PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No : 99/2006
Dated 13th November, 2006

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


Name of the Complainant:
Shri Ali Akbar Mia
Ex. MLA & General Secretary, NCP
MMC Bhawan, 41, Hedayatpur
Guwahati – 781003


Name of the Public Authority:
DFO, Dhubri.

The following were present:
1. Sri A.S. Laskar, IFS
DFO, Dhubri Forest Division
Dhubri.

2. S.K. Ali Ahmed, AFS
A.C.F. & SPIO, Dhubri Forest Divn.
Dhubri


Petitioner/Complainant
Shri Ali Akbar Mia

Brief Facts of the Case
The petitioner wanted the following information:

1. From January 2004 to August 2006 in Dhubri Forest Division how many illegally operated pull-carts, bullock carts and boats had been detected - list thereof with the names of the operators.
2. The quantity of timber caught in these illegal transports and their present condition.
3. In the Dhubri District how many furniture making shops are there legally or illegally established range wise list.
4. During that period in Dhubri Forest Division what were the projects taken up and the amount involved therein.

The petitioner sent his petition to the Divisional Forest Officer, Dhubri on 1.9.2006 but it was not accepted because the prescribed fee of Rs.10/- was not enclosed. It was, on record, accepted by the PIO on 19.9.2006 along with the application fee.

The PIO of the office of the Divisional Forest Officer, Dhubri, furnished the information to the petitioner on 17.10.2006. It is thus seen that the information was furnished to him on time.

The petitioner should have waited for the information till the end of time limit prescribed under section 7 (1) of the RTI Act, but he submitted a complaint to the Commission on 25.9.2006. The Commission acted on the complaint and issued notice to
the DFO, Dhubri and the petitioner for hearing today. The petitioner admitted that he has received the information and he was satisfied with.


Decision of the Commission:

The Commission observed that the petitioner should have waited for 30 days from the date his petition was received by the PIO along with application fee instead submitting the complaint prematurely. The DFO and the PIO of the office of the Divisional Forest Officer, Dhubri have also been advised that the petitions from the public should be accepted even if they are submitted without the application fee, but the information should be furnished only on receipt of the prescribed application fee along with other fees if any after the petitioners are informed of the same.

As the petitioner is satisfied with the information which was furnished to him within the time limit the matter stands closed.

Sd/- (R.S. Mooshahary)
Chief Information Commissioner, Assam
Janata Bhawan, Dispur.


Authenticated true copy

(L.C. Borah)
Under Secretary
State Information Commission, Assam
Janata Bhawan, Dispur.

Memo No SIC.103/2006 Dated November 13, 2006

CC:
1. Sri A.S. Laskar, IFS, DFO, Dhubri Forest Division, Dhubri.
2. S.K. Ali Ahmed, AFS, A.C.F. & SPIO, Dhubri Forest Divn. Dhubri
3. Shri Ali Akbar Mia, Ex-MLA & General Secretary, NCP, Assam, MMC Bhawan, 14, Hedayatpur, Guwahati -3
4. MD, AMTRON, Bamunimaidan.
5. Office file.