Dated 18-12-2007

Name of the Complainant:
Shri Lalchoisang Hmar,
Mahur Garden, N.C. Hills.

Name of the Public Authority:
Commissioner & Secretary
Home & Political Department.

The following were present:
1. Shri Pratap Ch. Mahanta,
Deputy Secretary, Political Deptt. & SPIO.

The complainant absent without intimation. The SPIO of the Political Department present.

Brief of the case
Shri L. Hmar of Mahur, N.C. Hills submitted an application under the RTI Act, 2005 on 28.8.207 before the Commission requesting the Commission to furnish a copy of the report of Justice (Retd.) P.C. Phukan Commission on the Dimasa - Hmar ethnic clash of 2003. The Commission transferred the application to the Commissioner & Secretary, Home & Political Department on 10.9.2007. Thereafter, on 15.10.2007 a complaint was received from the petitioner to the fact that the SPIO of the Political Department had not furnished him the information within the stipulated time in spite of the receipt of the transferred petition from the Commission. Hence this complaint case.

Statement of the SPIO:
Shri P.C. Mahanta, Deputy Secretary, Political Department cum SPIO informed the Commission vide his letter dated 17.12.2007 that he had already sent a reply to the complainant on 20.9.2007 under certificate of posting. Shri Mahanta stated that he infonned the petitioner that the information sought for by him was exempted under Section 8 (i)(a)& (c) of the RTI Act, 2005 and therefore it could not be furnished to the petitioner.

Observation of the Commission
The Commission perused the letter of the SPIO addressed to the complainant and found that the information was withheld from the complainant by the SPIO in exercise of powers under the Section 8(i)(a) & (c) of the RTI Act, 2005 and he was informed accordingly. As the letter was sent to him under certificate of posting on 20.9.2007 i.e. within the stipulated period, the Commission found that the complainant was intimated within the stipulated time that the information could not be furnished to him as the same was exempted under Section 8(i)(a) & (c) of the RTI Act, 2005. The Commission further observed that in case the complainant was not satisfied with the reply, he might feel free to approach the First Appellate Authority i.e., Commissioner & Secretary, Political Department under Section 19(i) of the RTI Act, 2005. In case the complainant files an appeal before the First Appellate Authority and the order of the 1st Appellate Authority was not satisfactory to him, the complainant might feel free to approach the Commission on second appeal under Section 19(3) of the Act.

Decision of the Commission
The Commission disposed of the case with the above observations.

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.

CC:
1. The Commissioner & Secretary, Home & Political Department, Dispur.
2. Shri P.C. Mahanta, Deputy Secretary & SPIO, Political Department, Dispur.
3. Shri Lalchoisang Hmar, Mahur Garden, P.O. & P.S. Mahur, Dist. N.C. Hills, Assam788810.
4. The Director, Information & Public Relations, Dispur.
5. MD, AMTRON, Bamunimaidan.
6. Office file.

Secretary
State Information Commission, Assam