per last demand

6. If any knowledge of appointment made although no advertisement published by the Director since last selection.

He stated in his petition that he drew the attention of the Public Authority and the SPIO regarding the inaccuracy of the information and in his petition dated 7.6.07 he sought for additional information also.

1. Whether the Public Authority and the SPIO obtained Form ER I & ER II regularly and date of latest information received so far under rule 6 of the Employment Exchanges (Compulsory) Notification of vacancies Act, 1959 read with Rules 1960?

2. Were the Public Authority and the SPIO satisfied with the information received so far, if not what action have been taken against the delinquent officers under the Rules?

3. Whether the office records were verified by the Public Authority and the SPIO under the authority given under section 6 of the said act mentioned at (1) above?

4. Except a few, all other heads of the Department did not care for any act or Rules and they appointed their persons through back doors flouting all Government Rules and Regulations.

He wanted employment - position regarding 15 Directorates as listed in his petition dated 7.6.07 and stated that there were appointments in most of the Directorates of the Government of Assam without notifying the posts. He also stated that he received a reply to his queries from the PIO vide his letter dated 31.7.07 but he was not satisfied with the reply either of the Director of Employment or of his PIO and hence approached the Commission with this complaint.

Submission of the Public Authorities
The Director of Employment and Craftsmanship submitted that his SPIO was absent as he was on leave and that the information was given to the complainant by his predecessor. The complainant submitted that the replies furnished by the Director of Employment vide his letter dated 23.11.06 were not fully correct. He pointed out that replies at point 2 and point 5 were confusing and contradictory. Also the reply to the point 6 was not true. Moreover in the replies to his letter dated 7.6.07 it was not clear whether any actions were initiated against the defaulting departments and as to which were the departments which furnished the returns. It was also not clear whether the Directorate was taking any action under the provisions of Employment Exchange (CNV)Act, 1959.

Observation of the Commission
The Commission observed that the contention of the complainant that the information provided at point 2 and point 5 was confusing as it was not clear whether only 21 persons or 191 persons were appointed from the select list was correct. Also the Director should collect information relating to point 6 for those 15 directorates as listed in the petition of the complainant dated 7.6.07. He should also be specific in his information whether any action as per the Central Act were initiated against the defaulting Directorates and also spell out as to which of the Directorates had furnished the returns.

Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the case decided to direct as follows:

1. The Director of Employment and Craftsmanship, Assam should furnish the information as to how many candidates were appointed from the select list prepared by his Directorate.

2. He should also ascertain from 15 Directorates whose names were listed in the second petition dated 7.6.07 as to whether latest returns No. ER I and ER.II were sent to his Directorate or not and if not to send the same immediately.

3. He should furnish specific information whether any action was taken against the defaulting departments which did not furnish the returns ER I and ERII. He should, in addition, inform which Directorates had submitted the said returns.

The Director should furnish the above information within 25 days.

With these directions, the Commission decided to close the case.



Sd/- (Dr. B K Gohain)
State Information Commissioner, Assam
Janata Bhawan, Dispur.


Memo No SIC/KP(M).67/2007 Dated October 24, 2007

CC:
1. The Director, Employment & Craftsmen Training, Assam, Rehabari, Guwahati - 8.
2. Sri M N Nath, C/o. Narendra Nath, Bench Section, Guwahati High Court, Guwahati.
3. The DIPR, Dispur, Guwahati.
4. MD, AMTRON, Bamunimaidan.
5. Office file.


P.S. to State Information Commission, Assam
Janata Bhawan Dispur