PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. CRG.2/2007

Dated 01-02-2008

Name of the Complainant:
Shri Niranjan Mahanta
Ward No. 1, Kuklung Road
Bijni Town, P.O. Bijni , Dist- Chirang.

Name of the Public Authority / SPIO:
CEO, Zilla Parishad, Chirang & BDO, Borabazar Development Block.

The following are present

  1. Sri Niranjan Mahanta -Complainant
Brief of the case
On 6.8.07 a petition was submitted by Sri Niranjan Manahta of Kulung Road, Bijni Town, Chirang district before the Commission in which he stated that he sought for copies of muster rolls of the workers engaged in connection with the scheme of protection of Vill-Dawaguri and its adjoining village from the erosion of Manas River executed under the Baghargaon VCDC , but the SPIO of the office of the BDO Borobazar did not furnish him copies of the same.

On receipt of the application the Commission transferred the same under section 6(3) of the RTI Act to CEO, Zilla Parishad, Chirang on 31.8.08 asking him to furnish the information to the complainant.

On 26.11.07 the complainant again approached the Commission with a petition stating that he had not been provided with the information. Again on 27.12.07 another petition was received by the Commission in which he submitted that he had been directed to deposit an unusual amount of fee of Rs. 11,640/- for furnishing the document. He found that the cost was high and unreasonable and hence he requested the Commission to direct the concerned SPIO to review the amount of fees as per prescribed rules. Hence this complaint case.

Submission of the complainant
The complainant submitted that he sent an application by registered post to the SPIO of the office of BDO, Borobazar Block Chirang district on 10.5.07 and again submitted another petition to the BDO Borobazar Block on 19.6.07 under section 19 (1) of the RTI Act as he did not receive any response to his first petition dated 10.5.07. Then he sent a petition on 6.8.07 by registered post to the Commission. The Commission was pleased to transfer his petition to the CEO, Zilla Parishad Chirang vide letter dated 31.8.07. However he did not receive any information inspite of the direction of the Commission to the CEO, Zilla Parishad to furnish the information.

On 26.11.07 he submitted one more petition to the Commission under the RTI Act 2005 and the Commission decided to take up a case under section 18(2) of the RTI Act, 2005 fixing 1.2.08 as the date for hearing. The complainant submitted that meanwhile the Assistant Public Information Officer, Borabazar Block informed him vide letter dated 9.11.07 that he should deposit an amount of Rs. 11,640/- only by cash or cheque in the name of the Block Development Officer, Borobazar TD Block.

The complainant, when asked informed the Commission that he was not given details of the cost assessed for getting the information and submitted that as the cost appeared to be very high, the Commission might consider to direct the Public Authority to give the information at a reasonable cost. He however agreed that he could take copies of the muster rolls from the office of the BDO, Borobazar if he was given the chance.

Observation of the Commission
  1. The Commission noted with concern the casualness and utter disregard with which the CEO, Zilla Parishad and the BDO of the Block dealt with the transferred petition of the complainant and with the notices for appearing before the Commission today. Neither the CEO, Zilla Parishad nor the BDO of the Block nor the SPIO of office of the CEO, Zilla Parishad cared to attend the hearing thereby defying the order of the Commission.
  2. The Commission, in the absence of the public authority and the SPIO cannot ascertain whether the cost assessed for furnishing the information to the complainant is reasonable or not. However, from previous experiences the Commission found that the muster rolls are generally bulky and cannot be copied so easily. As the complainant agreed to take copies of the muster rolls when produced by the BDO before him in the Block Office, the Commission was of the opinion that the complainant could get access to the information and take copies of the muster rolls which are to be dully certified by the BDO as true.
  3. CEO, Zilla Parishad / PD, DRDA, Chirang / BDO Borobazar may be to provide the information free of cost Under Section 7(6) of the RTI Act, 2005 as the same had not been furnished to the petitioner within the time limit of one month from the date of receipt of the petition.
Decisions of the Commission
The Commission on careful consideration of the facts and circumstances of the case decided to direct as follows Under Section 18(8)(a) of the RTI Act 2005:
  1. to issue summons to the Chief Executive Officer, Zilla Parishad, Chirang/ PD, DRDA, Chirang and the BDO, Borobazar Block to be present before the Commission on the next date fixed and to explain as to why penal action as per section 20 of the RTI Act should not be taken against them for willful disobedience of the order of the Commission,
  2. to ask the CEO, Zilla Parishad / PD, DRDA, Chirang and the BDO of Borobazar Block to justify the cost assessed for furnishing the information to the complainant and to produce records in this regard before the Commission,
  3. to direct the CEO, Zilla Parishad / PD, DRDA, Chirang / BDO, Borobazar to submit before the Commission why they will not be required to provide information free of cost to the petitioner Under Section 7(6) of the RTI Act, 2005,
  4. to direct the CEO, Zilla Parishad PD, DRDA, Chirang and as well as the BDO, Borobazar Block to allow the complainant to take notes of the muster rolls of the workers engaged in connection with the scheme of protection of Vill-Dawaguri and its adjoining village from the erosion of Manas River executed under the Baghargaon VCDC,
  5. to send the summons through the Deputy Commissioner, Chirang for service to the CEO, Zilla Parishad / PD, DRDA, Chirang & BDO, Borobazar,
  6. the Commission decided to hear the case on 7.3.08 at 11.30 A.M.
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/CR.2/2007 Dated February 1, 2008

CC:

  1. The CEO, Zilla Parishad, Chirang, dist - Chirang though the Deputy Commissioner. Chirang
  2. The PD, DRDA, Chirang though the Deputy Commissioner. Chirang
  3. The BDO, Borobazar Development Block, Borobazar, dist - Chirang though the Deputy Commissioner. Chirang
  4. Shri Niranjan Mahanta, Ward No. 1, Kuklung Road, Bijni Town, P.O. Bijni, Dist- Chirang.
  5. The DIPR, Dispur, Guwahati.
  6. MD, AMTRON, Bamunimaidan
  7. Office file.

Secretary
State Information Commission, Assam