Dated 29-11-2007

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 following were present:
1. Shri Moloy Bora, Dir. Employment & Craft.Trg
2. Zakir Hussain, Dy. Dir. of Employment & Crafts. Trg
3. Shri Bijoy Barhoi

Brief of the case
On 24.9.07 a petition was received from Shri Bijoy Barhoi of Tezpur stating that he did not get information sought from the SPIO of the Directorate of Employment and Craftsmanship Training, Assam relating to the viva-voce test for the post of Jr. Instructor, Welder Trade in the year 1998-99.

The information requested were as follows :
1. Photocopy of the written interview marks held on 13.12.98
2. Photocopy of oral interview marks held on 16.1.04
3. Photocopy of bio-data of selected candidates.
4. Photocopy of the list of selected candidates prepared by Shri A.N. Bora the then Director.

As he did not get any reply from the SPIO of the Directorate of Employment and Craftsmanship Training, Assam he approached this Commission for getting the information as sought for by him. Hence this complaint case.

Submission of the parties
The complainant stated that during the tenure of Shri Amarendra Bora, a select list was prepared by Sri Bora and the name of the candidate was in the select list of 1998-99 but he was not given any appointment. Shri Bora was transferred from the post and then in the test held in 2005, he appeared but was not selected.

In 1998-99, the result of the written test was published in the notice board of the Directorate and he secured 68% marks in the test. So he wanted all the records connected with the selection of candidates for the post of Jr. Instructor, Welder Trade from the SPIO of the Directorate under the RTI Act, 2005 but he did not get copy of the records relating to the selection for the said post held in the year 1998-99 while he got copies of the records for the year 2005.

The SPIO stated that on receipt of the application of the complainant he searched for the records in the office of the Directorate of Employment & Craftsmanship Training but could not locate the file containing the records of the selection test of 1998-99. After a through search he found that there was a seizure list dated 30.1.03 from the Deputy Secretary, Labour & Employment Department, Government of Assam in which it was clearly stated that in pursuance of the office order of the Secretary, Labour & Employment communicated vide Memo No. GLR.182/2001/38-A dated 28.1.2003 he (Dy. Secretary) had seized the file No. DET (E)A-114/98/Pt.1/99 containing 64 note sheets and 583 correspondence sheets from the office of the Directorate of Employment & Craftsmen Training, Assam on 30.1.03.

He admitted that there was a delay in finding out the records which was unintentional and he tendered apology for it before the Commission.

He stated that he wrote to the Commissioner & Secretary, Labour & Employment Department, Government of Assam on 8.10.07 requesting him to return the documents as per seizure list as stated above so as to enable the Directorate to furnish the information under the RTI Act, 2005 as sought for by the complainant. He also noted that the Assam Information Commission had issued notice to the Director, Employment & Craftsmanship and him to appear before the Commission on 29.11.97 in this regard.

The SPIO stated that the complainant also wanted some records relating to the selection in the year 2005 which were furnished to him. But as the records for the selection for the post of Jr. Instructor, Welder Trade in the year 1998-99 was not available with him he had to write to the Commissioner & Secretary, Labour & Employment Department with a reminder on 19.11.07. He assured the Commission that as soon as the records were made available to him by the Government the information sought for by the complainant would be furnished to him.

Observation of the Commission:
The Commission observed that the SPIO took considerable time in finding out the position relating to the selection of candidate for the post of Jr. Instructor, Welder Trade in the year 1998-99. However, he wrote to the Commissioner & Secretary, Labour & Employment Department for returning the seized list to enable to Directorate to furnish information under the RTI Act, 2005. The Commission also observed that he sent a reminder to the Commissioner & Secretary on 19.11.07.

These two communications from the SPIO seeking assistance from the Commissioner are deemed to be action under Section 5 (4) of the RTI Act, for which the Commissioner & Secretary, Labour & Employment will be treated as SPIO under section 5(5) of the Act. The Commissioner & Secretary, Labour & Employment Department will therefore become liable for action under section 20(i) of the Act if timely action as directed herein is not taken by him.

Decision of the Commission:
The Commission after considering the issue in its entirety decided the following under section 19 (8)(a) of the RTI Act, 2005:

i) 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.1/99 containing 64 note sheets and 583 correspondence sheets seized from the office of the Directorate of Employment & Craftsmanship Training on 30.1.2003. He is 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.

ii) to proceed under section 20(i) of the RTI Act, 2005 against the Commissioner & Secretary, Labour & Employment Department if he fails to comply with the direction given above.

iii) 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.

iv) the Secretary of the Commission will place this file before the State Chief Information Commissioner on 7.1.2008 (Monday) 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
(Jaiuddin Ahmed)
Secretary, State Information Commission, Assam
Janata Bhawan, Dispur.

Memo No: SIC/KP(M)59/2007/35 Dated November 29, 2007

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, Guwahati.
6. MD, AMTRON, Bamunimaidan.
7. Office file.


Secretary, State Information Commission,
Assam, Janata Bhawan Dispur