Shri Mrinal Kumar Nath and two others submitted a petition before the Public Information Officer, office of the Deputy Commissioner, Darrang on 18.7.06 under section 6 of the Right to Information Act seeking the following information;

(1) Procedure for obtaining the Legal Heir Certificate.

(2) Rules framed by the government for issuing Legal Heir Certificate.

(3) Date of suspension of issuance of such certificate by the Government.

(4) Specific order of the Government suspending the issuance of Legal Heir Certificate.

The complainant along with two others filed a complaint against the said Public Information Officer before this Commission on 1.9.2006 stating that in spite of receipt of the petition dated 18.7.06 by the said Public Information Commissioner, even after expiry of 40 days, the information was not furnished by him. Hence this complaint.

The Commission, being satisfied that there are reasonable grounds for initiating inquiry under Section 18 (2) of the said Act, issued a notice to the Deputy Commissioner, Darrang and the concerned Public Information Officer to appear before the Commission on 26.9.06 at 3.30 P.M.

Accordingly Shri P.C. Bhattacharjya, Public Information Officer of the office of the Deputy Commissioner, Darrang, along with Shri D.J. Das, Election Officer & APIO were a present on 26.9.06. The complainants Shri Mrinal Kumar Nath, Shri Hitesh Kumar Nath and Shri Sailendra Kr. Goswami were present.

Heard the complainants. Heard the Public Information Officer. It was informed by the PIO that the information as sought for by the complainants was furnished to them on 13.9.06 and the delay of 26 days was not deliberate and intentional and there was no intention of refusal of information. Delay was due to non-awareness of the certain aspects of the Right to Information Act, 2005. The complainants confirmed that they received the information but they were not informed about the procedure of obtaining Legal Heir Certificate. The PIO explained the procedure and clarified that as the issuance of Legal Heir Certificate has been discontinued as per instruction of the Government, the persons requiring Legal Heir Certificate will have to move the District and Sessions Judge for issuance of Succession Certificate.

The complainants were satisfied with this clarification.

Decision of the Commission

The Commission accepts the submission of the PIO and observes that as the Right to Information Act is still at the initial stage of implementation the awareness of the provisions of this Act has not come upto the desired level as yet. The Commission, therefore, refrains from imposing any penalty on the PIO but warns that such delays will not be tolerated in future. The Commission expresses satisfaction that the Deputy Commissioner, Darrang has undertaken to hold a Public-official awareness meeting in October, 2006 and hopes that the Deputy Commissioner, Darrang will make all out efforts to make this awareness programme a success by associating Heads of Offices, PIOs / APIOs and the members of the Bar, prominent citizens, media personnel of both Darrang and Udalguri districts.