Dated 03-05-2007

Name of the Complainant:
Shri Jabadal Das

Name of the Public Authority:
S.P. Nagaon.

The following were present:
1. Shri Arnab Deka, APS, Addl. S.P. (Hqrs), Nagaon.
2. Shri Biswajit Roy, Barsapara, Guwahati-18 - Complainant's son-in-law

The complainant's son-in-law Shri Biswajit Roy present. The Addl S.P.(Hqs), Nagaon present

Brief of the case

On 14.3.07, the Assam Information Commission received a complaint from Shri Jabadal Das of Hojai stating that he wrote to the PIO of the office of the S.P., Nagaon seeking information observing all formalities vide his letter dated 22.11.06 but he did not receive any information from the PIO.

The information sought for are as follows:

1. Case Number, sections of law with name of IO, if any, on the complaint lodged by me at Hojai PS on 29.03.2004
2. Any GD entry reference of Hojai PS regarding the PO visit/enquiry by SI, Laba Kalita on 29.03.2004.
3. On 16.11.2005 Sri Girin Medhi, APS , SDPO, Hojai visited my place and visited the PO site, conducted enquiry. A copy of the office orders on which the SDPO initiated the enquiry may kindly be furnished.
4. Copy of the enquiry report submitted by SDPO, Hojai to his higher boss on completion of the enquiry referred in item 3 above.
5. Witnesses examined (with names and addresses) by Hojai P.S. IO in the case.
6. Steps taken by I/O for recovery of the booties and the result thereof.

Submission of the parties

The Addl. S.P (Hqrs), Nagaon submitted that the S.P., Nagaon sent a reply on 20.3.07 enclosing a copy of the enquiry report of SDPO, Hojai and a copy of the report of the Chairman, Hojai Municipal Board, Hojai.

The representative of the complainant submitted that the five numbers of culverts worth Rs. 10,000/- do not belong to the Municipality but but belong to the complainant. The culverts were installed with the labourers at his own cost. These culverts were removed by the Hojai Municipal Board.

Decision of the Commission

The Commission perused the records as well as the report of the S.P., Nagaon along with the enclosures. The Commission found that in the report of the Chairman, Hojai Municipal Board, it was not stated that the Hume Pipe/culvert rings belong to the Municipal Board. As such, the Commission is not inclined to accept the report of the S.P., Nagaon that the culvert rings were the properties of Hojai Municipal Board.

The Commission further observed the following:

1. The information was sought for by the complainant on 22.11.06 while the information was furnished to the complainant on 20.3.07 only, that too incomplete, false and misleading.

2. The S.P., Nagaon is the PIO of his office and a notice was issued to him to appear before the Commission. However, the SP, Nagaon instead of appearing before the Commission personally, deputed Shri A. Deka, Addl. S.P (Hqrs), Nagaon. If he was not able to attend the hearing on account of some other urgent preoccupation he should have intimated the Commission about the same so that the Commission could refix the hearing. The Commission is inclined to believe that he deliberately avoided appearing before the Commission without seeking prior permission from the Commission to do so.

3. The information furnished was incomplete, false and misleading.

The Commission, therefore, directed the SP, Nagaon to appear before the Commission on 29.5.2007 at 11.30 AM for hearing and to show cause why penalty should not be imposed on him for not fUl1lishing the information as required VIS 7(9) of the RTI Act, 2005 within 30 days Le., within 21.12.06. The Commission proposed to impose penalty on him w.e.f 21.12.06 till complete and correct information is furnished to the complainant D/S 20 (I) of the RTI Act, 2005. The Commission found the enquiry to be slipshod and decided to direct the SP, Nagaon to conduct a fresh enquiry within a month.
Next date of hearing is fixed on 29.5.2007 at 11.30 hrs.

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. Superintendent of Police, Nagaon.
2. Shri Amab Deka,Addl. S.P. (Hqrs), Nagaon.
3. Shri Jabadal Das, C.R. Das Road, Gobindapally, Hojai, Nagaon
4. MD, AMTRON, Bamunimaidan for website uploading
5. Office file.


Secretary
State Information Commission, Assam