Dated 07-08-2007

Name of the Complainant:
Shri J.C. Talukdar
Ganesh Electric Store
Motilal Nehru Road, Panbazar, Ghy-l.

Name of the Public Authority /SPIO
Chief Engineer, PWD (Building)

The following were present:
1. Shri M.R Das, Chief Engnr. PWD, (B)
2. Shri Debashis Saha, Addl. CE (E)
3. Shri Khagendra Nath Das, SE (BT & P) & PIO
4 Shri Samir Kr. Bhattacharjee, RO. APIO

The appellant absent showing cause vide his petition dated 7.8.07 praying for adjournment of the case in view of the sudden demise of his sister at Nalbari. The Chief Engineer, PWD (B), Guwahati along with three others present.

Brief of the case
This is an appeal under Section 19 of the Right to Information Act, 2005 against the decision of the First Appellate Authority, i.e. Chief Engineer, PWD (building) Assam issued vide Memo No. CE(B)HS/RTI/06/07/Pt.II/5-A dated 21.6.07. The fact of this case is that the appellant Shri Jyotish Chandra Talukdar, Managing partner of M/s Ganesh Electric Stores, Guwahati submitted the first appeal before the Chief Engineer, PWD (Building)Assam vide his petition dated 12.5.07 in which he alleged that the Public Information Officer of the office of the Chief Engineer, PWD(B) Assam concealed the fact of some work done by them as per verbal direction of the officers of the Department in the month of August, 2005 on emergency basis for the visit of a Hon'ble Justice of the Supreme Court of India and that the PIO furnished a false statement with a view to conceal the fact. He alleged that a ground was mentioned by the PIO in his 'first speaking order' which was subsequently dropped in 'the next speaking order' after the Hon'ble Gauhati High Court's direction.

The First Appellate Authority i.e. the Chief Engineer, PWD (B) Assam received the appeal petition dated 11.5.07 of the appellant on 16.5.07 in which it was stated that the reply submitted by the Executive Engineer, PWD, Guwahati Electrical Division vide his No. 9128 dated 5.5.07 was false and misleading and hence the first appeal.

The First Appellate Authority i.e. Chief Engineer communicated his decision to the appellant that the information submitted by the Executive Engineer, PWD, Guwahati Electrical Division to M/s. Ganesh Electric Stores was not false and misleading and hence his appeal was rejected.

Hence this second appeal case.

Decision of the Commission
The Commission accepted the prayer for adjournment of the case and fixed 29.8.07 at 11.30 AM as next date for hearing of the case.

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. Shri M.R Das, Chief Engineer, PWD (B), Guwahati.
2. Shri Debashis Saha, Additional Chief Engineer, (E), Guwahati
3. Shri Khagendra Nath Das, SE (BT & P) & PIO, Guwahati
4. Shri Samir Kr Bhattachatjee, RO. APIO
5. Shri J.C. Talukdar, Ganesh Electric Store, Motilal Nehru Road, Panbazar, Guwahati-l.
6. The DIPR, Dispur
7. MD, AMTRON, Bamunimaidan
8. Office file.


Secretary
State Information Commission, Assam