Dated 10-12-2007

Name of the Complainant:
Shri Makhan Ch. Doley
Secretary, General
Co-ordination Committee for SC/ST
Organization, Assam, Guwahati-5.

Name of the Public Authority/ SPIO:
Deputy Secretary, Agriculture Department.

The following was present:
1. Shri Makhan Ch. Doley.

The complainant present. Neither the SPIO of the Agriculture Department nor the Commissioner & Secretary, Agriculture Department to whom notices for appearance were issued appeared for the hearing

Brief of the case
On 2.8.07 a petition was received by this Commission from Shri Makhan Ch. Doley of Guwahati in which he sought for information relating to the filling up of reserved backlog vacancies in various departments of the Government as worked out by the Department of WPT & BC, Government of Assam. But none of the departments namely Agriculture, Cooperation, Home, Education, Animal Husbandry & Veterinary, Panchayat & Rural Development, Revenue, PWD, Water Resources and Health & family Welfare had furnished the information. Hence he submitted a petition to the Commission requesting the Commission to take action against the SPIOs of the Departments for violating the provision of the RTI Act, 2005.

On receipt of this petition the same was transferred by the Commission on 29.8.07 to the respective departments individually so as to give the departments a chance to furnish the information to the complainant. Then on 5.10.07 the complainant submitted a complaint stating that the departments concerned were yet to submit information to him inspite of the directions issued by the Commission to the departments to furnish information. The Commission issued notice to the Commissioner & Secretary, Agriculture Department on 13.11.07 to appear before the Commission along with the SPIO with all the details / records concerning the complaint under section 18 (2) of the said Act. The information sought for by him were as follows:

1. To furnish to the complainant the detailed information and position of back-log filled up by special drive and addresses of the offices in which the candidates have been appointed.

2. Whether any candidate belonging to the ST/SC/ST(H) appointed by the department resigned his / her post. If so, whether the vacant post had been filled up by the department. The name of the candidate who resigned if any from the post and filled-up by ST/SC/ST(H) against the vacant post should also be furnished with addresses.

3. The Cabinet Committee approved to fill up back log post of Grade-II and IV. In this connection some department diverted Grade-III post to grade -IV post and filled up without prior approval of the WPT & BC etc. department. If so, the reason for diverting of posts be asked to furnish in detail.

4. Some departments viz Education, Agriculture and land record (Revenue) were yet to fill up the backlog as on date. If so the reason for delay in filling up of the back-log

5. The concerned department also be asked to state as to whether the salary of the appointee have been paid.

Submission by the complainant
The complainant submitted that he was in receipt of the letter dated 28.9.07 from Shri K. Dutta, Deputy Secretary, Agriculture Department in which he stated that the Agriculture Department was to fill up 62 backlog vacancies in Grade II and Grade III as per instruction of WPT & BC Department. Accordingly the Agriculture Department had identified 13 nos. of posts in cadre of Junior Engineer (Agriculture) 49 nos. grade III posts out of which 13 posts of Junior Engineer had already been filled up with 3 ST(P) candidates, 4 SC candidates and 6 ST(H) candidates. In that reply the Deputy Secretary also stated that the Director of Agriculture, Assam being the appointing authority had taken steps for filling up of backlog posts. The Deputy Secretary also gave detailed position regarding the L.D. Assistants appointed in the district and the headquarters.

The complainant stated that he had perused the information provided to him by the Deputy Secretary and found that the information was incomplete and misleading. He stated that 33 posts were filled up by the Department of Agriculture and 29 vacancies were still lying vacant. Out of 33 filled up vacancies 3 persons did not join and as such the number of vacant posts should be 32 and not 29. Moreover the complainant wanted the addresses of the offices in which the candidates were appointed. He also wanted to know if any candidate had resigned from his / her post and whether the vacant posts were filled up by the department. Names of the candidates who had resigned from the posts and the candidates who had filled up these vacant posts were also to be furnished with addresses.

He further wanted to know in his petition dated 10.4.07 addressed to the Deputy Secretary, WPT & BC Departments, Government of Assam whether some departments had diverted Grade - III posts to Grade IV and filled up the same without prior approval of the WPT & BC Department. He also asked for information whether salaries of the appointees had been paid by the department or not. All these information was not given by the Deputy Secretary in his reply dated 28.9.07 and hence the complainant stated that necessary action should be taken against the SPIO of the Agriculture Department for giving him incomplete information as well as for misleading the Commission with false information.

Observation of the Commission:
The Commission observed that Shri K. Dutta, Deputy Secretary , Agriculture Department sent a letter dated 30.11.07 to the Commission stating that the required information had already been furnished to the complainant vide his letter dated 29.9.07. On perusal of the petition dated 10.8.07 as well as the petition dated 10.4.07 addressed to the SPIO and Deputy Secretary, WPT & BC etc. Department and the letter dated 23.4.07 from the Department of Welfare of Plain Tribes and Backward Classes issued to the Commissioner & Secretary, Agriculture Department and others it was very clear to the Commission that information furnished by the Deputy Secretary of the Agriculture Department vide his letter dated 28.9.07 which was misleading and incomplete.

The Commissioner & Secretary, Agriculture Department to whom the notice was issued did not care to take note of the notice and verify the position and be present before the Commission for hearing. This is a very serious state of affairs and the Commission considered it fit and proper to take steps to ensure the compliance of the orders of the Commission.

Decision of the Commission:
The Commission on careful consideration of the facts and circumstances of the case decided to:

i) impose a penalty of Rs. 250/- per day up to a maximum of Rs. 25,000/- under Section 20(1) of the RTI Act, 2005 for furnishing delayed, misleading and incomplete information. The penalty will be counted from the date the petition transferred by the Commission was received in the Agriculture Department. The SPIO, however, will be given a chance to submit his written explanation to the Commission why the penalty should not be executed within a month from the date of this order

ii) treat the Commissioner & Secretary, Agriculture Department as the SPIO under Section 5(5) of the RTI Act, 2005 as prima facie it appeared to the Commission that assistance was sought from him for collection of information and to pass the same on to the petitioner. The Commissioner and Secretary, Agriculture will accordingly submit a written explanation within one month from the date of this order why the Commission should not impose penalty on him under Section 20(1) of the RTI Act, 2005 for the delayed, misleading and incomplete information

iii) direct the Deputy Secretary and SPIO of the Agriculture Department to furnish complete and correct information in the format required by the petitioner within one month from the date of this order failing which the Commission will take it as a new case of refusal to provide information and initiate appropriate action

iv) fix 21.1.2008 at 11.30 hrs for appearance of the Commissioner and Secretary, Agriculture Department and Deputy Secretary & SPIO of the Department for further hearing for which the Secretary of the Commission will issue summons to them by name.

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
(Jaiuddin Ahmed)
Secretary, State Information Commission, Assam
Janata Bhawan, Dispur.

Memo No: SIC/KP(M)29/2007/55 Dated December 10, 2007

CC:
1. The Commissioner & Secretary, Government of Assam, Agriculture Department.
2. Shri K. Dutta, Deputy Secretary & SPIO of the Agriculture Department, Government of Assam.
3. Shri Makhan Ch. Doley, Secretary General, Coordination Committee for SC / ST Organisation, Assam, Guwahati-5.
4. The DIPR, Dispur, Guwahati.
5. MD, AMTRON, Bamunimaidan.
6. Office file.


Secretary, State Information Commission,
Assam, Janata Bhawan Dispur