Dated 28-11-2007

Name of the Complainant:
Shri Bishwajyoti Purkayastha
C/o. Alak Das, 1st Link Road, Lane No 1,
House No 45, Silchar, Cachar, Assam

Name of the Public Authority/ SPIO:
Education (Elementary) Deparment.

The following were present:
1. Shri R. Deka, Dy. Secy, Education Deptt & SPIO
2. Shri Biswajit Purkayastha NDA, Nalabri

The complainant absent. The SPIO of the Elementary Education Department present. The Commission decided to her the case exparte based on the records and in the interest of the speedy disposal of the case.

Brief of the case
On 24.9.07 a petition was received from Shri Bishwajyoti Purkayastha of Silchar regarding the non-receipt of some pending service benefits like arrear salary, joining time extension, pay protection etc. by his father Shri Bidyutjyoti Purkayastha who served as the Deputy Inspector of Schools, Cachar from the Government in spite of his petitions to the Commissioner & Secretary, Education (Ele) Department. He enclosed copies of the petitions of his father addressed to the Government. On 4.9.07, the Secretary of the Commission transferred the application of Shri Bishwajyoti Purkayastha to the Commissioner & Secretary, Education (Ele) Department for furnishing him the information about the non-payment of the pending service benefits.

On 10.10.07, the complainant again approached the Commission stating that the Commissioner & Secretary, Education (Ele) Department had not furnished the information as to when he would clear up the pending service benefits of his father. Hence this complaint case.

Submission of the parties
The Deputy Secretary, Education / SPIO stated that the letter dated 4.9.07 issued by the Secretary of the Commission transferring the petition of the complainant under section 6(3) of the RTI Act, 2005 was received by Mrs. S. Dutta, P.A. of the Commissioner & Secretary, Education (E) Department on 5.9.07 but it was traceable. As Mrs Dutta had been shifted he could not ascertain the position as to how the letter of the Commission was misplaced. However, he obtained a copy of the letter with enclosures on 16.11.07 after getting the notice dated 8.11.07 from the Commission. He tried to collect the information from the Director of Elementary Education, Assam but the information received by him was not complete.

Observation of the Commission:
The Commission was surprised to find that the office of the Commissioner & Secretary (E) Department did not take any care to ensure that the petition transferred under section 6(3) of the RTI Act from the Commission was not sent to the SPIO of his department. It was unfortunate that the said letter along with the enclosures was misplaced by his office though it had been received by his own P.A. Likewise the notice of the Commission dated 8.11.07 was also received by his personal staff on 12.11.07 but that letter was handed over to the SPIO only on 16.11.07.

Decision of the Commission:
The Commission on careful consideration of the facts and circumstances of the case decided under section 19 (8)(a)(i) of the RTI Act to :

(i) give one month's time to SPIO to furnish the complete and correct information to the complainant i.e. by 28.12.07

(ii) direct the Commissioner & Secretary, Education (E) Department to enquire into the matter of misplacing of the letter of the Secretary of the Commission dated 4.9.07 under which the petition of the complainant was transferred to him under section 6 (3) of the RTI Act, 2005 and also direct him to find out why the Commission's notice dated 8.11.07 received in his office on 12.11.07 was handed over to the SPIO only on 16.11.07.

(iii) further direct the Commissioner & Secretary, Education (E) Department to send the reports of enquiry about (a) the misplacing of the letter of the Secretary of the Commission dated 4.9.07 and (b) the late receipt of the notice by the SPIO from the office of the Commissioner & Secretary, Education (E) Department as mentioned at (ii) above by 28.12.07.

(iv) the Commission also decided to issue summon by name for personal appearance of the Commissioner & Secretary, Education (E) Department and his SPIO in case the compliance is not furnished by the date fixed herein and not found satisfactory.

(v) the Secretary of the Commission will place this file before the State Chief Information Commissioner on 29.12.07 for further order.

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)33/2007/36 Dated November 28, 2007

CC:
1. The Commissioner & Secretary, Education (Ele) Department, Dispur.
2. Shri R. Deka, Dy. Secretary, Elementary Education Department & SPIO, Dispur.
3. The Director, Elementary Education, Assam for immediate necessary action.
4. Shri Bishwajyoti Purkayastha C/o. Alak Das, 1st Link Road, Lane No 1,House No 45, Silchar, Cachar, Assam.
5. The DIPR, Dispur, Guwahati.
6. MD, AMTRON, Bamunimaidan.
7. Office file.


Secretary, State Information Commission,
Assam, Janata Bhawan Dispur