Dated 30-11-2007
Name of the Complainant:
Shri Prasanta Sinha, Asstt. Secretary
The People's Society, Silchar,
Name of the Public Authority/ SPIO:
Deputy Commissioner, Cachar.
The following was present:
1. Shri Hem Kt. Bora, ADC, Cachar.
The petitioner was absent without intimation. The Deputy Commissioner, Cachar infonned the Commission
through a fax message of his inability to attend the hearing in view of volatile law and order
situation in his district. He instead authorized Shri H. K. Bora, ADC, Cachar, who was already in
Guwahati to attend the hearing on his behalf. Shri Bora accordingly attended the hearing.
Brief of the case
The petitioner Shri Prasanta Sinha sent a petition dated 21/07/2007 affixing Court Fee Stamp of
Rs.10.00 thereon requesting some information from the Deputy Commissioner, Cachar. The said
petition was transferred by the Secretary of the Commission D/S Section 6(3) of the RTI Act, 2005
on 24/08/2007.
The petitioner again approached the Commission vide his letter dated 5.10.2007 wherein he complained
that the Deputy Commissioner, Cachar had not furnished the information to him till date. Hence, the
Commission decided to initiate inquiry D/S 18(2) of the RTI Act, 2005 and issued notice to the
Deputy Commissioner, Cachar for hearing today.
The information wanted by the petitioner were:
i) what steps the DC, Cachar had taken for the eviction of illegal encroachment by Shri Gangeswar
Goswami, Sio Late Gopal Goswami from government land of No.785 Baleswar LP School under Katigorah
Block.
ii) How much time would be required to remove the illegal encroachment.
Submission of the parties:
The ADC, Cachar, Shri H.K. Bora submitted that the DC, Cachar had reviewed the order passed by ADC(R)
vide order dated 5.4.2007 and set aside the said order on 27.11.2007 on the ground that the land in
question was a patta land and not government land. He further stated that the Deputy Commissioner
had no authority to initiate eviction proceedings in any patta land.
Observation of the Commission:
The Deputy Commissioner meanwhile had forwarded to the Commission copy of his order No.3/07 dated
27.11.2007 along with a covering letter No.CRS.5/2007/26 dated 27.11.2007. In that covering letter he
also mentioned that the copy of his order had already been sent to the petitioner.
The Commission, however, did not receive any explanation either form Shri Bora or from the DC, Cachar
as to why there was so much delay in furnishing the information to the petitioner. As the Commission
had transferred the original petition dated 21.7.2007 on 24.8.2007 it could be presumed that it was
received in the office of the DC, Cachar in the first week of September, 2007 and the information should
have been given to the petitioner within a month. The Commission found that the DC, Cachar had acted
only on receipt of the notice for his appearance for the inquiry and not earlier.
Since the complainant was absent without intimating the Commission, it was presumed that he had already
received the information and that he did not want to press for further action against the Public
Authority for action on the delay. Therefore, the Commission was not pursuing with the inquiry into
the cause of delay any further.
Decision of the Commission:
The information having been furnished to the petitioner which the Commission found to be satisfactory,
there was no cause for any further direction.
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
(Jaiuddin Ahmed)
Secretary, State Information Commission, Assam
Janata Bhawan, Dispur.
Memo No: SIC/CCR.1/2007/15 Dated November 30, 2007
CC:
1. The Deputy Commissioner, Cachar.
2. Shri. Prasanta Sinha, Asstt. Secretary, The People's Society, Silchar, C/o Alok Das,
1st Link Road, Lane No.1. H. No. 45, 1 st Floor, Silchar-6, Cachar.
3. The DIPR, Dispur, Guwahati.
4. MD, AMTRON, Bamunimaidan.
5. Office file.
Secretary, State Information Commission,
Assam, Janata Bhawan Dispur