Dated 04-06-2007

Name of the Complainant:
Miss Swati Sarkar,
C/o S.M. Sarkar, Advocate, Panbari Road,
P.O. Bijni, Dist. Chirang, Assam

Name of the Public Authority:
Secretary, Assam Higher Secondary Education Council,
Bamunimaidam, Guwahati.

The following were present:
1. Dr. D.D. Goswami, SPIO, AHSEC
2. Shri Sarat Ch. Gohain, Asstt. Secy, AHSEC

Background
In the judgement of this case dtd. 7.5.2007, the Commission directed the SPIO to cause an enquiry into the circumstances that caused delay in placing the letter of the petitioner before the Chairman, Assam Higher Secondary Education Council for his decision. The Commission observed that if the Chairman delay the Commission would take a decision for imposing penalty under Section 20( I) read with Section 5(5) of the RTI Act, 2005. The Commission also fixed to-day as the next date of hearing at 11.30 hrs.

Accordingly the SPIO, AHSEC accompanied by the Asstt. Secretary, AHSEC appeared before the Commission. The SPIO submitted that he made an enquiry into the matter of the missing letter and found that the same was received by the office of the Controller of Examinations of the Council on 18.1.2007 and was placed before the concerned authority on 15.2.2007 and the Chainllan of the Council directed to send one representation before the Commission for considering temporary exemption. He further submitted that due to serious illness of his mother he could not inform the Hon'ble.Commission about the receipt of the said appeal petition by the Chairman of the Council. He informed that in compliance with the orders of the Commission, copies of the answer scripts were given to the complainant. Both the SPIO and the Asstt. Secretary of the Council apologized and prayed before the Commission that the unintentional mistake in not informing the Commission about the receipt of the said appeal petition received in another branch of the Council's office be the Commission be pleased to exempt them from the proposed penalty.

The Commission accepted the apology tendered by the SPIO and the Asstt. Secretary of the Council with the observation that the Commission had already conveyed its decision that copies of answer scripts in any public examination conducted by the Council should be furnished on request under the RTI Act, 2005. The Council must abide by this direction of the Commission scrupulously in future and shall give no cause for grievance in this regard.

With this direction this case was closed as the petitioner had already been supplied with the answer scripts as per her request.

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. Chairman, Assam Higher Secondary Education Council, Bamunimaidam, Ghy.
2. Secretary, Assam Higher Secondary Education Council, Bamunimaidam, Ghy.
3. Dr. D.O. Goswami, SPIO, Assam Higher Secondary Education Council, Bamunimaidam, Ghy.
4. Shri Sarat Ch. Gohain, Asstt. Secy., Assam Higher Secondary Education Council, Bamunimaidam, Ghy.
5. Miss Swati Sarkar, C/o S.M. Sarkar, Advocate, Panbari Road, P.O. Bijni, Distt. Chirang, Assam.
6. MD, AMTRON, Bamunimaidan
7. Office file.


Secretary
State Information Commission, Assam