Shri Jayanta Deka, Advocate, Mangaldai along with 4 other advocates submitted a petition on 8.8.06 under section 18 of the Right to Information Act , 2005 before this Commission stating that the petitioners filed an application on 14.6.06 under section 6 of the RTI Act, 2005 seeking certain information pertaining to the requisition of Mangaldai Govt. Higher Secondary School during the last parliamentary and Assembly Elections and the application was received by the Assistant Public Information Officer, office of the Deputy Commissioner, Darrang, Mangaldai on 16.6.06. But even after expiry of nearly 50 days the information was not furnished by the Public Information Officer.

The Commission perused the application addressed by the petitioner to Smt. Kanta Das, the then Assistant Public Information Officer, office of the Deputy Commissioner, Darrang, Mangaldai. The petitioners sought for the following information:

1. (a) The expenditure incurred by the District administration / District Election officer in the renovation of the Mangaldai Government Higher Secondary School (MGHSS) and shaping the MGHSS as a strong room and a counting hall during the Parliamentary Elections held in the year 2004.

(b) Date of requisition of the MGHSS and period of requisition in the year 2004.

2. (a) The total expenditure incurred by the District Administration / District Election Office in renovation of the Mangaldai Govt. H. S. School (MGHSS) and shaping the MGHSS as a “Strong Room” & a counting hall during the last assembly elections held in the year 2006.

(b) Period of requisition of the MGHSS for the last assembly election.

(c) Requisition order.

Accordingly a notice was issued to the Deputy Commissioner, Darrang, Mangaldai under section 18 (2) of the RTI Act, 2005 asking the Public Information Officer of the Deputy Commissioner’s office, Mangaldai or in his absence the Deputy Commissioner, Darrang, Mangaldai to appear at the Commission’s Office on 20.9.2006 with all details / records concerning the complaint.

The Commission heard Shri Jayanta Deka, Advocate who was present with two other complainants namely Shri Mrinal Kr. Nath and Shri Sailendra Kr. Goswami. The Commission also heard Shri P.C. Bhattacharjee, Additional Deputy Commissioner, Darrang, Mangaldai, who is the Public Information Officer, Smt Kanta Das, the then APIO and Shri D.J. Das, Election Officer & APIO were also present.

The PIO Darrang confirmed receipt of the application seeking information by Shri Jayanta Deka and others and stated that the contact details of the applicant / applicants along with proof of payment of application fees for furnishing information within 30 days of the receipt of the application were not furnished. The complainant Shri Deka, however, clarified that in his application before the APIO the addresses of the petitioners were sufficiently furnished.

The Chief Information Commissioner observed that all the required details including the address were given by the petitioners in their application to the APIO. The Chief Information Commissioner observed that the PIO should have written to the petitioners asking them to deposit the fees if the fees were not paid by them in any form. The PIO admitted that he did not write to the petitioners and informed that on 6.7.2006 on verbal request by the Branch Assistant of the Administrative Branch of the office of the Deputy Commissioner, Darrang the petitioner deposited the required fees in cash on 20.7.2006 and a receipt was issued to him. The PIO informed the Commission that the information as sought for by the petitioners were furnished to them on 7.8.2006. The complainant confirmed that they had already received the information as furnished by the PIO.

Decision of the Commission

The Commission after hearing both the parties found that the information wanted by the petitioners was furnished by PIO on 7.8.2006 after the petitioners deposited the required fees (Rs. 10/-) by cash on 20.7.2006. It appears that there was a misconception on the part of the PIO that unless the required fees are deposited by the petitioners the information cannot be furnished. The PIO also counted the number of days from 20.7.2006 (i.e. the day of deposit of fees by the petitioners) thinking that the time limit of 30 days for furnishing information to the petitioners should be counted from the date of deposit of fees. This is not the correct position. The Right to Information Act, 2005 is people friendly and as such the public authorities / PIO should make it easier for the public to seek information from them. The PIO should have asked the petitioners in writing to deposit fees for the information. However, as this legislation is relatively new and people as well as the officers are not very much aware of various clauses of the Act, the Commission does not consider it necessary to impose any penalty on the PIO for his delay in furnishing the information to the petitioners. Nevertheless the Commission finds it necessary to issue the following directions to the Deputy Commissioner Darrang / PIO.

(1) As there was a delay in furnishing information by the PIO to the petitioners, the fees of Rs. 10/- paid by the petitioners should be refunded to them in terms of section 7 (6) of the RTI Act, 2005.

(2) The Deputy Commissioner, Darrang, Mangaldoi will display the names of the PIOs and APIOs in the signboards in prominent places and instruct other Heads of offices to do likewise in all their offices.

(3) The Deputy Commissioner, Darrang will act to comply with the provisions of section 4 of the RTI Act, 2005 as is reasonably practicable within the shortest possible time.

(4) The Deputy Commissioner, Darrang should take the lead in organizing a seminar or an Interactive session with the officers and prominent citizens in his district headquarters to discuss on various clauses of the Act and their implementation. The Commission expresses its willingness to extend its help by way of presence of the Chief Information Commissioner / Information Commissioner for such seminar / Interactive session if the date fixed is convenient to them.