PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. KRJ.2/2007

Dated 10-01-2008

Name of the Complainant:
Shri Bhuramal Sharma
Vill & P.O. Fakiragram
Dist- Kokrajhar (Assam)

Name of the Public Authority / SPIO:
MD, LAEDCL, Guwahati & Kokrajhar
Electrical Division, LAEDCL, Kokrajhar

The following were present
1. Shri Arun Kumar Dey Kokrajhar Electrical Division LAEDCL, Kokrajhar
2. Sri Madan Mohan Brahma SDE Fakiragram Electrical Sub-Divn, LAEDCL, Fakiragram
3. Shri Dinesh Sharma - Representative of the Complainant

The complainant absent but his son, as authorized by him, was present to represent him. The Sr. Manager Kokrajhar Electrical Division LAEDCL, Kokrajhar along with the SDE, Fakiragram Electrical Sub-Division were present. The MD, LAED Co. Ltd who was also issued notice for appearance informed the Commission through a letter dated 7.1.08 his inability to attend the hearing on account of his engagement with Panchayat Election in the state. The Commission accepted his request for exemption from appearance with the remark that he could have informed the Commission of it much earlier as the Panchayat Election was scheduled long time ago and was not a sudden event.

Brief of the case
On 2.11.07 a petition was received from Shri Bhuramal Sharma of Fakiragram in Kokrajhar district in which he submitted a complaint under section 18(1) of the RTI Act, 2005 against the SPIO of Assam State Electricity Board, Fakiragram Electrical Sub-Division, Fakiragram and against the First Appellate Authority, LAEDCL, Kokrajhar. He stated in his petition that he sought for certain information from the PIO of ASEB, Fakiragram Electrical Sub-Division on 17.8.07 under the RTI Act 2005. The information provided to him by the said SPIO was misleading and certain documents were not provided to him as sought for. He also stated that in response to his appeal dated 23.8.07 under section 19(1) of the RTI Act 2005 the First Appellate Authority did not respond within the stipulated time and hence he had submitted this complaint under section 18(1) of the RTI Act, 2005.

In his application before the SPIO he sought for the following information :

  1. Details of test report along with copy of his application for seeking power connection under Meter No D.L.36 since inception.
  2. Details of case history regarding the recently prepared so called misappropriation bill against Meter No D.L.36
  3. Regarding changing of meter of DL 598. Ground of changing. Handing over of his earlier meter to him which was running in good condition and taking / changing of meter rent thereof.
  4. Details of rules regarding disconnection without serving notice (ASEB’s rules framed thereof) to him on 17.8.07.
  5. Regarding rules in connection with absence from duty and headquarters of the staff without permission and disciplinary action thereof.
Submission of the Parties
The complainant submitted before the Commission that the Assam State Electricity Board of Fakiragram Electrical Sub-Division, Fakiragram disconnected the electrical connection to his house without any notice and as such he wanted information as sought for him vide his application under the RTI Act before the SPIO. But the SPIO furnished him incomplete and misleading information and as such he had to submit the first appeal under section 19(1) of the RTI Act before the Senior Manager, Kokrajhar Electrical Division, LAEDCL, Kokrajhar, the First Appellate Authority.

At the time of his approaching the Commission he did not receive any information and only on 4.1.07 he received a letter from the First Appellate Authority i.e. the Senior Manager, Kokrajhar Electrical Division, LAEDCL, Kokrajhar in which he received most of the information sought for except the test report . He also submitted that as per the electricity regulation a notice was to be served to the consumer before disconnecting the electricity connection but no notice was served to him before disconnecting the electricity connection of his house. He also submitted that the meter which was seized from his house was not returned to him by the authorities.

The First Appellate Authority, Shri Dey, admitted that there was a considerable delay on his part to dispose of the first appeal submitted to him by the complainant as he had to search for the old records relating to the test report etc of the complainant. He submitted that the test report and application form were submitted by him (complainant) 35 years back for service connection in his premises in Serfunguri R.E. Sub-Division.

Serfunguri Sub-Division was abolished more than 20 years back and the functions were handed over to Fakiragram Electrical Sub-Division. Though they tried to locate the test report and application. It appeared that at the time of handing over of papers it was misplaced. They could not trace it till date. But as per Consumer ledger his connected load is 1 KW, which was imprinted on the bills served to him.

He further stated that as a part of exercise undertaken by the central team of Kokrajhar Electrical Circle to check theft of power through any of the methods as mentioned in Section 35 of the Electricity Act 2003 his premises was inspected. During inspection it was found to have a connected load at 2340 watt. He (complainant) was found to be using power other than the authorized. Details of load at his premises at the time of inspection by the central team from Kokrajhar were sent to him.

He also submitted that regarding payment made for fixed charge against bill No. 011/18682 dated 25.07.05 under D/L 36 was not for 2 KW as claimed by him but for 1 KW load only as per revised tariff with effect from 3 rd June 2005. He further stated that changing of Meter to consumer No. DL.598 was done as per Circular ASEB/APDRP/188/03/CM dated 24.9.04.

The Senior Manager also furnished him a copy of the consumer ledger of 1988 in which the connection load of the complainant was shown as 460 Watt. He also furnished a copy of the inspection report as well as the relevant Schedule of Tariff effective from 3.5.2005 as well as the circular of ASEB regarding the replacement of existing meter by new electronic meter to the complainant.

The Senior Manager further stated that there was a case pending before the Hon’ble High Court regarding the disconnection and the connection was restored on 1.10.07 by the orders of the Hon’ble High and the case is sub-judice. He admitted that he was totally ignorant of the provision of the RTI Act, 2005 and he was not aware that he was the First Appellate Authority of his establishment and when the orders of the Gauhati High Court was received asking ASEB to restore the connection to the complainant it was done so and he thought that once the connection was given there was no necessity on his part to dispose of the appeal.

He further submitted before the Commission that he consulted with the local advocate of ASEB who also could not give him any advice as he stated that the RTI Act is a new legislation. He apologized before the Commission for taking such a long time in disposing the appeal. He assured the Commission that the meter would be returned immediately and that in future he would take adequate steps to streamline the system of disposal of RTI matters / applications.

Observation of the Commission
The Commission observed that the matter of disconnection of the electricity to the complainant’s house was under consideration of the Hon’ble High Court and the Commission would refrain from making any observation on this issue.

The Commission found that although the SPIO concerned did not furnish all the required information to the complainant in his letter dated 20.8.07 however, the Senior Manager Kokrajhar Electrical Division LAEDCL, Kokrajhar furnished him all the available information except the test report and the application form submitted by the complainant as these documents were submitted 35 years back and the same were misplaced at the time of handing over of the records from the Serfunguri R.E. Sub-Division to Fakiragram Electrical Sub-Division.

The Commission accepted the position and as the complainant was furnished with a copy of the consumer ledger the inability to furnish the test report and the application form would not harm the interest of the complainant.

The Commission however, observed that the meter which was seized from the complainant should have been returned to the complainant and hence the Commission would order its return immediately.

The Commission was constrained to observe that there is a total lack of knowledge on the part of the ASEB functionaries about the functioning of the RTI Act and was aghast to see that even an official of the rank of Senior Manager of Electrical Division was not aware of the provision of the Act. Worst, the Sr. Manager did not even know that he was the First Appellate Authority under section 19(1) of the Act. The Commission would direct that corrective steps should be taken by the ASEB authorities to ensure that the implementation of the RTI Act 2005 be scrupulously effected by them.

The Sr. Manager who is the First Appellate Authority and who submitted that he was not conversant with the RTI Act and the time limit under section 19(6) of the Act was reminded by the Commission that as a responsible public functionary, he was a duty to attend to all the public grievances within a reasonable time and not keep them unattended for long period. In that count above he failed to carry out his responsibility.

Decisions of the Commission
The Commission on careful consideration of the facts and circumstances of the case decided to direct under section 19 (8)(a) of the RTI Act, 2005:
  1. The Senior Manager, Kokrajhar Electrical Division LAEDCL, Kokrajhar to return the meter to the complainant immediately.
  2. The Managing Director, Lower Assam Electricity Distribution Co. Ltd. will issue necessary instruction on the system of disposal of RTI matters / applications in all the offices under his jurisdiction.
  3. Likewise the Chairman, ASEB, Assam will issue instructions on the system of disposal of RTI matters / applications in all the offices under his jurisdiction in the State.
  4. The Chairman ASEB and the MD, LAED Co. Ltd. will also provide copies of the orders designating SPIO / ASPIO and 1 st Appellate Authorities to the officers working under them with copies to the Commission.
Compliance with these directions will be reported by the public authorities named in (i) (ii) & (iii) above by 11.2.08.



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/KRJ 2/2007 Dated January 10, 2008

CC:
1. The Chairman, ASEB, Bijulee Bhawan, Guwahati
2. The Managing Director, Lower Assam Electricity Distribution Co. Ltd. Bijulee Bhawan, Paltanbazar, Guwahati.
3. The Senior Manager, Kokrajhar Electrical Division LAEDCL, Kokrajhar
4. Shri Bhuramal Sharma, Vill. & P.O. Kokrajhar, Assam.
5. The DIPR, Dispur, Guwahati.
6. MD, AMTRON, Bamunimaidan.
7. Office file.


Secretary
State Information Commission, Assam