The following were present:
SPIO
Md Atowar Rahman,
Under Secretary govt. of Assam
P&RD Deptt. & SPIO
Shri Ali Akbar Mia
Ex MLA
Petitioner/ Complainant.
Shri Ali Akbar Mia
Brief Facts of the Case:
Ali Akbar Mia submitted a complaint before the Chief Information Commissioner
stating that he did not receive information sought for by him vide his letter
dated 20.8.2006 from the Commissioner & Secretary, P&RD, Department,
Government of Assam. The information sought for are as follows:
1. Whether reports & comments were received by the Department in reply to
their letters No. PDB.115/2005/28 dated 16.6.05, No. PDB 115/05/52 dated 25.7.05
and No. PDB. 115/05/76 dated 23.11.05 (Copies to be given)
2. If not why?
3. (a) If the reports take 9 to 14 months when will action be taken?
(b) Does not the delay help the corrupt officers?
(c) What action taken or will be taken for such delay?
4. (a) When did Robindra Nath Seal retire as BDO?
(b) Whether any entry was made in his pension file regarding this?
The Government has furnished some information to the complaint. But the complainant
was not satisfied with the reply. The Under Secretary who is the PIO stated
that as the DC Dhubri did not submit the reports, the govt. was not in a position
to take any action on point 1.
The Commission has heard both complainant and the Under Secretary present. The
Under Secretary being a junior officer in the Department is not competent to
give satisfactory reply to the queries made. It is seen that the Govt. in the
Panchayat and Rural Development Department has appointed a junior officer as
the Public Information Officer which is not acceptable to the Commission. Also
it is seen that the Govt. could not furnish proper replies to the complainant
as there has been in ordinate delay on the part of D.C. Dhubri in sending the
reports. As such in this particular case, the D.C. Dhubri has to be treated
as PIO for furnishing the reports.
The Commission, on careful consideration of the facts and circumstances of
the case decides as follows:
(1) The Commissioner & Secretary, P&RD Deptt. is required U/S 19(8)
of the R.T.I. Act to appoint one officer in the rank of Joint Secretary or
Deputy Secretary so that the matters under the R.T.I. Act 2005 are given due
importance by the said Department as casual handling of such matters has led
to delays.
(2) The D.C. Dhubri is directed to submit the reports of enquiry within 3
months failing which he shall be treated as PIO under Section 5(5) of the
R.T.I. Act and will be liable for penal action under the Act.
(3) The Commissioner & Secretary P&RD Deptt. is directed to pay personal
attention to the matter and also to look into the allegation of the complainant
that one petition submitted by him on the same subject to the Commissioner
& Secretary P&RD Deptt. under the RTI Act, which was shown to the
PIO, is untraceable and to take immediate necessary action.
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
(L.C. Borah)
Under Secretary
State Information Commission, Assam
Janata Bhawan, Dispur.
CC:
1. The Commissioner & Secretary P&RD Deptt., Dispur.
2. Md. Atowar Rahman, Under Secretary, P&RD Deptt. & SPIO
3. Shri Ali Akbar Mia, Ex-MLA & General Secretary, NCP, Assam, MMC Bhawan,
14, Hedayatpur, Guwahati -3.
4. MD, AMTRON, Bamunimaidan.
5. Deputy Commissioner Dhubri
6. Office file.