PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. KP(M)23/2007

Dated 18-01-2008

Name of the Complainant:
Sri Partha Dev Goswami
C-2, 107 Santigram Housing Complex
Tripura Road, Guwahati -22

Name of the Public Authority / SPIO:
Political Department

The following were present
1. Shri R.K. Bora, IAS
Com. & Secy. Political Deptt
2. Shri P.C. Mahanta
SPIO, Political Deptt. -Public Authorities
3. Shri Partha Dev Goswami -Complainant

Brief of the case
On 9.8.07 a petition was received by the Commission from Shri Partha Dev Goswami of Guwahati in which he stated that he wanted a copy of the enquiry report of the Enquiry Committee headed by the Additional Chief Secretary, Shri C.K. Das, IAS, as well as some queries relating to it from the SPIO of the Political Department vide his petition dated 16.6.07. The SPIO furnished him incomplete information vide his letter dated 18.7.07. Hence he approached the Commission for getting information relating to the said enquiry.

He sought for the following information.

  1. What is the stage of action on the report of enquiry conducted by one man Committee of Shri C.K. Das, Additional Chief Secretary, Government of Assam into the irregularities in Srirampur and Chhagalia Check gates?
  2. To which department, ministers, officers were the report sent and what were their opinions?
  3. In the said enquiry report who were the people made responsible?
  4. What were the recommendations of the enquiry committee?
  5. To give a copy of the report.
On receipt of the petition the Commission vide letter dated 27.8.07 forwarded the petition to the Commissioner & Secretary, Political Department to treat this as the first appeal under section 19(1) of the RTI Act and to pass necessary orders within the stipulated time. Thereafter on 7.11.07 another petition was received from the petitioner in which he submitted a complaint under section 18(1) of the Act stating that the Commissioner & Secretary, did not dispose of the appeal and he was not furnished with any information and so the Commission might like to take necessary steps to provide him the information.

On receipt of this complaint, the Commission issued notice to the Commissioner & Secretary, Political Department to be present on 17.1.08 with the SPIO of the Department and with all records / details concerning the complaint. In the meantime a letter was received on 11.1.08 from the SPIO, Political Department that the Government in the Political Department informed the petitioner that the information as sought for cannot be furnished as it falls under the purview of Section 8(1)(a) of the RTI Act. The Commission received another letter on 14.1.08 from the Joint Secretary informing it that the Commissioner & Secretary, Political Department would not be able to attend the hearing in view of his pre-occupation the Commission on 17.1.08 . So the Commission deferred the hearing to 18.1.08.

Submission of the Parties
The complainant stated that he submitted the application for information to the SPIO of Political Department on 16.6.07 and he got the information on 18.7.07 from the SPIO to the effect that the enquiry report was under examination of the Government. Not being satisfied with the reply he approached the Commission on 9.8.07 and found that the Commission forwarded his petition to the Commissioner & Secretary, Political Department for treating the same as the first appeal and dispose it under section 19(1) of the Act. But he did not receive any information thereafter. Hence he had to approach the Commission again on 7.11.07 with a complaint.

The Commissioner & Secretary, Political Department, Government of Assam stated that he disposed of the appeal and communicated his decision to the complainant by post vide Government letter dated 8.1.08. He admitted that there was delay in the disposal of the appeal. He stated that the delay was not intentional.

He informed that the Government instituted one man Committee headed by Shri C.K. Das, Additional Chief Secretary to enquire into the alleged irregularities at Srirampur and Chhagalia check gates and he (Sri Das) had since submitted his report to the Government. The report is at present under the examination of various departments of the Government. He stated that on receipt of the appeal he referred the matter to the Judicial Department for their opinion as in his opinion the report contains information disclosure of which would adversely affect the security and economic interests of the Government. The Judicial Department gave opinion that he should dispose of the appeal under section 19(1) of the Act taking into consideration the exemptions as contemplated under section 8 and 9 of the Act.

Accordingly he examined the appeal and found that the enquiry report contains information including the names of the officers who were reportedly involved in irregularities and also recommendations the disclosure of which would adversely affect the security and economic interest of the state which comes within the exemption under section 18(i)(a) of the RTI Act, 2005. He also submitted that although did not mention it in the Government order dated 8.1.08, he was of the opinion that since the enquiry report contains information which would implicate persons in criminal activities, the same cannot be disclosed as it would impede apprehension and prosecution of the offenders. As such the information is exempted from disclosure under section 8(1) (h) of the Act.

The relevant file was in the meantime put up to the Chief Secretary and the Chief Minister and is at present under examination of the Finance Department. He clearly stated that unless the State Government decides about the action to be taken on the report as the report contains recommendations which may lead to institution of criminal cases, the same cannot be disclosed to any citizen. He strongly pleaded that as the subject matter is very sensitive it would be pre-mature to divulge the contents of the report. Hence he requested the Commission to exempt the enquiry report from disclosure as per provision of section 8(1)(a) & (h) of the Act.

The SPIO of Political Department admitted that he did not inform the petitioner about his right to appeal before the first appellate authority as required under section 7(8) of the Act and sought apology for the lapse.

Observation of the Commission
The Commission observed that the SPIO did not inform the petitioner, when he partly rejected his petition for furnishing information as sought for, the reasons for such rejection, period within which appeal may be preferred and particulars of the appellate authority to the petitioner as contemplated under section 7(8) of the Act. As such the petitioner had to submit the first petition to the Commission.

The Commission found that the delay in disposing of the appeal by the Commissioner & Secretary, Political Department was due to consultation with the Judicial Department and other departments of the Government. The Commission was of the opinion that the delay in taking action under section 19(1) of the Act was unintentional. So the Commission decided not to proceed further on this issue.

The Commission, without going through the enquiry report would not be in a position to decide whether any of the exemptions permissible under section 8 of the Act as advocated by the Commissioner would be applicable or not in this case. Moreover the Commission pointed out to section 8(2) of the Act in which it is emphasized that notwithstanding any of the exemptions permissible under section 8 of the Act, the public authority may allow access to information if the public interest outweighs the protected interest of the public authority.

The Commission is therefore, of the view that it should first examine the report and decide whether the public interest in disclosure outweighs the harm to the protected interests of the public authority i.e. Government.

The Commission was also informed by the petitioner that he was yet to receive the letter No. PLA(V)105/2007/6 dated 8.1.08 of the Political Department which the Commissioner & Secretary claimed to have dispatched by post. It was the letter rejecting the appeal under section 18(1)(a) of the Act and copy thereof should be given to the petitioner afresh.


Decisions of the Commission
In view of the observations made herein, the Commission decided as follows under section 19(8)(a) of the Act:

i) to direct the Commissioner & Secretary, Political Department Government of Assam to submit the file containing the enquiry report of the one man Committee headed by Shri C.K. Das, Additional Chief Secretary in sealed cover before the Commission by 17.2.08 through an authorized officer of the Government in the Political Department personally,
ii) to direct the SPIO of the Political Department to scrupulously follow the clauses of the RTI Act while disposing the RTI matters,
iii) to overlook the delay, which took place in disposing of the first appeal under section 19(1) of the Act by the Commissioner & Secretary, Political Department,
iv) to furnish another copy of the Government letter No. PLA(V)105/2007/6 dated 8.1.08 to the petitioner by post / hand delivery.
v) the Secretary of the Commission shall place the file as received from the Commissioner & Secretary, Political Department by 17.2.08 before the State Chief Information Commissioner.

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) 23/2007 Dated January 18, 2008

CC:

  1. The Commissioner & Secretary, Political Department, Government of Assam, Dispur
  2. Shri P.C. Mahanta, SPIO of the Political Department, Govt. of Assam, Dispur.
  3. Shri Partha Dev Goswami, C-2, 107 Santigram Housing Complex, Tripura Road, Guwahati- 22.
  4. The DIPR, Dispur, Guwahati.
  5. MD, AMTRON, Bamunimaidan
  6. Office file.

Secretary
State Information Commission, Assam