PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No : 84/2006
Dated 20th October, 2006

Present:
1. Shri R.S. Mooshahary
State Chief Information Commissioner.

2. Dr. B.K. Gohain
State Information Commission.

Name of the Complainant:
Ali Akbar Mia,
Ex-MLA & General Secretary,
NCP, Assam, MMC Bhawan
14, Hadyatpur, Guwahati -3.


Name of the Public Authority:
Food and Civil Supplies Department

The following were present:
Shri A. Chakrabarty, ACS, PIO
Food & Civil Supplies Dept.

Shri A. Chakrabarty, ACS, PIO of the Department of Food & Civil Supplies, Government of Assam present with records. The complainant absent without showing cause. However, his absence may be due to the Assam Bandh called by some organization.
The Commission considered it necessary and expedient to hear the case in the absence of the complainant to see if any action was taken by the Department of Food & Civil Supplies / PIO on the complaint which was forwarded to the Commissioner & Secretary, Food & Civil Supplies Department, Government of Assam

Facts of the Case:
The Commission received a petition from Ali Akbar Mia on 15.9.2006 which was taken as a complaint for enquiry u/s 18(2) of the RTI Act, 2005. Accordingly a notice as issued to the Secretary, Food & Civil Supplies on 22.9.06

The PIO informed that the petitioner submitted a petition to the Minister, Food & Civil Supplies Department which was sent to the D.C. Dhubri for report. The same petition was received by the Department on 27.9.06 along with the notice of the Commission and the D.C. Dhubri was asked by a fax message dated 28.2.06 to send the report. The Deputy Commissioner, Dhubri submitted a report vide his letter No.DSG.14/2004/l642 dated 16.10.06 furnishing the detailed report regarding. allotment, lifting and distribution of SK oil for Dhubri Sub-Division, Bilasipara Sub-Division and Hatsingimari Sub Division for the period of last 2 years. The Complainant was furnished all the reports by the Deputy Commissioner, Dhubri with intimation with the Government.

Decision of the Commission

The Commission observes that the Deputy Commissioner, Dhubri has sent the report along with the enclosures to the complainant, Ali Akbar Mia. The Commission directs the PIO to ascertain from the complainant whether he is in receipt of the report enclosed with the memo No DSG14/2004/1642 dated 16.10.06. In case the complainant has received the same, the PIO should inform him about the fees to be deposited by the complainant for the information furnished to him by the D.C, Dhubri. In case he has not received, the PIO should furnish it on realization of the prescribed fees. The PIO should also indicate in the same letter u/s 7 (3) (a) & (b) of the Act that in case the complainant wants to submit any appeal, he may do so to the Secretary to the Government of Assam, Food & Civil Supplies Department, Assam Secretariat, Dispur who is the First Appellate Authority u/s 19 (1) of the Act.
The Commission further directs that the department should file an affidavit before the Commission stating the action taken on the complaint of Ali Akbar Mia for perusal and further orders if any of the Commission.

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.

Memo No SIC.88/2006/10-11
Dated October 20, 2006

CC:
1. Shri A. Chakrabarty, ACS, PIO, Food & Civil Supplies Department.
2. Ali Akbar Mia, Ex-MLA & General Secretary, NCP, Assam, MMC Bhawan 14, Hadyatpur, Guwahati -3
3. MD, AMTRON, Bamunimaidan.
4. Office file.