The following were present:
1 Shri Parthasarathi Mahanta
SP, Dhubri
2. Shri Budhindra Nath Morong
SDPO, Bilasipara.
Petitioner/ Complainant.
Shri Ali Akbar Mia
The complainant present. Shri Parthasarathi Mahanta, SP, Dhubri along with
Shri Budhindra Nath Morang, SDPO, Bilasipara are also present. Heard the complainant
as well as the SP, Dhubri and the SDPO, Bilasipara. They have handed over the
information as sought for to the complainant in presence of the Commission.
Brief Facts of the Case:
On 25.9.06 Ali Akbar Mia submitted a complaint before the Chief Information
Commissioner stating that although he submitted an application on 25.08.2006
to the SDPO Bilasipara for information but he did not receive the information
till the submission of his complaint before the Commission. He wanted the following
information:
1. Status report on the police cases under Bilasipara Police Station: Case Nos.
77/04, 81/04, 85/04, 155/04, 196/04, 215/04, 99/05, 117/05, 118/05, 162/05,
163/06, 165/05, 189/05, 190/05, 221/05, 270/05, 94/06, 99/06, 120/06, 158/06
and under Bogribari Police Station Case Nos. 85/05, 1/06, 85/06 and 64/06.
2. Number of witnesses examined and number of accused arrested.
3. The details of the FR in some cases.
4. The reason for not arresting the accused persons.
5. The reason why the cases are pending from 6 months to 1/2 years
6. If there are any instructions from the higher authority in written or verbally
to stop the investigation of Bilasipara Police Station Case Nos. 99/06, 120/06,
158/06 and the Bogribari Police Station Case Nos. 85/05, 64/06.
7. Whether it is a fact that the FIR are not registered by these two police
station but some persons are arrested on false charge.
The SDPO, Bilasipara acknowledges that he has been in receipt of the petition
of Ali Akbar Mia but no application fee was paid by him. Also he was neither
the PIO nor the APIO under the RTI Act, 2005 and also he was not fully aware
of the provisions of the RTI Act, 2005. The S.P. Dhubri also makes the same
submission.
The Commission on careful consideration of the facts and circumstances of
the case and the submission made by the SDPO, Bilasipara and the SP, Dhubri
accepts the cause for delay in furnishing the information. The Commission
finds that the SP Dhubri has not notified the SDPO, Bilasipara as the APIO.
The SP, Dhubri has also not notified any officer of his office as PIO. However,
he stated that he is the Appellate Authority under the RTI Act, 2005. The
Commission directs that the SP, Dhubri should notify the SDPO, Bilasipara
as APIO and one Additional S.P of his office as PIO and the SP Dhubri as the
1st Appellate Authority (if not done already) immediately and the send the
report of confirmation to the Commission. The Commission further directs that
the complainant should go through the information furnished by the SDPO, Bilasipara
and if the information is found satisfactory by him the matter shall be treated
as closed.
The Commission also directs that the information be furnished free of cost
because of the delay caused by the public authority in furnishing the information
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.
CC:
1. Sri Parthasarathi Mahanta, SP, Dhubri
2. Shri Budhindra Nath Morong, SDPO, Bilasipara
3. Shri Ali Akbar Mia, Ex-MLA & General Secretary, NCP, Assam, MMC Bhawan,
14, Hedayatpur, Guwahati -3
4. MD, AMTRON, Bamunimaidan
5. Office file.