Dated 16-05-2007
Name of the Complainant:
Shri Nandeswar Sharma, Research Officer,
Directorate of Higher Education, Kahilipara, Ghy.
Name of the Public Authority:
Commissioner & Secretary, Education (Secondary) Deptt., Dispur.
The following were present:
1. Shri Nandeswar Sharma, R.O.
2. Md. Sohrab Ali, Joint Secretary I/C Commr. & Secy(S), Education Deptt.,
Assam, Dispur.
3. Shri R.B. Mahanta, Education (Sec.) Deptt.
The complainant present. The Joint Secretary, Secondary Education and SPIO of
Secondary Education Department present.
Brief of the case
On 26.3.07 a petition was received by the Commission from Shri N. Sharma, Research
Officer, Directorate of Higher Education, Assam, Guwahati stating that he applied
for some information from the State Public Information Officer, Education Department
vide his application dtd.20.1.2007 but till the date of submission of his petition
before the Commission, he was not furnished with the information.
The information sought for by him are as follows:
1. Copy of the vacancy Report of Assistant Director, Educational Planning &
Co-ordination submitted by the Director of Higher Education, Assam, Guwahati-19
and by the Director of Elementary Education, Assam, Guwahati -19
2. Copy of the minutes of the meeting of Selection Committee held on 05-01-2007
for selection of candidates for promotion to the post of Assistant Director,
Planning & Co-ordination.
Hence this complaint case.
Submission of the parties
The complainant submitted before the Commission that he applied for some information
on 20.1.2007 from the Deputy Secretary and the SPIO of Education Department
under the RTI Act, 2005. When no information was received, he sent one letter
to the Commissioner & Secretary, Secondary Education Department on 26.2.2007
addressed to him as First Appellate Authority under the RTI Act, 2005 informing
Commissioner & Secretary that he did not receive the required information
within specified time of one month. Thereafter, on 20.3.2007 he was asked by
the Department to deposit Rs. 8/- as the cost for furnishing the information
by the Department. Accordingly he deposited Rs. 8/- on 30.3.2007. The Department
furnished some information to him but it was not complete. Shri Sharma stated
that he received copies of minutes of the meeting of the Selection Committee
held on 5.1.2007 for selection of candidates for promotion to the post of Assistant
Director, Planning and Co-ordination. But he was not furnished with a copy of
vacancy Report of Assistant Director, Educational Planning & Co-ordination
submitted by the Director of Higher Education, Assam and by the Director of
Elementary Education, Assam. In the mean time, he approached the Commission
for issuing necessary orders to SPIO, Education Department for furnishing the
information without further delay vide his application dtd.19.3.2007 which was
received by the Commission on 26.3.2007
The Joint Secretary, Secondary Education Department submitted before the Commission
that the relevant file containing the information/documents relating to the
matter raised by Shri Sharma was engaged while the Department received the application
on 20.1.2007. However, the matter was taken up on receipt of the file and Shri
Sharma was asked to deposit the cost of Rs.8/- for furnishing the information.
Shri Sarma deposited the amount and the required copies of the documents as
sought for by Shri Sharma were furnished to him on 3.4.2007. The SPIO submitted
before the Commission that the delay in furnishing the information to Shri Sharma
was not intentional. He, however, stated that he did not see the petition of
Shri Sharma addressed to the Commissioner & Secretary, Secondary Education
Department as the First Appellate Authority.
Observations by the Commission
The Commission observed that while the application of the complainant addressed
to the SPIO of the Education Department was submitted on 20.1.2007, in the mean
time, the complainant submitted another petition to the Commissioner & Secretary,
Education Department on the same subject informing Commissioner & Secretary
who is the First Appellate Authority on 20.2.2007 that he did not receive the
required information in time. Though that could not be considered as an appeal
under Sec.l9 (1) of RTI Act, the Commission felt that the benefit of appellate
provision should be allowed to the public authority to respond to the petitioner.
In the mean time, Education Department furnished him some information on 3.4.2007
but it was not complete. The complainant came before the Commission with the
petition dtd. 19.3.2007 i.e., within one month of the second petition filed
before the Education Department. The complainant should have preferred an appeal
before the Commissioner & Secretary, Education Department who is the First
Appellate Authority for Education Department as soon as he found that the information
furnished to him was not complete.
Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the
case and in view of the fact that the complainant is a Gazetted Government Officer
in the Education Department and is supposed to know the rules and procedure
in this matter, had taken the view that after submitting his petition to the
First Appellate Authority on 26.2.07, he ought to have waited for one month
for the information before approaching the Commissioln. It was, therefore, decided
that the complainant should first prefer an appeal to the First Appellate Authority
under Section 19(1) of the Act for remedial measures.
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. Commissioner & Secretary, Education (Secondary) Department, Assam, Dispur,
Guwahati-6
2. Md. Sohrab All, Joint Secretary IIC Commissioner & Secretary (Sec.) Education
Deptt., Assam, Dispur.
3. Shri R.B. Mahanta, SPIO, Education (Sec.) Deptt., Assam, Dispur, Guwahati-6
4. Shri Nandeswar Sharma, Research Officer, Directorate of Higher Education,
Assam, Kahilipara, Ghy-19.
5. MD, AMTRON, Bamunimaidan
6. Office file.
Secretary
State Information Commission, Assam