Dated 15-05-2007

Name of the Complainant:
Sri Tarun Dey
Bhaskar Nagar, Tribeni Path
House No. 66, Guwahati - 18

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

The following were present:
Sri Tarun Dey

The complainant present. Neither the SSP City nor anyone representing the SSP City was present. The Commission decided to hear the case ex-parte.

Brief of the case

On 29.3.07 Shri Tarun Dey, Bhaskar Nagar, Guwahati submitted a petition before the Chief Information Commissioner stating that he submitted two application dated 8.12.06 and 20.1.07 under the Right to Information Act, 2005 before the Superintendent of Police, Guwahati City with a request to provide him with a copy of the ejahar dated 12.9.06 lodged by his wife Smt. Jharna Choudhury in the Fatashil Ambari Police Station and a copy of the petition withdrawing the said ejahar submitted by his wife on 13.9.06. He submitted before the Commission that inspite of submission of two applications he was not provided with a copy of the ejahar dated 12.9.06 and certified copy of the withdrawal petition dated 13.9.06 by the Superintendent of Police, Guwahati City. Hence this compliant.

Submission of the parties

The complainant submitted before the Commission that on 8.12.06 he requested the Superintendent of Police, Guwahati City to provide him with a copy of the ejahar dated 12.9.06 lodged in the Fatasil Ambari Police Station by his wife Smt Jharna Choudhury and with a copy of the petition withdrawing the FIR dated 13.9.06. He also submitted another petition dated 20.1.07 under the RTI Act, 2005 for getting certified copies of the documents as it concerned his life and liberty. In his application dated 2.1.07 he mentioned specifically that 30 days had already passed but he was not provided. with the certified copies and to give him the reasons for such refusal in writing under the provision of the RTI Act, 2005. He submitted before the Commission that the FIR dated 12.9.06 allegedly contained so.n1e allegations against him. He further stated that he had made number of attempts to meet the SSP City but was refused each time.

Observations by the Commission

The Commission found that it was a clear case of refusal to provide information to the petitioner despite his submission of two petitions. It was also clear that the petitioner made number of attempts to meet the SSP City personally but he was refused the opportunity. This is a sad commentary on the functioning of public office in democracy where the public authority are expected to be responsive to the people

Decision of the Commission

The Commission on consideration of the facts and circumstances of the case decided to impose a penalty @ Rs. 250/- per day under section 20 (1) of the RTI. Act, 2005 to SSP Guwahati City, who is deemed to be the SPIO of his office, for his failure to furnish the first information as sought for by the complainant within 30 days of the receipt of the petition. The penalty should be calculated from the date on which 30 days limitation was completed till the information is / was furnished to the complainant up to a maximum of Rs. 25,000/-.

The SSP Guwahati City may make his submission why the penalty should not be realized from him as calculated before the next hearing.

Summons to SSP City will also be issued for appearance in the next date of hearing.

The next date of hearing is fixed on 6.6.07 at 11.30 A.M.

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 SSP, Guwahati City.
2. Sri Tarun Dey, Bhaskar Nagar, Tribeni Path, House No. 66, Guwahati - 18
3. MD, AMTRON, Bamunimaidan
4. Office file.


Secretary
State Information Commission, Assam