PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION
Case No. KP(M) 33/2007
Dated 29-12-2007
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) Department.
The Commission had its hearing today to consider the report of the Commissioner &
Secretary, Education (Elementary & Secondary) Department, Government of Assam in
complaint case No KP(M).33/2007 (Shri Bishwajyoti Purkayastha –vs- Education (Ele)
Department).
Brief of the case
On 28.11.07 the Commission while hearing the complaint case No. KP(M).33/2007 decided to
- give one month’s time to SPIO to furnish the complete and correct information to the
complainant i.e. by 28.12.07
- direct the Commissioner & Secretary, Education (Elementary & Secondary) 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.
- 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.
The Commissioner & Secretary, Education (Elementary & Secondary) Department submitted vide his letter dated 27.12.07 to the Commission a report of inquiry on the above matter which was conducted by Shri G.N. Bora, Deputy Secretary, Education (Ele) Department.
Observation of the Commission
On perusal of the inquiry report the Commission found that the letter No. SIC/KP(M)33/07/8
dated 4.9.2007 was received by the Personal Assistant to the Commissioner & Secretary,
Education (Ele) Department on 5.9.07 and was diariesed by the P.A with 1378 as diary no.
The letter in question was sent to the Superintendent, Education (Ele) Department on 10.9.07
and accordingly the letter was received by the Diarist on the same day. Shri D.N. Sarma,
the then Superintendent of Education (E) Department who retired from service on superannuation
on 30.9.07 informed the Inquiry Officer that the letter received from the Assam Information
Commission was sent to the concerned officer by hand but no record was maintained.
However Shri R. Deka , Deputy Secretary, Education Department who is the SPIO of the
Department stated that he did not receive any letter dated 4.9.07 from the Commission.
The Inquiry Officer found that the letter was misplaced by the then Superintendent of
the department. Neither the dealing assistant nor the officer received the letter although
the then Superintendent informed the Inquiry Officer that it was immediately sent to the
concerned officer. As such the Inquiry Officer could not exactly fix responsibility on
any officer / official in this regard.
The Commission found that the Inquiry Officer also enquired into the late receipt of the
notice of the Commission dated 8.11.07 and that the notice dated 8.11.07 was received by
the personal staff of the Commissioner on 12.11.07. The late receipt of the notice by the
personal staff of the Commission was due to Puja holidays from 9.11.07 to 11.11.07. Records
reveals that notice was handed over to the SPIO only on 16.11.07.
From the above it is evident that there is no system whatsoever in the Education (Elementary
& Secondary) Department in the case of receipt and disposal of the RTI applications / matters.
It is clear that no attention was given to this very important aspect of administration inspite
of the enactment of the Right to Information Act on 15th June, 2005. The Personal Assistant of
the Commissioner & Secretary kept the important document transferred by the Commission from
8.9.07 to 10.9.07 reflecting badly on the functioning of his own personal staff which amounted
to the delay in furnishing the information. This is unacceptable to the Commission.
The department continues to deal with RTI matters extremely carelessly inspite of the fact
that the Public Authority as well as the SPIO had interacted with the Commission and this
lacuna was pointed out to them earlier. Hence the Commission is of the view that, in exercise
of the powers vested in the Commission under section 19(8)(a) of the Act, it should issue
directive to the Commissioner & Secretary, Education (Ele & Sec.) Department, Government of
Assam to take suitable steps as are considered necessary to secure compliance of the provision
of this Act.
Decisions of the Commission
The Commission decided to issue formal advisory to the Commissioner & Secretary, Education
(Ele & Sec) Department, Government of Assam and direct him under section 19(8)(a) (iv) of the
RTI 2005 to streamline the system of disposal and receipt of the RTI petitions / matters
immediately. He should ensure opening up of receipt registers separately for matters relating
to RTI and direct all the staff and officers under him to keep record of the movement of the
RTI papers in such registers.
With these direction the Commission dispensed with the personal appearance of the Commissioner
& Secretary, Education (Ele) Department, Assam, but he will report compliance with these
direction by 22.1.08.
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) 33/2007 Dated
December 29, 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, Assam
6. MD, AMTRON, Bamunimaidan.
7. Office file.
Secretary
State Information Commission, Assam