Dated 25-05-2007

Name of the Complainant:
Shri M.N. Nath,
C/o Shri Narendra Nath , Bench Section,
Gauhati High Court, Guwahati.

Name of the Public Authority:
Shri K.K. Mittal,
Commissioner & Secretary,
Labour & Employment Deptt., Assam, Dispur, Guwahati.

The following were present:
1. Shri K.K. Mittal,
Commissioner & Secretary,
Labour & Employment Deptt..

2. Shri P.P. Barooah, Joint Secy.,
Labour & Employment Deptt.

3. Shri M.N. Nath, Gauhati High Court.

The Appellant present. The Commissioner & Secretary, Labour & Employment Department ( the First Appellate Authority) along with the State Public Information Officer present.

Brief of the case
On 27.3.07 an appeal petition was received by the State Chief Information Commissioner from Shri M.N. Nath in which the appellant stated that he applied for certain information from the State Public Inforn1ation Officer, Labour & Employment Deptt. regarding appointments made in the Heads of the Departments in some formats. However, he did not receive any reply from the SPIO and so submitted an appeal before the Commissioner & Secretary, Labour & Employment Deptt. He received a reply from the Commissioner & Secretary, Labour & Employment Deptt who is the First Appellate Authority informing him that he should get the information from the respective Heads of the Departments, who are the appointing Authorities. Hence this Appeal.

Submission by the parties
The Appellant submitted that he wanted certain information relating to appointments made in the Heads of Departments since 1988. He first approached the Department of Personnel seeking the same but they informed him that the Director of Employment may be able to give information on the subject and that the Deptt. of Labour & Employment is the Controlling Authority of the Directorate of Labour & Employment. So he approached the SPIO of the Deptt. who did not give him any response and as such he approached the Commissioner & Secretary, Labour & Employment Deptt. But being not satisfied with the reply of the Commissioner & Secretary, Labour & Employment, Deptt., he approached the Commission.

The Commissioner, Labour & Employment Deptt. submitted that the Deptt. of Labour & Employment does not control the Directorates of the Departments of the Govt. although it is mandatory on the part of the Heads of Departments to notify the vacancies in theil' Directorates. Hence except for the Heads of Departments under the control of the Labour & Employment, he would not be in a position to furnish the information for other Departments. As such, he informed the Appellant that he might approach the Heads of Departments of the Govt. in this regard.

Observations of the Commission
The Commission found that the First Appellate Authority i.e., the Commissioner & Secretary, Labour & Employment Department refused to furnish the information to the appellant on ground that his
department was not the custodian of the information and therefore he should collect it from the Heads of Departments where the information would be available. In true spirit of the RTI Act; 2005, the First Appellate Authority should have intimated the petitioner more convincingly why he was not in a position to furnish the information despite the fact that the Personnel Department informed the appellant to collect the information from his department. The petitioner was under the impression that the Department of Labour & Employment was the authority to furnish the information as he was advised so by the Personnel Department.

The Commission, however, appreciated the difficulty of the Labour & Employment Department in procuring the information from all the Heads of Departments under the Government. It was also observed that the information wanted by the petitioner related to the period of 1988 onwards and it would be impossible for his department to collect such information from all the Heads of Departments in the State.

Decision of the Commission
The Commission, on careful consideration of the facts and circumstances of the case concluded that the information sought for was available with the respective Heads of the Departments of the Govt. Moreover, the Appellant had sought for information which was not possible for the Labour & Employment to furnish. The. Commission cannot direct the Labour & Employment Department to furnish information for other Departments except for the Directorates under their control. The Commission, therefore, decided to direct the SPIO of the Labour & Employment Department to furnish the information to the Appellant in respect of the Directorates under their control within 15 days of the receipt of this order. The Commission observed that it was up to the Appellant to approach the other Departments of the Govt. for information.

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 K. K. Mittal, Commissioner & Secretary to the Govt. of Assam, Labour & Employment Deptt.,Dispur, Guwahati-6
2. Shri P.P. Barooah, Joint Secretary & SPIO, Labour & Employment Deptt., Assam, Dispur, Ghy-6
3. Shri M.N. Nath, C/o Shri Narendra Nath, Bench Section, Gauhati High Court, Guwahati-l
4. MD, AMTRON, Bamunimaidan for website uploading
5. Office file.

Secretary
State Information Commission, Assam