Dated 26-12-2007

Name of the Complainant:
Md. Nurul Hussain
S/o. Late Ansar AIi,
Viii & P.O. Manipur Pt. II
Dist. Cachar, Assam

Name of the Public Authority:
PD, DRDA, Cachar & CEO, ZP, Cachar.

Brief of the case
The Commission in its decision dated 21.11.2007 required the PD, DRDA, Cachar to submit a sworn affidavit explaining why the penalty at the rate of Rs. 250/- per day from 11.6.2007 to 17.11.2007 up to the maximum of Rs. 25000/- under Section 20(1) of thcRTI Act, 2005 should not be executed. He was given 15 days time to submit the affidavit.

The PD, DRDA, Cachar has submitted sworn affidavit dated 7.12.2007 and it has ceen received in the Commission's office on 10.12.2007.

Submission of PD, DRDA:
In his affidavit the PD, DRDA has put the blame squarely on the BDO, Banskandi Development Block for delay in furnishing information. During hearing on 21.11.2007, the BDO, Banskandi Development Block, Shri Hari Charan Bhakta submitted before the Commission that he did not receive the petition reportedly sent to him by PD, DRDA office for furnishing the information to the petitioner. He made it clear that he received a copy of the petition only with the notice of the Commission dtd. 31.10.2007 on 7.11.2007 for the first time and he furnished the information to the petitioner on 17.11.2007. The Commission accepted the submission of BDO, Banskandi Dev. Block at the time of hearing and observed th[1t the PD, DRDA Cachar being the SPIO was responsible for obtaining the information from the BDO, who is his subordinate and furnish the information to the petitioner.

Observation of the Commission
As the PD DRDA, Cachar now has submitted in his affidavit that the BDO, Banskandi Dev. Block had received the petition sent by his office but failed to furnish the information on time, the Commission felt that a proper enquiry should be conducted into the matter to find out the truth. The Commission accordingly decided to direct the CEO, Zilla

Parishad, Cachar under Section 19(8)(a) of RTI Act, 2005 r/w Rule 5(iii) of Assam Government Notification No. AR.8712005/89 dated 24.2.2006 to personally enquire into the matter and submit his report to the Commission by 17.1.2008.

A copy of the affidavit submitted by the PD, DRDA, Cachar will be sent to the CEO Zilla Parishad and BDO Banskandi Dev. Block for facilitating the enquiry.

The Secretary of the Commission will put up the file before the SCIC on 18.1.2008 for further orders.

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.

CC:
1. The CEC, Zilla Parishad, Cachar, Assam.
2. The Project Director, DRDA, Cachar, Assam.
3. Shri. Hari Charan Bhakta, BDO, Banskandi Development Block, Cachar, Assam.
4. Md. Nurul Hussain, S/o. Late Ansar Ali, Vill & P.O. Manipur Pt.II, Dist-Cachar, Assam.
5. The DIPR, Dispur, Guwahati.
6. MD, AMTRON, Bamunimaidan.
7. Office file.

Secretary
State Information Commission, Assam