PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. HLK.2/2007

Dated 14-02-2008

Name of the Complainant:
Shri Nirupam Banerjee
Ramkrishna Sarani, Sonai Road
Silchar, Dist. Nalbari, Assam

Name of the Public Authority / SPIO:
PD, DRDA, Karimganj

The following were present

  1. Shri T.K. Deka, APO (N) of the office of the PD, DRDA, Karimganj
  2. Shri Nirupam Banerjee

The complainant present. The CEO, Zilla Parishad, Karimganj absent without steps. The PD, DRDA, Karimganj absent but a representative Sri T.K. Deka , APO (N) of the office of the PD, DRDA present.

Brief of the case
On 1.8.07, a petition was received from Shri Nirupam Banerjee of Silchar in which he stated that he sought for information under the RTI Act, 2005 from the District Rural Development Agency and various development blocks in Karimganj district but only Lowerpur Development Block gave information.

On 15.9.07, on receipt of a petition of Shri Banerjee the Commission directed the CEO, Zilla Parishad, Karimganj to treat the same as the first appeal under section 19(1) of the RTI Act and pass necessary orders within the stipulated time under the act. Then the Commission on 11.10.07 received another petition from Sri Banerjee in which he stated that the concerned PD, DRDA did not give any information although he had completed all formalities under the RTI Act. On receipt of this petition the Commission drew up a complaint proceeding against the CEO, Zilla Parishad, Karimganj , PD, DRDA Karimganj. BDO, Ramkrishna Nagar Development Block, Ramkrishna Nagar, BDO, Lowerpua Development Block, Lowerpua, BDO, Patherkandi Development Block, Patherkandi, BDO south Karimganj Development Block and the BDO, Dullavcherra Development Blcok, Dullavcherra to appear before the Commission along the designated SPIO of their offices on 4.1.2008 with all details / records. It was clearly stated in the notice served on them that failure to comply with the said notice will result in initiating summons proceedings under section 18 (3) of the RTI Act, 2005. Then the Commission on the request made by the PD, DRDA, Karimganj deferred the date of hearing of the said case to 14.2.08. The information sought for by the complainant were as follows:
  1. The total amount of funds received by Karimganj District Rural Development Agency under various programmes like SGRY/SGSY/SHG/IAY/MLA Area Development Fund / MP Area Development Fund / NFBC/ Health Care/ Old age pension/ EFC/Backward Class Development fund/ IBS/FDR etc. in detail in the year 2003-2004 to 2006-07.
  2. The Action Plan / list sanctioned schemes/ list of beneficiaries under various programmes / projects like SGRY/SGSY/SHG/IAY/MLA Area Development Fund / MP Area Development Fund / NFBC/ Health Care/ Old age pension/ EFC/Backward Class Development fund/ IBS/FDR etc in detail in the year 2003-2004 to 2006-07.
  3. The total amount of funds directly executed / utilized in the year 2003-2004 to 2006-07 under various programmes (SGRY/SGSY/SHG/IAY/MLA Area Development Fund / MP Area Development Fund / NFBC/ Health Care/ Old age pension/ EFC/Backward Class Development fund/ IBS/FDR/ Mosquito Net etc) & Schemes showing the (a) Name of the Programme (b) Name & Location of the schemes / Name and address of the beneficiaries (c) Sanctioned amount, (d) Paid amount (e) Balance amount (f) Physical progress in percentage (g) Date of starting the work (h) Date of completion (i) Date of Labour payment (j) Name of the Executing officer (k) Remarks (if any)
  4. The total amount of funds allotted / released to the Gaon Panchayats under by Karimganj District Rural Development Agency under various programmes ((SGRY/SGSY/SHG/IAY/MLA Area Development Fund / MP Area Development Fund / NFBC/ Health Care/ Old age pension/ EFC/Backward Class Development fund/ IBS/FDR etc in detail date wise / programme wise in detail in the year 2003-2004 to 2006-07) & Schemes showing the (a) Name of the Programme (b) Name & Location of the schemes / Name and address of the beneficiaries (c) Sanctioned amount, (d) Paid amount (e) Balance amount (f) Physical progress in percentage (g) Date of starting the work (h) Date of completion (i) Date of Labour payment (j) Name of the Executing officer (k) Remarks (if any)
Submission of the parties
The complainant submitted before the Commission that Shri S. Thiek the CEO, Zilla Parishad, Karimganj was present in Guwahati to day purportedly on some official purpose and so he did not understand why he was not present in the hearing today. The Complainant informed the Commission that he had received all the required information relating to the seven blocks but did not receive any information relating to the utilization of 30% funds under various schemes of the Central and State shares allotted to the CEO, Zilla Parishad and 20% of the total fund allotted to the PD, DRDA under various schemes of the Government.

Shri T.K. Das, APO (M) of the office of the PD, DRDA submitted that he sent the petition of the complainant to all the seven BDOs on 26.6.07 for furnishing information to him. He stated that on 20.7.07 he issued a letter to the complainant stating that he could collect part information from him on payment of requisite fee and cost as per RTI Act. Then on receipt of the requirement of cost for furnishing information to the complainant as sent by the BDO, South Karimganj Development Block on 30.7.07 and from the BDO of Dulabchhara Development Block on 18.7.07 and from BDO, North Karimganj Development Block on 17.7.07, from the BDO of Lowerpua Development Block on 4.7.07 he sent a letter to the complainant on 2.8.07 informing him that he should deposit Rs. 20,000/- for each of the blocks. However the complainant did not deposit the cost. On 1.12.07 he again wrote to the complainant to deposit the cost of Rs. 20,000/- per block for preparation of records; however he did not deposit the same.

The APO stated that no allotment of fund under various schemes was made to the DRDA and the funds under the various schemes earmarked for Anchallik Panchayat are allotted to the CEO, Zilla Parishad. However all these schemes are implemented by the BDOs concerned. He clarified that 20% of the funds under various schemes of the Government are allotted to Zilla Parisahd share but all the works are done by the BDOs. Hence the information furnished by the BDOs covered the works done under Zilla Parishad share also.

Observation of the Commission
The Commission observed that the information as requested by the complainant was furnished by seven Blocks. However, the contention of the complainant that 30% of the Central and State shares released under the various schemes to the Zilla Parishad and 20% of the said funds released to the PD, DRDA had been contested by the APIO of the DRDA office Karimganj. The APIO had contended that no fund was released to the DRDA under these schemes and only 20% of the funds were released to the CEO Z.P under the various schemes as Zilla Parishad share but all the works were done by the Blocks concerned and no work was executed by the Zilla Parishad directly. The APIO also clarified that the BDOs had given complete information relating to all the funds received from the Governments and as such the information furnished by the BDOs is complete.

In the absence of the PD, DRDA Karimganj and the CEO, ZP, Karimganj the Commission was not in a position to decide the issue. Moreover no records of furnishing the information by the BDOs to the complainant were produced before the Commission today. The absence of the PD, DRDA as well as CEO, ZP appeared to be a tactic to avoid hearing today.

The Commission found that the PD, DRDA, Karimganj instead of furnishing the information as the SPIO of his office sent the petition of the complainant to the BDOs of the said seven Blocks and thereby failed to discharge his duty as the SPIO of his office. The CEO ZP, Karimganj did not hear the first appeal sent to him by the Commission and thereby he failed to discharge his duty as the First Appellate Authority without any reason.

Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the case decided as follows:
  1. to issue summons to the CEO ZP Karimganj and the PD, DRDA, Karimganj for appearance before the Commission on the next date fixed with all the records / details and to explain the position to the Commission correctly. The summons be served thorough the S.P. Karimganj.
  2. to direct the CEO Z.P.Karimganj to submit written statement to the Commission as to why he did not hear the first appeal as ordered by the Commission and also why he was not present for the hearing if he was physically present at Guwahati today (14.2.08)
  3. to direct the PD, DRDA Karimganj to submit written statement to the Commission as to why he failed to collect the information from the concerned BDOs of these seven blocks and send the same to the complainant after realizing the cost from him as per section 7 of the RTI Act as he had been notified as the SPIO of his office and the complainant submitted the application under the RTI Act to him directly.
  4. the Commission decided to fix 25.3.08 at 11.30 A.M. for hearing.
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/KMJ.2/2007 Dated February 14, 2008

CC:

  1. Shri S. Thiek, CEO, Zilla Parishad, Karimganj (through S.P. Karimganj)
  2. The PD, DRDA, Karimganj, Dist Karimganj(through S.P. Karimganj)
  3. Shri Nirupam Banerjee, Journalist, Ramkrishna Sarani, Sonai Road, Silchar, Dist-Cachar, Assam.
  4. The DIPR, Dispur, Guwahati.
  5. MD, AMTRON, Bamunimaidan
  6. Office file.
Secretary
State Information Commission, Assam