Dated 09-05-2007

Name of the Complainant:
Shri Jyotish Ch. Talukdar,
Ganesh Electric Stores, Motilal Nehru Road, Panbazar, Ghy-l

Name of the Public Authority:
Shri M.R Das, Chief Engineer, PWD (Building)
Chandmari, Guwahati-3

The following were present:
1. Shri M.R Das, Chief Engineer, PWD.
2. Shri K.N. Das, S.E (P) & PIO.
3. Shri S.K. Bhattacharjee, R.O. & APIO.
4. Shri Jyotish Ch. Talukdar
5. Shri Mrinal Kalita
6. Shri Ranjit Medhi

The complainant was present along with Shri Mrinal Kalita and Shri Ranjit Medhii. Shri M.R. Das, Chief Engineer, PWD (Building), Assam, Guwahati as well as Shri R.N. Das, SE (P) & PIO and Shri S.K.Bhattacharjee, R.O. & PIO present.

Brief of the case

On 16.3.07 a petition of Shri Jyotish Ch. Talukdar of M/s Ganesh Electric Stores, Panbazar, Guwahati was received by the Chief Information Commissioner stating that he applied for information relating to payment of bills numbering eleven. But he did not get the information sought for from the PIO of the office of the Chief Engineer (Building), Assam in time.

Hence this complaint case

Submission of the parties

The complainant submitted before the Commission that he sent a letter to the Chief Engineer, PWD (Building), Chandmari , Guwahati on 16.1.07 requesting the Chief Engineer to pass necessary orders to ensure that all the related bills for 11 numbers of works done by him were passed for payment and information be furnished to him. However, this was not a petition under the RTI Act, 2005.

The first petition submitted by the complainant to the PIO of the office of the Chief Engineer, PWD (Building) Chandmari, Guwahati under the RTI Act was on 22.1.2007. He requested PIO to inform him the position of the bills and status of payment including action taken by the concerned officers of the department for onward transmission to the Government of Assam for releasing the fund in February and the cause as to why the works as per the list enclosed by him were not included in the demand of fund submitted on 29.1.2007 by the concerned Executive Engineer. A list of the works was enclosed by him with his petition. In addition, the petitioner wanted the information regarding payment of bill for repairing the Central Air Conditioning System in the Rabindra Bhawan, Guwahati. He submitted a reminder on 31.1.07 but did not receive any reply.

The SPIO submitted before the Commission that the petition dtd. 22.1.2007 was received by him on 24.1.07 and on receipt of the same he sought for information from the Executive Engineer, PWD (Electrical Division). The SPIO said that along with the petition of the complainant, a list of 7 works was enclosed which he sent to the Executive Engineer, PWD (Electrical Division), Guwahati on 19.2.07. The Executive Engineer (Electrical Division), Guwahati sent the information to the complainant on 27.4.2007 which was received by the complainant on the same date.

The complainant stated before the Commission that he was happy with the reply received by him from the Executive Engineer, PWD (Electrical Division), Guwahati relating to 11 works amounting to Rs.1,45,000/-. However, he was not happy with the reply relating to another work i.e. repairing of Central Air Conditioning for Rabindra Bhawan, Guwahti. He submitted that the Executive Engineer issued a completion certificate regarding the work of the Rabindra Bhawan, Guwahati assigned to him but he was not happy with the reply of the Executive Engineer, PWD, (Electrical Division), Guwahati that the work worth Rs. 55,000/- was only completed. He also submitted that he was not satisfied with the reply of the Executive Engineer, PWD(Electrical Division), Guwahati relating to renewal of the registration of the M/s Ganesh Electric Stores as a registered contractor under the PWD and requested the Commission to intervene the matter

Observations of the Commission

The Commission found that it took the PIO of the office of the Chief Engineer, PWD (Building) to call for a report from the Executive Engineer, PWD (Electrical Division), Guwahati nearly a month. The information should have been furnished by the PIO on 23.2.07 but the complainant received the information only on 27.4.07. It was obvious that things started receiving attention of the public authorities only after the Commission took cognizance of the petitioner's complaint dtd. 12.3.07 and issued notices for hearing. It was clear that the PIO had made an inordinate delay in this regard. The Commission wanted to know from the PIO as to why penalty as contemplated under Section (20) (1) of the Act at the rate of Rs.250/- per day for each day of delay should not be imposed on the PIO. The PIO apologized before the Commission for the delay and prayed for not imposing the penalty on him as the delay was not intentional.

Decision of the Commission

The Commission on careful consideration of the fact and circumstances of the case as stated herein before, decided not to impose any penalty on the PIO accepting it to be his first omission and let him off with a warning to be careful in future.

The Commission further instructed the complainant to approach the Chief Engineer, PWD (Building), Assam, Guwahati who is the First Appellate Authority under the RTI Act, 2005 to submit appeal relating to the works of repair of the Central Air Conditioning System in the Rabindra Bhawarl, Guwahati and non renewal of the registration of his firm as they fall within the scope of Section 19 (1) of RTI Act, 2005.

The case was disposed of with this direction.

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 (Building), Chandmari, Guwahati-3.
2. Shri K.N. Das, Superintending Engineer (P) & PIO, office of the Chief Engineer, PWD (Building), Chandmari, Guwahati - 3
3. Shri S.K. Bhattacharjee, R.O. & APIO, office of the Chief Engineer, PWD (Building), Chandmari , Guwahati - 3.
4. Shri Jyotish Ch. Talukdar, Ganesh Electric Stores, Motilal Nehru Road, Panbazar, Guwahati-1.
6. MD, AMTRON, Bamunimaidam for website uploading
7. Office file.


Secretary
State Information Commission, Assam
Janata Bhawan, Dispur.