PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. KP(M) 59/2007

Dated 08-01-2008

Name of the Complainant:
Shri Bijoy Barhoi
S/o. Sri Chhotkam Barhoi
Vill. Murhafeteli, PO & PS Tezpur

Name of the Public Authority / SPIO:
Director, Employment & Craftsmen Trg.

The Commission considered today whether the directions of the Commission in complaint Case No. KP(M) 59/2007 (Shri Bijoy Barhoi –vs- Director, Employment & Craftsmen Trg) conveyed to the Commissioner & Secretary, Labour & Employment Department, Government of Assam and to the SPIO of the Directorate of Employment & Craftsmen Training, Assam were carried out or not.

Brief of the case
The Commission heard the complaint case of Shri Bijoy Barhoi –vs- Director, Employment & Craftsmen Training, Assam in case No. KP(M) 59/2007 on 29.11.07 and passed the following orders:

  1. to treat the Commissioner & Secretary, Labour & Employment Department as the SPIO under section 5 (5) of the Act on the basis of the two letters issued to him by the SPIO of the Directorate of Employment & Craftsmanship Training for returning the file No. DET (E)A- 114/98/Pt.1 containing 64 note sheets and 583 correspondence sheets seized from the office of the Directorate of Employment & Craftsmanship Training on 30.1.2003. He was directed to return the said file within one month from the date of this order i.e. by 28.12.07 to enable the SPIO of the Directorate of Employment & Craftsmanship Training to furnish the requested information to the complainant and report compliance.
  2. to proceed under section 20(i) of the RTI Act, 2005 against the Commissioner & Secretary, Labour & Employment Department if he failed to comply with the direction given above.
  3. to direct the SPIO of the Directorate of Employment & Craftsmanship Training to furnish the information to the complainant within one week of the receipt of the file back from the Commissioner & Secretary, Labour & Employment Department and report compliance by 5.1.08.
The Secretary of the Commission in pursuance to the direction of the Commission placed the file before the State Chief Information Commissioner on 7.1.08 for further orders. In the file a letter No. GLR.182/2001/212 dated 19.12.07 was placed before the Commission as received from the Deputy Secretary to the Government of Assam, Labour & Employment Department in which it was clearly mentioned that file No. DET(E)-A-114/98/Pt.I which was seized from the office of the Directorate of Employment & Craftsmen Training, Assam had already been returned to the then Director of Employment & Craftsmen Training, Assam (Sri K. Kalita) who confirmed that the file in question was received by him and the same was kept in the office almirah. Subsequently Sri Zakir Hussain, Deputy Director of Craftsmen Training, Assam had informed the Deputy Secretary of the Department over telephone that the said file was located in the almirah as mentioned above. The Deputy Secretary, Labour & Employment Department directed the Director of Employment & Craftsmen Training, Assam to furnish the required information to the complainant Shri Barhoi within one week with intimation to the Government.

Observation of the Commission
The Commission observed that the Director of Employment & Craftsmen Training, Assam was clearly informed by the Government in the Labour & Employment Department that the said file No. DET(E)-A-114/98 was available in the almirah of the Director and Shri Zakir Hussain, Deputy Director of Craftsmen Training of the Directorate had also confirmed that the file had been located in the almirah. The Commission did not receive any confirmation from the Director of Employment & Craftsmen Training or from the SPIO of his office whether they had sent the information to the complainant as ordered by the Commission. This is a clear case of violation of the orders of the Commission.

Decisions of the Commission
The Commission therefore decided the following;
  1. the Commission in exercise of the powers conferred under section 20 (i) of the RTI Act, 2005 would impose penalty at the rate of Rs. 250/- per day up to a maximum of Rs. 25,000/- on the Director of Employment & Craftsmen Training, Assam and the SPIO of his office after going through the liability of each of them from records. However, in the interest of justice and fair play and to give reasonable opportunity to them the Commission decided to give them a chance to show cause as to why the penalty should not be confirmed.
  2. to issue summons to the Director of Employment & Craftsmen Training, Assam to be present before the Commission on the next date fixed with all the records.
  3. to issue notice to the SPIO of the Labour & Employment Department, Government of Assam to attend the next date of hearing will all records.
  4. the Commission fixed 28.1.08 for hearing of the case.
The Secretary of the Commission will place this file before the State Chief Information Commissioner on 28.1.2008 for further orders.

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) 59/2007 Dated January 8, 2008

CC:
1. The Commissioner & Secretary, Labour & Employment Department, Govt. of Assam Dispur
2. The Director, Employment & Craftsmanship Training, Assam, Guwahati
3. The SPIO of the Directorate of Employment & Craftsmanship Training, Assam, Guwahati.
4. Shri Bijoy Barhoi, S/o. Sri Chhotkam Barhoi, Vill. Murhafeteli, P.O. & PS Tezpur, Sonitpur, Assam
5. The DIPR, Dispur, Assam
6. MD, AMTRON, Bamunimaidan.
7. Office file.


Secretary
State Information Commission, Assam