Dated 06-06-2007

Name of the Complainant:
Shri Tarun Dey,
Bhaskar Nagar, Tribeni Path, House No. 66, Ghy.18

Name of the Public Authority:
S.S.P., City, Guwahati

The following were present:
1. Shri S.N. Singh, IPS
DIG(NR) & the then S.S.P., City, Guwahati
2. Shri Tarun Dey

The complainant present. Shri S N Singh, IPS, the then SSP City, Guwahati presently DIG (NR) Assam present.

Brief of the Cases
The Commission vide its order dated 15.5.2007 directed the SSP, City, Guwahati to show cause why penalty should not be imposed on him for his failure to furnish the information as sought for by the complainant Shri Tanun Day of Guwahati, who submitted two applications dated 8.12.06 and 20.1..07 under the RTI Act, 2005 to provide him with a copy of the ejahar dated 12.9.06 lodged by his wife Smt Jharna Choudhury in the Fatasil Ambari Police Station as well as a copy of the petition withdrawing the said ejahar by his wife dated 13.9.06. The penalty was to be calculated with effect from 8.1.07 @ Rs. 250/- per day till the date on which information was furnished to the complainant up to a maximum of Rs. 25,000/-.

Submission of the parties
Shri S N Singh former SSP City, Guwahati made his submission before the Commission that the application dated 8.12.06 which was received on 11.12.06 by his office was not according to the prescribed format and that the complainant did not deposit the application fees as prescribed under section 6 (1) of the Right to Information Act 2005 and under the Assam Right to Information Rules. He also submitted that on 22.1.07 his office received a petition dated 20.1.07 of the complainant but no fee was deposited by the complainant. Shri Singh informed the Commission that he took over the charge as Senior Superintendent of Police, City, Guwahati on 19.1.07 and handed over the charge of Senior Superintendent of Police, City, Guwahati on 28.5.07 on account of promotion to the rank of Deputy Inspector General of Police.

Shri Singh stated that he could not be present on 15.5.07 as the notice of the Commission was received only on 17.5.07 by him and that he had no intention of showing disrespect to the orders of commission. He further submitted that both the petitions of the complainant under the RTI Act dated 8.12.06 and 20.1.07 were not put up to him and he was not aware of the receipt of these applications in his office. He requested the Commission to absolve him of the responsibility of paying the penalty proposed and assured the Commission that he would abide by the provisions of the RTI Act scrupulously. He however stated that as he had already handed over the charge of the SSP City Guwahati he would not be able to instruct the officers of the office of the SSP City Guwahati on the RTI matters but would instruct the officers under his control suitably. He would however inform the present SSP City Guwahati verbally about the importance of dealing with the RTI matters with all sincerity.

The complainant confirmed that he was furnished with a copy of the FIR and a copy of the petition withdrawing the FIR as sought for by him but these copies were neither certified nor attested.

Observations by the Commission
The Commission noted that Shri S.N. Singh was not familiar with the provisions of the Right to Information Act 2005. He was of the impression that the Assam Right to Information Rules 2004 still existed which was repealed in 2006. It was pointed out to him that under the RTI Act there is no prescribed form for application and that the information should be furnished ordinarily in the format in which it is sought under section 7 (9) of the Act. It was also pointed to out to him that the application fee of Rs. 10/- could be collected at the time of furnishing the information. It was clear that in the office of SSP City Guwahati RTI matters were not accorded priority which it required.

Decision of the Commission
The Commission found that the two petitions submitted by the complainant were not brought to the notice of Shri S.N. Singh though he was the SPIO of his office. Though it was a failure on the part of Shri S.N. Singh to introduce a system of prioritizing the request received on the RTI Act from the public so that information could be furnished on time, the Commission found that he had no malafide intention of not implementing the RTI Act. He also tendered unconditional apology and assured the Commission that in future he would make earnest effort to implement the RTI Act. Under these circumstances the Commission refrained from imposing the penalty proposed on him earlier.

The Commission however decided to direct the present SSP City Guwahati, to cause an enquiry to find out on which dates the petitions addressed to the SSP City Guwahati on 8.12.06 and 20.1.07 were received in his office. He would fix responsibility for the omission / negligence in dealing with the RTI petitions and submit a report within a month.

The Commission further directed the SSP City Guwahati to furnish certified / attested copies of the FIR dated 8.12.06 and also copy of the withdrawal of FIR dated 12.9.06 to the complainant as the photocopies of these pelitions furnislted to him were not duly certified or attested.

The Commission would hear the submission of the SSP City Guwahati on these directions through hearing on 6.7.07 at 11.30 hours. Issue notice to SSP, Guwahati City.

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. The Director General of Police, Ulubari, Guwahati, Assam for information and corrective action to implement RTI Act in the offices under its control.
2. Shri S.N. Singh, the then S.S.P., City, Guwahati, presently DIG (NR) Assam.
3. The SSP City Guwahati.
4. Shri Tarun Dey, Bhaskar Nagar, Tribeni Path, House No.66, Ghy-18.
5. MD, AMTRON, Bamunimaidan
6. Office file.


Secretary
State Information Commission, Assam