PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. KP(M) 25/2007

Dated 02-01-2008

Name of the Complainant:
Smt Gouri Roy
GMC House No. 50, Tribani Path
Bye lane No.2 Bhaskar Nagar, Guwahati

Name of the Public Authority/SPIO:
Director, Secondary Education

The following were present
1. Md. Mohsin Ali Director, Secondary Education
2. Smt. Gouri Roy

The complainant present alongwith one relative who was acquainted with the facts and circumstances of the case. Neither the Director, Secondary Education to whom the notice under section 18(2) of the RTI Act 2005 was issued nor the SPIO of his office was present. However on getting telephonic call from the office of the Commission, the Director Secondary Education, who was in a meeting in the Assam Secretariat, came and attended the hearing.

Brief of the case
On 6.8.07 a petition was received by the Commission from Smt Gouri Roy of the Guwahati in which she stated that the medical reimbursement bill of her late husband Mukul Ch. Roy could not materialize inspite of several requests before and after his demise and she had to apply for the information relating to the medical bill reimbursement from the SPIO of the Directorate of Secondary Education’s office, but she did not get any information. She stated that she applied for the information from the SPIO vide letter dated 12.5.07 along with the application fee. The petition received by the Commission was transferred on 31.8.07 to the Director, Secondary Education under section 6(3) of the RTI Act, 2005. But no information was received by her and hence she had to again approach the Commission on 29.10.07 with a complaint under section 18 of the Act.

The information sought for are as follows:

  1. To inform her the fate of her late husband’s prayer vide letter dated 13.6.2005 for reimbursement of her husband’s medical expenditure.
  2. To furnish with an appropriate justification for not submitting all the medical bills (in original) to the Directorate of Health Services.
  3. How much time was needed to process her late husband’s application for medical expenditure reimbursement?
  4. If the medical bills (in original) have not yet been submitted to the Directorate of Health Services then what is the fate of her late husband’s original medical documents (which were originally submitted to the Director of Secondary Education)?
Hence this case.

Submission of the parties
The complainant stated that her husband Mukul Ch. Roy died on 24.12.2005 after a prolonged illness and her husband had his medical treatment in Christian Medical College Hospital, Vellore on reference from the Director of Health Services. After undergoing treatment her husband submitted a medical reimbursement bill for an amount of Rs.44,028.78 along with all the bills, prescription etc. to the Director, Secondary Education, Assam on 13.6.05. However, her husband received a communication from the Directorate of Secondary Education that the Directorate had sent the bill to the Director, Health Services vide letter dated 13.12.05. Later she received a communication from the Director of Health Services stating that the original bills were not enclosed with the medical reimbursement bill and only the photostat copies were enclosed and that the Director, Health Services was not in a position to furnish admissibility report on photostat copies of the documents. The Director, Health Services advised the Director, Secondary Education that in case the original bills were not available necessary certificate might be furnished regarding missing of original bills for taking further action from him.

She further stated that she applied for information relating to the said bill to the SPIO of the office of the Directorate of Secondary Education vide her registered letter dated 12.5.07. But on not getting any reply she approached the Commission vide petition dated 6.8.07 about the non-furnishing of information by the SPIO of the said office. She further stated that the Commission was kind enough to transfer her petition on 13.8.07 to the Director of Secondary Education, Assam, but when she did not get any information she again approached the Commission on 29.10.07 with a complaint.

The Director of Secondary Education submitted before the Commission that he was not aware of hearing to day relating to the case of Smt Gouri Roy. He was also not aware whether the SPIO had received the petition. However he offered to extend all help and cooperation in the matter for processing of the medical reimbursement bill of the husband of the complainant if the complainant along with her relative could go to his office today. He stated clearly that he was not at all aware of this case and was completely in the dark about this particular case of medical reimbursement and without seeing the records he would not be able to make any submission on this particular case.

Observation of the Commission
The Commission observed that the complainant submitted her petition to the SPIO of the Directorate of Secondary Education vide her registered letter dated 12.5.07 enclosing a draft of Rs. 30/-. Later on the Commission also transferred the petition of the complainant along with the enclosures to the Director, Secondary Education under section 6(3) of the Act.

The Commission was of the opinion that both these letters must have been received by the Director of Secondary Education / SPIO of his office and the SPIO had not taken any action on the same. However the Commission in the fitness of things considered it necessary to ask the Director, Secondary Education to find out as to what action was taken on the original petition of the complainant dated 12.5.07 addressed to the SPIO of his office as well as on the letter of the Commission dated 31.8.07 transferring the petition along with the enclosures to him.

He should ascertain as to who received the transferred petition, whether it was sent to the SPIO of his office and what action was taken for furnishing information to the complainant. He should also obtain a written statement of the SPIO of his office as to when the SPIO received the petition dated 12.5.07 from the complainant and what action was taken by the SPIO on this petition.

As the Director, Secondary Education had offered to help the complainant in the processing of the medical reimbursement bill and for furnishing her the information the Commission considered it necessary to give him the opportunity for furnishing information and processing the medical reimbursement bill within a month.

Decision of the Commission
The Commission in the above circumstances decided to require the Director of Secondary Education under section 19(8)(a) of the RTI Act, 2005 to ;
  1. personally enquire into the matter of two petitions of the complainant including the transferred petition sent from the Commission. The Director, Secondary Education shall complete the inquiry on the points as mentioned above and send a report to the Commission with 30 days of the date of this order.
  2. locate the medical reimbursement bill and process the matter and send the proposal to the Director Health Services with the certificate as desired by the Director of Health Services. In case it is necessary to send the proposal to the Government in the Education, Secondary Department the Director should do so in which case the Commissioner & Secretary, Education (Secondary) Department should process the matter and inform decision on the matter to the Director, Secondary Education within 10 days of the receipt of the proposal from the Director of Secondary Education.
  3. in case both the petitions of the complainant including the transferred one are misplaced or no action was taken by the SPIO of the Directorate of Secondary Education or by the Director of Secondary Education or any other officer from whom assistance was sought by the SPIO for getting the information, the Commission would be constrained to impose penalty as stipulated under section 20 of the RTI Act, 2005.
  4. inform the complainant on the action taken as above by 2.2.08
The Secretary of the Commission should place the matter before the Commission on 2.2.08.


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) 25/2007 Dated January 2, 2008

CC:
1. The Commissioner & Secretary, Education (Secondary) Department, Govt. of Assam.
2. The Director, Secondary Education, Kahilipara, Guwahati, Assam
3. The Director, Health Services, Hengrabari, Assam
4. The SPIO of the Directorate of Secondary Education, Kahilipara, Guwahati, Assam
5. Smt Gouri Roy, GMC House No. 50, Tribani Path, Bye lane No.2 Bhaskar Nagar, Guwahati
6. The DIPR, Dispur, Assam
7. MD, AMTRON, Bamunimaidan.
8. Office file.


Secretary
State Information Commission, Assam