PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. KP(M)13/2007

Dated 04-02-2008

Name of the Complainant:
Shri Jyotish Ch. Talukdar
M/s. Ganesh Electric Store
Motilal Nehru Road, Panbazar, Ghy-1.

Name of the Public Authority / SPIO:
Chief Engineer, PWD (Building)

The following are present

  1. Smt. N. Sarmah, C.E, PWD, (B)
  2. Sri Debashis Saha, Addl. CE, PWD (E)
  3. Shri Khagendra Nath Das, SE(BT&P) & PIO
  4. Shri Samir Kr. Bhattacharjee, R.O. APIO
  5. Ms. Geeta Deka, Advocate -Representatives of the Appellant
  6. Sri Ranjit Medhi
The appellant absent. However, the advocate authorized by the appellant to represent him was present. Both the First Appellate Authority and the SPIO present.

Brief of the case
On 19.7.07 a petition was received by the Commission from Shri J.C. Talukdar of M/S Ganesh Electrical Stores, Guwahati in which he stated that he submitted an application on 15-6-07 to the SPIO of the office of the Chief Executive PWD, Assam for information. He stated that the SPIO furnished copies of some of the letters vide letters dated 17-7-07 and 25-6-07 and the SPIO stated in his letter that he asked two firms to give their views/ comments if the certified copies of the work orders which were allotted to M/S Assam Electricals, Baihata Chariali and M/S O.P. Garodia, Moranhat Dibrugarh could be furnished to the complainant or not.

The Commission forwarded this petition to the Chief Engineer(B) Assam to treat this petition as the first appeal u/s 19(1) of the R.T.I. Act. However, on 19-12-07, another petition was received from Shri Talukdar in which he alleged that the 1st Appellate Authority decided not to impose any penalty accepting that to be his first omission and letting him off with a warning to be careful in future although he directed the SPIO to provide complete information to the petitioner within 7 days.

Submission of the complainant
The Advocate representing Shri Talukdar submitted that the appellant prayed for imposition of penalty on the SPIO and the Appellate Authority for the delay in furnishing information/ disposing appeal. The 1st Appellate Authority Chief Engineer (B) submitted that the Chief Engineer, PWD (B) Assam fixed the date for hearing on 19-9-07 after receiving direction from the Secretary, Assam Information Commission on 23-8-07. But the Appellant refused to appear before the 1st Appellate Authority till pending disposal of his appeal by Information Commissioner.

The Secretary, AIC on 21-9-07 again directed the First Appellate Authority to dispose appeal under Sec. 19(1) on the same issue. The 1st Appellate Authority sought for necessary instruction from the Information Commission about the attitude of the appellant of not appearing before the 1st Appellate Authority. Then the appellant vide his letter dated. 19-10-07 expressed his willingness for appearance after 17-11-07. After receiving letter from the appellant, the 1st Appellate Authority fixed the date on 4-12-07 for hearing. In course of hearing the non-discloser of information by the Addl. Chief Engineer, (Electrical) could not be established and disposed the Appeal under Sec. 19(1) on 11-12-07 with necessary instruction to the Addl. Chief Engineer (Electrical) to furnish the information.

Observation of the Commission
The Commission observed that the First Appellate Authority heard the appeal petition of Shri J.C. Talukdar and after due hearing the First Appellate Authority directed the Additional Chief Engineer, PWD (E) to provide information which was withheld by him due to the involvement of third party within 7 days. Accordingly the Additional Chief Engineer, PWD (E) provided the information. The Commission observed that under section 20(1) & 20(2) of the RTI Act only the Commission had the power to impose punishment and the First Appellate Authority has no power to impose any punishment on the SPIO. The Commission therefore was of the opinion that the 1st Appellate Authority does not have any authority to exercise powers under section 20(1) & (2) of the Act.

Moreover the Commission found that the First Appellate Authority vide its order dated 4.12.07 directed the Additional Chief Engineer, PWD (E) to provide two remaining information to the appellant within 7 days of the date of issue of his order overruling the objection of the Additional Chief Engineer, PWD (E) that the point Nos. 5 & 6 of the information sought for by the appellant related to 3rd party involvement. The Commission also observed that the First Appellate Authority decided not to impose any penalty on the Additional Chief Engineer, PWD (E) and let him off with a warning to be careful in future. It is evident from the above that the First Appellate Authority exceeded his power as he was not empowered to impose any penalty on the SPIO under section 20 of the RTI Act. However as no penalty was imposed by the 1st Appellate Authority on the SPIO the Commission refrained from passing any further orders on this.

Decisions of the Commission
The Commission on careful consideration of the facts and circumstances of the case decided to reject the appeal.

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/ KP(M)13/2007 Dated February 04, 2008

CC:

  1. Smt, N. Sarmah, , Chief Engineer, PWD (B), Guwahati.
  2. Shri Debashis Saha, Additional Chief Engineer, (E), Guwahati
  3. Shri Khagendra Nath Das, Superintending Engineer (P) & PIO, office of the Chief Engineer, PWD (B) Chandmari, Guwahati -3
  4. Sri J.C. Talukdar, Ganesh Electric Store, Motilal Nehru Road, Panbazar, Guwahati-1.
  5. The DIPR, Dispur, Guwahati.
  6. MD, AMTRON, Bamunimaidan
  7. Office file.
Secretary
State Information Commission, Assam