Dated 29-08-2007

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

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

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

The appellant absent. However Shri M Kalita, Advocate and Sri R Medhi an employee of the appellant present. The Commission allowed the advocate Shri M. Kalita to present the case on behalf of the appellant. 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 concealing 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.

Submission of the parties:
Shri R. Kalita, Advocate submitted before the Commission that the appellant had clearly stated the reason for appeal against the decision of the 1st Appellate Authority i.e. Chief Engineer, PWD (B), Assam in his petition dated 21.6.07 before the State Chief Information Commissioner. He submitted that the appellant made written submissions before the Hon'ble Commission which might be taken into consideration while deciding the appeal The fact of the matter, according to Shri Kalita, was that the Public Information Officer concealed that fact that the appellant had made a claim for Rs. 2,11,654.17 for the works executed in the Circuit House, Guwahati and instead he (SPIO) admitted that only works worth Rs. 26,000/- was done in the Circuit House by the appellant.

He clarified that the Officer-in-charge, Guwahati Circuit House, Government of Assam issued a certificate on 24.04.06 to the fact that the said work was completed by the appellant as per the direction of the Assistant Engineer / junior Engineer, PWD and the value of the work done was Rs. 2,11,654.17. He submitted that the First Appellate Authority did not accept the claim of the appellant for the works done by him in the Circuit House which was certified by the then OSD, Sri S.R. Bara, ACS. Shri Kalita prayed before the Commission that the Commission should accept the appeal and direct the Executive Engineer PWD (Ele) Div. Guwahati to accept the claim of Rs. 2,11,654.11.

The Chief Engineer, PWD (B), who is the First Appellate Authority in the case submitted before the Commission that he had not considered the claim of the appellant for this amount. During the hearing of the appeal the Executive Engineer, PWD (Electrical Division) submitted before him that some works of Circuit House, Guwahati to the tune of Rs. 26,000/- were executed by M/s. Ganesh Electric Stores, Guwahati-l under the verbal instruction of some officers of the PWD. He further stated that M/s. Ganesh Electric Stores claimed a huge amount against the executed work of Rs. 26,000/- which was assessed by the department after actual measurement of the work.

The Chief Engineer, PWD also submitted before the Commission that during the hearing of the first appeal the Additional Chief Engineer (Electrical) submitted before him that he had also received a pleader notice of the said work asking for payment of Rs. 15 lakhs for the work and also informed that he had received a copy of another letter addressed to the Chief Secretary to the Government of Assam demanding payment of Rs. 14,26,129.00 for the same work executed by the appellant. He further clarified that he wanted to know from the appellant during the hearing whether he had anything to say regarding the document for claiming of Rs. 15.00 lakhs when the appellant replied that the claim was made by mistake.

Shri Kalita representing the appellant submitted before the Commission that a pleader notice issued by the appellant claiming Rs. 15.00 lakhs for the work done in the Circuit House as per verbal orders of the PWD officers was made by mistake. In fact the amount should have been Rs. 2,11,654.17 as certified by the OSD Guwahati Circuit House. He also informed the Commission that in the appeal petition submitted by the appellant before the Commission it was clearly stated that an estimate of Rs. 14.85 lakh was prepared by the PWD under the instruction of the Deputy Secretary, Government of Assam, General Administration Department vide his letter No. GAG(B)177/2005/2 dated 8.6.2005 and till 1.4.06 the applicant executed the work of Rs. 2,11,654.17 as per the certificate issued by the then OSD, Guwahati Circuit House. The Go ahead order for electrical works in the Circuit House was issued by the Deputy Secretary, Government of Assam, GAD to the Chief Engineer, PWD vide letter dated 8.6.05. Based on that go ahead order the firm did the work. He claimed that the work was not worth Rs. 26,000/- but its was worth Rs. 2,11,654.17. He submitted that an enquiry was ordered by the Chief Secretary, Government of Assam in to the matter directing the Additional Deputy Commissioner, Kamrup (M) in charge of Circuit House (Shri Ratul Mahanta) to conduct a detailed inquiry into the matter. The Additional Deputy Commissioner, Kamrup (M) accordingly enquired into the matter and recorded the statement of the appellant in course of his enquiry. He prayed that a copy of the report of the said enquiry be submitted before the Commission for proper adjudication of the appeal.

He submitted that in the first speaking order of the Executive Engineer, PWD, Guwahati (Ele Division) there was a mention of the works done by the appellant in the Circuit House, Guwahati which was not mentioned in his second speaking order.

He therefore submitted that disallowing the claim of Rs 2,11,654.17 for the works executed in the Circuit House as against the admitted dues of Rs. 26,000/- only in the subsequent speaking order of the Executive Engineer PWD (Ele. Div) was due to the biased attitude of the said officers of the PWD. He prayed to the Commission to consider this genuine claim of the appellant and direct the PWD to pay up the dues for the work done by the appellant.

Observation of the Commission
The Commission observed that the claim of Rs. 2,11,654.17 made by the appellant for the work done in the Circuit House on the basis of the verbal orders of some PWD officials and as certified by the then OSD, Circuit House of Guwahati was departmentally assessed by the Executive Engineer, PWD (Ele. Division) at Rs. 26,000/-, while a pleader notice of Rs. 15.00 lakh was sent by the advocate of the appellant to the PWD.

On perusal of the certificate issued by the then OSD, Circuit House, Guwahati the Commission was surprised as to how he could issue such a certificate without authority. However the Commission did not want to' go into the merit of the claim; rather the Commission wanted to see whether the information sought for by the appellant from the SPIO was furnished in full or not and whether the order of the First Appellate Authority in rejecting the appeal petition of the appellant was justified or not.

The Commission however found it necessary to bring the matter of issue of certificate by the then OSD, Circuit House namely Shri Shyamanta Rabi Bara, ACS to the notice of the Chief Secretary to the Government of Assam as it was totally unauthorized in the opinion of the Commission.

Decision of the Commission
The Commission on perusal of the records and the appeal. petition of the appellant as well as the written submission of the appellant and after hearing both the sides found that information furnished by the SPIO of the office of Chief Engineer, PWD (B) Assam was not false as the same was furnished based on records. The Commission also found that the decision of the 1st Appellate Authority i.e. the Chief Engineer, PWD (B) Assam rejecting the appeal of the appellant was totally in order.

In view of the above, the Commission rejected the appeal under section 19 (8) (d) of the RTI Act, 2005.

Copy of this order will be sent to the Chief Secretary by the Secretary of the Commission for his necessary action on the observation by the Commission on issue of work completion certified by the OSD, Guwahati Circuit House.

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 Bhattacharjee, R.O. APIO
5. Shri J.C. Talukdar, Ganesh Electric Store, Motilal Nehru Road, Panbazar, Guwahati-l.
6. DIPR, Dispur, Guwahati.
7. MD, AMTRON, Bamunimaidan.
8. Office file.


Secretary
State Information Commission, Assam