Brief of the Case

The Commission directed the SPIO to locate the documents called for by the complainant and to furnish the same within 29.1.2007 failing which action under section 19 (8) (b) of the RTI Act was to be considered.

The complainant stated clearly before the Commission that he had lost all the records pertaining to his service career. The complainant informed the Commission that he was appointed to officiate in the Selection Grade of IPS in 1975 along with Sri J.K. Sinha. He (complainant) further informed the Commission that he was promoted to the rank of the DIG of Police in August 1978. While he was serving in the office of Home Guard & Civil Defence, Guwahati he retired in November 1978.

The SPIO submitted before the Commission that the Home Department had deputed officers of the Director General of Police, Assam as well as the AG, Assam.

While the Senior Accounts Officer of the office of the AG, Assam informed the office of the Home Department verbally that records are not available relating to the complainant Sri J. S. Basumatary, IPS (Retd), the office of the Home Department could locate a copy of the notification No. HMP.253/72/Pt.1/10 dated 17.6.1975 from the DGP office and furnished a copy to the complainant in presence of the Commission. The SPIO submitted that since, according to the complainant he was promoted to the rank of DIG while serving in Home Guard & Civil Defence office, the Home (B) Department might have the records relating to his promotion as DIG of Police. The SPIO submitted that in view of the fact that the case is a very old one she needed more time to locate the files in the Home (B) Department and to confirm if the records are available or not.

Decision of the Commission

The Commission considered the matter and directed the SPIO of the Home Department to take up the matter with the Home (B) Department and with the AG, Assam and locate the documents as sought for by the complainant. The Commission further directed that the complainant should submit a petition to the Deputy Secretary, Home Department enclosing a copy of the notification No. HMP.253/72/Pt.1/10 dated 17.6.1975 praying for fixation of pay and salary in the Selection Grade of IPS as the complainant verbally submitted that he had not received the pay scale in the selection grade of IPS. The Commission also directed that the complainant should state in the said petition about the fact of his promotion to the rank of DIG of Police and request the Home Department to fix is pay as well as pension in the rank of DIG of Police.

The Commission fixed 15.3.07 for locating the documents and furnishing the same to the complainant.