PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case Nos : 84/2006
Dated of hearing : 10.01.2007

Name of the Complainant:
Ali Akbar Mia, Ex-MLA

Name of the Public Authority:
Secretary, F&C S Deptt., Dispur

The following were present:
1. Ali Akbar Mia
2. Md. Ala Uddin, Secretary, F&CS, Deptt.
3. Shri Sailendra Ch. Das, Deputy Secy., F&CS, Deptt. & SPIO

The complainant present. The Secretary, food & Civil Supplies Deptt. (Public Authority) as well as the SPIO of the said Deptt. present.

Brief of the Case

The Commission had to fix the hearing to-day (10-1-07) as it was brought to the notice of the Commission by Ali Akbar Mia vide his petition dated 3-11-06 that the information which was to be furnished to him as per orders of the Commission dated 20-10-06 in this case had not yet been furnished to him.

Submission by the parties

Heard the complainant. Heard the Secretary of F&CS Deptt. as well as the SPIO. The Commission wanted to know from the Secretary, F&CS Deptt. as well as from the SPIO of the Deptt. whether the directions of the Commission as communicated to them vide memo No. SIC. 88/2006 dated 20-10-06 were carried out or not. The Secretary submitted that the Deptt. wrote to the complainant on 21.10.06 in two addresses of the complainant asking him to confirm whether he was in receipt of the DC's report dated 16-10-06 and ifso whether any fee was deposited for the information. The complainant was further asked to collect the information on payment of RS.546/- only by Demand Draft if the report was not received. But the complainant did not approach the SPIO or the Deptt. for information.

The Secretary further submitted that the SPIO had brought one affidavit for filing before the Commission in pursuance to the order of the Commission. The Commission found that the affidavit submitted during the hearing was in plain paper without court fees and attestation by a Magistrate. As such the Commission did not accept the same. The Secretary confirmed that he would get the affidavit in proper format filed before the Commission. He further informed that the information sought for by the complainant was available with the SPIO and it would be furnished to him on payment of the fees of Rs.546/-.

Decision of the Commission

The Commission directed the Secretary, F&CS Deptt. to give a copy of the enquiry report of DC, Dhubri received vide letter dated 21-10-06 to the complainant as he did not receive the same, on payment of the requisite charges.

The Commission further directed the SPIO to submit the affidavit in proper format immediately.

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.

Memo No SIC.88/2006/24, dated January 10, 2007

CC:
1. The Secretary, Food & Civil Supplies Deptt., Dispur
2. The Deputy Secretary & SPIO, Food & Civil Supplies Deptt., Dispur
3. Ali Akbar Mia, Ex-MLA, Bilasipara West Constituency, Krishna Nagar, Bilasipara, Dhubri.
4 . MD, AMTRON, Bamunimaidan for website uploading.
5 . Office file.