PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case Nos : 69/2006
Dated 18th December 2006

Name of the Complainant:
Sri Jnan Sankar Basumatary, IPS (Retd)
D.I.G. of Police, Assam, Vill. Kahilipara,
Guwahati, 1st Gate, 10th A.P.Bn.


Name of the Public Authority:
Home (B) Department


Brief of the Case
Sri Jnan Sankar Basumatary, IPS (Retd) submitted a petition on 22.8.06 to this office requesting for:
(i) document conferring selection grade in IPS to him in 1975.
(ii) the promotion order as the Deputy Inspector General of Police on 25.8.1978.
(iii) order of upgrading the post of the Deputy Inspector General of Police in the Home Guard to the Deputy Inspector General of Police in the police department.

1. The petition was transferred under section 6 (3) of the RTI Act, 2005 to the Commissioner & Secretary, Home Department from this office vide No. SIC.70/2006/4 dated 23.8.2006 for furnishing information. The Home Department seems not to have acted on this petition and accordingly Shri Basumatary submitted another petition on 21.11.2006 with the complaint that no information has been received from the Home Department by him.

2. The Commission decided to inquire into the complaint under section 18 (2) of the R.T.I. Act, 2005 and accordingly notices were issued to the Commissioner & Secretary Home Department and the PIO to be present in the Commission office for the inquiry today at 11.30 AM. Notice was also sent to the complainant to represent his case at the hearing.

3. At the time of hearing neither the complainant nor the respondents were present. Subsequently, on being reminded by the Commission office orally, in the afternoon the PIO of the Home Department came with the explanation that she didnot get the notice on time as it was misplaced and prayed for time.

Observation by the Commission

The Commission noted with concern that though the notice issued to the Commissioner & Secretary, Home Department / PIO was received by the personal staff of the Commissioner & Secretary, Home on 28.11.06 and the Commissioner & Secretary, Home had marked the letter to Home - A Department, somewhere on the way the notice got misplaced and it was quietly forgotten. The Commission expresses its dissatisfaction in the manner in which notices have been dealt with. It indicates the attitude of indifference to implementation of RTI Act. This sort of attitude will not benefit the people of the State nor it is in the interest of the Government.

Decision of the Commission

The Commission has considered the request of the PIO and re-fixes the next hearing on 28.12.06 at 11.30 AM. Notices to be issued to the PIO of the Home Department and the petitioner accordingly.

The observation of the Commission is to be brought to the notice of the Chief Secretary to the Government & ART, Department for corrective steps.


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

(L.C. Borah)
Under Secretary
State Information Commission, Assam
Janata Bhawan, Dispur.

Memo No SIC. 70/2006/8, dated December 18, 2006

CC:
1. The State Public Information Officer, Home Department.
2. Sri Jnan Sankar Basumatary, IPS (Retd), D.I.G. of Police, Assam, Vill. Kahilipara, 1st Gate, 10th A.P.Bn. Guwahati
3. The Chief Secretary, Government of Assam. He is requested to note the observation of the Commission and take necessary corrective measure to prevent reoccurrence of such an approach to the Commission by the Government Department.
4. The Additional Chief Secretary, A.R. & T Department for necessary action.
5 . MD, AMTRON, Bamunimaidan.
6 . Office file.