Dated 20-09-2007

Name of the Complainant:
Shri J.C. Talukdar
Ganesh Electric Store
Motilal Nehru Road, Panbazar, Ghy-1.

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

The Commission had its sitting today i.e. 20.9.07 to consider the petition of Shri J. C. Talukdar, the appellant in Appeal No. 79/2007.

Brief of the case
The Commission on perusal of the records of the appeal petition of the appellant as well as his written submission and after hearing both the sides on 29.8.07 rejected the appeal under section 19 (8) (d) of the RTI Act, 2005. In the absence of Sri Talukdar, Shri M. Kalita, Advocate who was authorized by the appellant to represent him during the hearing of the appeal was very much present along with another person namely Sri R. Medhi. Shri Kalita made submission on behalf of the appellant both in writing and verbally.

Now the appellant in his petition dated 5.9.07 amongst other things submitted that his written submission before the Commission on 29.8.07 might not have been clear enough pertaining to the main ground that in the speaking order of the Executive Engineer concerned dated 12.5.06, there was a clear mention of some works of Circuit House carried out by M/s. Ganesh Electric Stores as per verbal instruction of the then Executive Engineer, Electrical Division to the tune of Rs. 26,000/- only against the claim of Rs. 14.85 lakhs of the said farm. This particular point was absent in the speaking order of the concerned Executive Engineer dated 17.6.06 and 10.7.06. Hence he had preferred this new petition before the Commission for review of the decision of the Commission.

Observation of the Commission
The Commission observed that there is no clause in the RTI Act, 2005 for reviewing the orders passed by the Commission. The Commission had already rejected the appeal preferred under section 19(8)(d) of the RTI Act, 2005 after hearing both the parties and after considering all facts and circumstances of the case and on perusal of the concerned records including the said speaking orders.

Decision of the Commission
The Commission therefore decided to reject the petition for review.

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 J.C. Talukdar, Ganesh Electric Store, Motilal Nehru Road, Panbazar, Ghy-1.
2. The DIPR, Dispur.
3. MD, AMTRON, Bamunimaidan.
4. Office file


Secretary
State Information Commission, Assam