PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No : 95/2006
Dated 29th November, 2006

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

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

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


Name of the Public Authority:
DEEO, Dhubri

The following were present:
Shri Khabir Uddin Ahmed

The complainant absent. The District Elementary Education Officer, Dhubri who is the PIO of his office present. It is seen that the complainant was present for hearing on 9.11.2006 but the District Elementary Education Officer, Dhubri who is the PIO of his office was absent without cause. The District Elementary Education Officer, Dhubri submits before the Commission that he did not receive the notice issued from the office of the State Information Commission and on receipt of the summons issued to him he has come today with all necessary records. He also informs that the information as sought for by the complainant has also been furnished to him.

Brief of the Case

On 25.9.2006 Ali Akbar Mia submitted a complaint before the Chief Information Commissioner, Assam stating that the District Elementary Education Officer, Dhubri did not furnish him the information as sought for by him vide his petition dated 23.8.2006. The complainant sought for the following information:

1. Constitution of Management Committees for ME, MEM, MV and LP school LAC wise.
2. Any instruction received from the Government in this regard.
3. Was there any date fixed for constituting these committees?
4. (a) List of the committees with names of the President for Bilasipara Education Block in Bilasipara West LAC?
(b) Was there any NOC obtained for appointment of Government Officials, if any, from the competent authority?
(c) If NOC not received how such committees can be formed?

The District Elementary Education Officer, Dhubri submits before the Commission that the complainant did not submit any fees with his petition dated 23.8.2006 and asked him verbally to pay application fees from himself as it was a small amount. However, he asked the Block Elementary Education Officer (BEEO), Bilasipara to submit the information immediately. When the information was not received by him, he issued show cause notice to BEEO, Bilasipara. On receipt of the information from the BEEO, Bilasipara he has furnished the information to the complainant.

The Commission makes it very clear to the District Elementary Education Officer, Dhubri that it has not accepted his contention about the non receipt of the notice. The District Elementary Education Officer, Dhubri seeks unconditional apology from the Commission for delay in furnishing the information. The Commission accepts his apology.

Decision of the Commission:

In view of the fact that the information has been furnished to the complainant by the District Elementary Education Officer, Dhubri and in vies of the unconditional apology sought for by the District Elementary Education Officer, Dhubri, the Commission refrains from imposing penalty on the District Elementary Education Officer, Dhubri. The Commission, however, issues a stern warning to him not to do so in future.

The case is treated as closed.

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.99/2006 Dated November 29, 2006

CC:
1. The DEEO, Dhubri.
2. Ali Akbar Mia, Ex-MLA & General Secretary, NCP, Assam, MMC Bhawan 14, Hadyatpur, Guwahati -3
3. MD, AMTRON, Bamunimaidan.
4. Office file.