Dated 25-04-2007

Name of the Complainant:
Amirul Haque Choudhury,
P.O. Berenga,
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 Authority

Brief of the case

On 03.03.07 a petition was received from Amirul Haque Choudhury, Berenga, Cachar by the Chief Information Commissioner in which it was stated that he sought information from the Secretary, Berenga Gaon Panchayat but he did not get response from him. He also submitted appeal before the Deputy Commissioner, Cachar on 6.1.07 but response was not received till date. Hence this complaint

The information sought for by the complainant are as follows:
1. Annual Action plans for the year 2003-04, 2004-05, 2005-06 and 2006-07
2. Names and full address of the beneficiaries of "Indira Awas Yojana" for the last 3 financial years.

Submission of the Parties

The complainant was absent without steps. The Chief Executive Officer of Zilla Parishad as well as the Additional Deputy Commissioner, Cachar were present.

The Chief Executive Officer, Zilla Parishad informed the Commission that she wrote to the Secretary, Berenga Gaon Panchayat asking him to be present before her on 3 rd April 2007 with the original petition of Amirul Haque Choudhury. The Secretary, Berenga Gaon Panchayat gave her written information on 30.3.2007 that he did not receive any petition under the RTI Act from Amirul Haque Choudhury and hence he could not furnish the copy of the same. As such she wrote to Amirul Haque Choudhury asking him to submit a petition to the concerned Gaon Panchayat Secretary for taking further action. On 21.4.07 she received a photocopy of the petition of Choudhury from the Additional Deputy Commissioner, Cachar. On receipt of the petition she wrote to the Secretary incharge, Berenga Gaon Panchayat on 21.4.2007 to furnish detailed particulars on 23.4.07 positively as the Gaon Panchayat Secretary furnished some unsigned information which cannot be treated as valid official documents.

Decision of the Commission

The Commission on careful consideration of the facts and circumstances of the case found that the Deputy Commissioner, Cachar received the application of Amirul Hoque Choudhury on 6.1.07 but forwarded the same to the CEO, Zilla Parishad on 21.4.07 which has taken for more than 3 months' time for transferring the petition. The submission of the Additional Deputy Commissioner, Cachar that the paper was misplaced and could be located it only on 21.4.2007 speaks volume of callousness with which RTI petitions are dealt in the office of Deputy Commissioner, Cachar. The Commission viewed that the delay is caused in the office of the Deputy Commissioner, Cachar and warns the Deputy Commissioner Cachar to be very careful in dealing with the RTI applications / appeals. If such delays occur in future the Commission will be constrained to take action under section 20 of the RTI Act.

The Commission directed the CEO to furnish the information to the complainant by a quickest possible means within 15 days of this order.

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, Naresh Ghosh, PD, DRDA, Cachar
3. Amirul Haque Choudhury, P.O. Berenga, Dist- Cachar.
4. MD, AMTRON, Bamunimaidan
5. Office file.


Secretary
State Information Commission, Assam