Dated 30-11-2007

Name of the Complainant:
Shri Prasanta Sinha, Asstt. Secretary
The People's Society, Silchar,
C/o. Alak Das, 1st Link Road, Lane No.1

Name of the Public Authority/ SPIO:
Commr & Secy, Education (E) & Deputy Commissioner, Cachar.

The following were present:
1. Shri Hem Kt. Bora, ADC, Cachar
2. Sri R. Deka, Dy. Secy & SPIO Elementary Education.
3. Shri U.C. Das, Dy. Director Elementary Education & SPIO

The petitioner was absent without intimation. The Deputy Commissioner, Cachar informed through a fax that he was unable to attend the hearing in view of the vulnerable law and order situation in the district and requested for fixing another date. He however authorized the Additional Deputy Commissioner of his district Shri H.K. Bora, who was already in Guwahati, to attend the hearing on his behalf.

Brief of the case
The petitioner Shri Prasanta Sinha sent a petition dated 21.7.07 affixing court fee of Rs. 10/- thereon to the Commission requesting for certain information. That petition was transferred to the Deputy Commissioner, Cachar on 24.8.07 by the Secretary of the Commission.

The petitioner by another letter dated 5.10.2007 again submitted to the Commission that the information required by him had not been furnished by the Deputy Commissioner, Cachar. The Commission on receipt of the complaint issued notice under section 18 (2) of the RTI Act, 2005 for conducting inquiry in to that complaint.

The petitioner wanted a copy of the inquiry report of the Deputy Commissioner against Shri B. Purkayastha, Deputy Inspector of Schools, Silchar who was transferred from Silchar and filed a write petition in the Hon'ble Gauhati High Court challenging the transfer order. It was reported by the petitioner that the Government Advocate submitted before the Hon'ble Gauhati High Court that there was an inquiry against the petitioner by the Deputy Commissioner, Cachar and he wanted a copy of the enquiry report.

Submission by the Appellate Authorities
The Additional Deputy Commissioner, Cachar Shri H.K. Bora submitted that a copy of the inquiry report had already been furnished to him by the Deputy Commissioner on 16.11.07. He was not in a position to explain the reason for the delay in furnishing the information.

The SPIO of the Education Department and the Deputy Director of the Directorate of Elementary Education who attended the hearing as per the notice of the Commission did not have any further materials to submit before the Commission.

Observation of the Commission:
The Commission observed that the ADC Shri H K Bora who represented the Deputy Commissioner was not in a position to give any explanation for the delay. The Commission was of the view that the DC, Cachar did not take timely action to provide the information to the petitioner. The original petition dated 21.7.07 was transferred to the Deputy Commissioner on 24.8.07 and it could be presumed that it was received there in the first week of September 2007. Therefore the information should have been provided by October which the DC, Cachar failed to do. It was only after the Commission issued notice that action was taken to provide information to the petitioner. This failure to provide timely information would be liable for action under section 20 (1) of the RTI Act.

However as the complainant was absent during the hearing without intimation, the Commission refrained from pursuing matter of taking recourse of penal provision of the Act but would like to advise the public authority that such delay would invite action as laid under the RTI Act in the normal course.

Decision of the Commission:
As the information had already been provided and the petitioner chose not attend the hearing the Commission did not find any cause to issue 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.2/2007/17 Dated November 30, 2007

CC:
1. The Deputy Commissioner, Cachar.
2. The Addl. Deputy Commissioner, Cachar.
3. The Deputy Secretary & SPIO of the Elementary Education Department.
4. The Deputy Director of Elementary Education Department.
5. Shri Prasanta Sinha, C/o. Alak Das, 1st Link Road, Lane No. 1, House No. 45, 1st Floor, Silchar-6 Dist Cachar, Assam
6. The DIPR, Dispur, Guwahati.
7. MD, AMTRON, Bamunimaidan.
8. Office file.


Secretary, State Information Commission,
Assam, Janata Bhawan Dispur