PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. BPT.2/2007

Dated 08-02-2008

Name of the Complainant:
Didar Hussain
Howly Town, Ward No. 1
P.O. Howly - 781 316, Dist - Barpeta

Name of the Public Authority / SPIO:
Chairman, Howly Town Committee

The following were present

  1. Shri J. Chakravartty, Director Municipal Administration
  2. Shri Uddhab Chandra Das, Chairman, Howly Town Committee
  3. Shri K P Purkayastha, SPIO of Dir. of Municipal Administration
  4. Didar Hussain
Brief of the case
On 8.10.07 a petition was received from Didar Hussain of Howly Town of Barpeta district to the effect that he applied to the Chairman, Howly Town Committee for the following information but he did not receive any information till date. The information sought for by him were as follows:
  1. Annual budget of he Howly Town Committee for the years 2006-07 and 2007-08 and allotment under each head and utilization of funds thereof.
  2. Works undertaken under Swarna Jayanti Scheme with the funds allotted by the Government for Howly Town Committee for the years 2006-07 and 2007-08.
  3. Records and proposals related to settlement of huts and markets under the said Town Committee for the years 2006-07.
The complainant also stated in his petition that he addressed an application to the Director, Municipal Administration, Assam, but inspite of this he did not receive any information from the Chairman , Town Committee. On receipt of the petition along with enclosures the Commission instead of taking complaint under section 18(2) Act decided to transfer the petition under section 6(3) of the RTI Act, 2005 to the Chairman of the said Town Committee asking him to furnish information.

Again on 28.11.07 the complainant submitted a complaint to the effect that inspite of the direction of the Commission the Chairman, Howly Town Committee did not furnish him the information as sought for by him. The Chairman also defied the instruction of the Director, Municipal Administration. On receipt of the same the Commission decided to take up a complaint case under section 18(2) of the RTI Act and hence this hearing.

Submission of the parties
The complainant reiterated the statements made in his petitions dated 8.10.07 and 28.11.07 and stated that he had not yet received any information on the points raised by him in his application dated 10.7.07 before the Chairman, Howly Town Committee. He also stated that in addition to the Commission the Director, Municipal Administration also issued instruction vide his letter dated 6.9.07 to the Chairman, Howly Town Committee to furnish information. But inspite of this instruction the Chairman Howly Town Committee did not furnish any information to him and hence he had approached the Commission with this complaint.

The Chairman, Howly Town Committee stated that he had been placed under no confidence by the Vice Chairman and her supporters in the Town Committee with effect from 21.7.07 and as such he could not furnish the required information to the complainant. He further stated that he approached the Hon'ble Gauhati High Court regarding the no confidence motion tabled by the Vice Chairman and her supporters and the Hon'ble High Court was pleased to finally dispose of the matter by staying the proceeding and allowing him to continue as the Chairman of the committee and the D.C Barpeta was directed to proceed with the matter in accordance with law taking into account the compromise arrived at by both the parties. The D.C. however has not yet taken any action in this regard. He further prayed that the Hon'ble Commission be pleased to give him time upto April 2008 for compliance of the order of the Commission. He also apologized before the Commission for the delay caused and pleaded that as his position as the Chairman was uncertain he could not furnish the information.

The Director Municipal Administration Assam stated that the budgets of the town Committee for the years 2006-07 and 2007-08 had not yet been submitted by the Chairman inspite of his instructions and strictures. He informed the Commission that the budgets had not yet been approved by the Government yet for this reason.

The Chairman, Town Committee informed the Commission that the budgets for the years 2006-07 and 2007-08 had already been passed by the Town Committee and were being forwarded to the Director, Municipal Administration for approval.

Observation of the Commission
On perusal of the records the Commission observed that there was no reason that the information relating to the budgets, allotment and utilization of funds for the years 2006-07 and 2007-08 could not be furnished to the complainant. Moreover the Town Committee had the records of the allotment made by the Government under Swarna Jayanti Scheme for the Committee for these two years. Moreover the Town Committee office had records of the settlements of the huts and markets of the Town Committee for the year 2006-07. Hence the Commission found no justification for not furnishing the information to the complainant.

However the Commission in consideration of his engagement with the no-confidence proceedings against him was of the opinion that the delay was to some extend caused by the uncertain position as the Chairman of the Committee. As the Chairman promised to furnish the information to the complainant within the time as fixed by the Commission and in view of the apology tendered by him, the Commission decided not to impose any penalty on him.

If the Chairman did not furnish the information within the time fixed by the Commission, it would be compelled to take punitive action against him. In case, in the meantime there was any change in the Chairmanship of the Town Committee, the new Chairman or the Vice Chairman in charge would be held responsible if the information was not furnished to the complainant within the date fixed by the Commission.

Decision of the Commission
On careful consideration of the facts and circumstances of the case the Commission decided
  1. to direct the Chairman, Howly Town Committee to furnish information in full to the complainant within 29.2.08, free of cost, failing which the Commission would be compelled to impose penalty on him with effect from 1.3.08 at the rate of Rs. 250/- per day till date when the complete information was furnished or upto a maximum of Rs. 25,000/-. The order of the Commission would be applicable to any new Chairman if appointed in the meantime or to the Vice Chairman of the Town Committee holding the charge of Chairman
  2. The Commission decided not to impose any penalty on the Chairman as the Commission took into account the uncertain position of the Chairman to be partly responsible for the delay in furnishing the information.
  3. The Secretary of the Commission should place the matter before the Commission on 29.2.08 for final order
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.

Memo No.SIC/BPT.2/2007 Dated February 08, 2008

CC:

  1. The Director, Municipal Administration, Assam, Guwahati
  2. Shri Uddhab Ch. Das, Chairman, Howly Town Committee, Barpeta
  3. The Vice-Chairman, Howly Town Committee, Barpeta
  4. Shri K.K. Purkayastha, SPIO of Directorate of Municipal Adm, Assam,
  5. Didar Hussain, Howly Town, Ward No.1, P.O. Howly- 781 316, Dist- Barpeta.
  6. The DIPR, Dispur, Guwahati.
  7. MD, AMTRON, Bamunimaidan
  8. Office file.
Secretary
State Information Commission, Assam