PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. KMJ.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, Hailakandi

The following was present

  1. Shri Nirupam Banerjee -Complainant

The PD, DRDA, Hailakandi absent without steps. But the complainant present. As it is a matter or records the Commission decided to hear the case ex-parte.

Brief of the case
On 26.7.07 a petition was received by the Commission from Shri Nirupam Banerjee of Silchar in which he stated that he sought for certain information relating to the implementation of 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 from the PD, DRDA, Hailakandi but he did not receive any information. On receipt of this petition the Commission transferred the case to the PD, DRDA, Hailakandi on 24.8.07 for disposal.

On 11.10.07 a complaint was received from Shri Banerjee stating that he had not yet been received any information although he completed all formalities according to RTI Act, 2005. The Commission sent the petition of the complainant to the CEO, Zilla Parishad, Hailakandi for disposal of the petition as first appeal. However on receipt of the complaint from the complainant on 13.11.07 the Commission decided to draw up a complaint proceeding against the PD, DRDA, Hailakandi and directed him to appear before the Commission along with the designated SPIO of his office today with all details / records. The information sought for by the complainant were as follows:
  1. The total amount of funds received by Hailakandi 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 by Hailakandi District Development Agency, Hailakandi 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 Panchayat under by Hailakandi 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 that neither the CEO, Zilla Parishad Hailakandi nor the PD, DRDA, Hailakandi took any initiatives on the orders of the Commission. He further stated that the CEO, Zilla Parishad Hailakandi did not hear his application forwarded by the Commission as first appeal. He also submitted that the PD, DRDA, Hailakandi did not furnish any information as sought for by him vide his petition dated 26.6.07. As such he compelled to submit a complaint on 17.11.07.

Observation of the Commission
The Commission found that the PD, DRDA, Hailakandi was absent without steps. Also the CEO, Zilla Parishad, Hailakandi did not hear the petition of the complainant which was forwarded by the Commission to him for disposal as the first appeal. Hence the Commission considered it as an act of refusal to provide information. Therefore Commission took view that a penalty at the rate of Rs. 250/- per day up to a maximum of Rs. 25,000/- should be imposed on PD, DRDA Hailakandi for his failure to furnish information to the complainant in time. The Commission was also of the considered opinion that it should impose a penalty of Rs. 250/- per day up to a maximum of Rs. 25,000/- on the CEO, Zilla Parishad, Hailakandi also with effect from the date on which 30 days had elapsed after he received of the petition forwarded by the Commission to take it for hearing it as the first appeal by treating him as the deemed SPIO.

Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the case decided as follows under section 19(8)(a) of the RTI Act, 2005:
  1. to direct the PD, DRDA Hailakandi to provide complete information within thirty days of this order failing which a separate penalty will be imposed on him from the next day of the expiry of 30 days,
  2. to impose penalty at the rate of Rs. 250/- per day up to a maximum of Rs. 25,000/- for every day of default on the PD, DRDA, Hailakandi for his failure to furnish information to the complainant prior to this order.
  3. to impose penalty at the rate of Rs. 250/- per day up to a maximum of Rs. 25,000/- for every day of default after 30 days of the receipt of the order of the Commission on the CEO Zilla Parishad, Hailakandi for his failure to hear the appeal as forwarded by the Commission on 31.10.2007,
  4. to issue summons to the CEO, Zilla Parishad, Hailakandi and the PD, DRDA, Hailakandi to be served through the S.P. Hailakandi for their appearance before the Commission on the next date fixed.
  5. the Commission decided to fix 25.3.08 at 1200 hours 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/HLK.2/2007 Dated February 14, 2008

CC:

  1. The CEO, Zilla Parishad, Hailakandi (through S.P. Hailakandi)
  2. The PD, DRDA, Hailakandi , Dist Hailakandi (through S.P. Hailakandi)
  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