PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. NBL.271/2007

Dated 13-02-2008

Name of the Complainant:
Shri Hitesh Deka
Vill. P.O. Khakharisal,
Dist. Nalbari, Assam

Name of the Public Authority / SPIO:
PD, DRDA, Nalbari

The following were present

  1. Shri Subhas Buragohain, PD, DRDA, Nalbari
  2. Jabed Ali Ahmed, the then BDO of Borigog Bonbhag Dev. Block
  3. Shri Jitendra Kr. Nath, I/C BDO Pachim Nalbari Dev. Block
  4. Shri Hitesh Deka
Brief of the case
The Commission passed the following orders in the complaint case No. NLB.271/2007 (Shri Hitesh Deka vs. P.D. DRDA, Nalbari) as follows :
  1. The PD, DRDA Nalbari and the BDO, Pachim Nalbari Development Block will furnish the complete information in the format requested by the petitioner latest by 25th January, 2008. Failure to do so will invite imposing a fresh penalty immediately thereafter under section 20 (1) of the RTI Act, 2005.
  2. The Commission on careful consideration of the facts and circumstances of the case found prima-facie grounds to punish the PD, DRDA, Nalbari by imposing a penalty of Rs. 250/- per day to a maximum of Rs. 25000/- under section 20 (i) of the RTI, Act, 2005 for not furnishing of the information to the complainant.
  3. The Commission also found justifiable grounds to punish Mr. Jabed Ali the then BDO of Barigog Bonbhag Development Block by imposing a penalty of Rs. 250/- per day to a maximum of Rs. 25000/- under section 20 (i) of the RTI, Act, 2005 for not furnishing of the information to the complainant till 1.11.07
  4. The Commission further found that the BDO, Pachim Nalbari Development Block responsible for furnishing incomplete information to the complainant and proposed to impose a penalty of Rs. 250/- per day to a maximum of Rs. 25000/- under section 20 (i) of the RTI, Act, 2005 to him till furnishing of complete information.
  5. The Commission also directed the PD, DRDA, Nalbari, Mr. Javed Ali the then BDO of Barigog Bonbhag Development Block at present the BDO of Jamadarhat, Dhubri and the BDO, Pachim Nalbari Development Block to submit written statements showing cause as to why penalties as decided should not be confirmed.
  6. The PD, DRDA Nalbari will explain the circumstances why the letter No. DRD/NAL/MON/4.Pt/2006-07/951 dated 26.11.07 was delivered to the Commission office only on 27.12.07.
  7. The Commission decided to fix the next date of hearing on 13.2.2008.
Hence this hearing today

Submission of the parties
The complainant submitted that he received the information from the PD, DRDA, Nalbari on 11.1.08 and 12.1.08 relating to Pachim Nalbari Development Block and Barigog Bonbhag Development Block. But he found discrepancies in the figures of receipt of funds under the Central Share as furnished by the PD, DRDA, Nalbari and by the BDOs of the two blocks. He also did not get any information regarding the State Share from the BDOs and thought that the lists of beneficiaries furnished to him by the BDOs are also not complete as the amounts sanctioned and utilized do not tally. Hence he considered the information furnished as incomplete and incorrect.

The Project Director, Nalbari submitted that Shri Hitesh Deka the complainant submitted his petition directly to the BDOs of Borigog Bonbhag, Pub Nalbari and Pachim Nalbari Development Block. The BDO Pub Nalbari had already furnished the required information to the complainant within the stipulated time with intimation to him. He received the transferred petition from the Commission on 25.7.07 and sent a letter on the next date to the BDOs of both the blocks and directed them to furnish the information to the complainant within the stipulated time. He issued reminders on 23.10.07 to both the BDOs to furnish the required information to the complainant in time. But both the BDOs did not furnish information to the complainant till he made a complaint to the Hon'ble Commission on 7.11.07.

The PD, DRDA stated that the complainant had received the information from the BDO, Borigog Bonbhag Development Block on 17.12.07 and he expressed his satisfaction. He also stated that the complainant also received the information from the BDO, Pachim Nalbari Development Block except on two items i.e. IBS and 2nd installment of IAY. He stated that he asked both the BDOs to attend his office with complete information on 11.1.08. On receipt of the orders of the Commission dated 28.12.07 the required information were collected from both the BDOs and furnished to the complainant on 11.1.08 and 12.1.08. He sought unconditional apology from the Commission for not furnishing the information to the complainant on time and not being able to attend the hearing on the last date as he was busy in the Panchayat Election process.

He also sought apology for the typographical mistake in the date of the letter No. DRD/NAL/MON/4Pt/2006-07/951 which was inadvertently given as 26.11.07 but should have been 26.12.07. The PD. DRDA pleaded that he was ready to attend the hearing on 28.12.07 when on 26.12.07 the DC, Nalbari asked him to attend his office on 28.12.07 in connection with the conduct of Panchayat election. He sought apology from the Commission for all these lapses and requested the Commission to pardon him for his first lapse.

Mr Jabed Ali Ahmed the then BDO of Borigog Bonbhag Development Block presently BDO of Jamadarhat Development Block, Dhubri sought unconditional apology from the Commission for not being able to furnish the information to the complainant during his tenure as BDO as he was engaged in the works of preparation of Panchayat voter lists including verification of poling stations. He also submitted that as the information sought for by Shri Hitesh Deka the complainant had to be collected from 9 Gaon Panchayat offices under Borigog Bonbhog Development Block including the Anchalik Panchayat Office it took time. But later on he collected the compiled the information / records and tried to contact the complainant for furnishing the same to him but failed. He handed over the records to his relieving officer Sri Madhab Ch. Kalita, Extension Officer (Credit) so that he could in turn deliver the same to the complainant.

He stated that he left Borigog Bonbhag Development Block on 17.11.07 on transfer from the said block. But as he was busy in the preparation of preparation of Panchayat voter lists and verification of poling stations and as the information sought for was to be collected from the 9 nos. of Gaon Panchayat offices and the Anchalik Panchayat Offices he was not in a position to furnish the same in time. As such he sought unconditional apology from the Commission and prayed that he should be pardoned as it was his first lapse. He promised that he would be careful in future and such errors would not occur.

The complainant reiterated that he was not satisfied with the information furnished by the PD, DRDA relating to Pachim Nalbari Development Block and Barigog Bonbhag Development Block, in view of the discrepancy in the figures of funds under the Central Share as furnished by the PD, DRDA and by the BDOs. He stated that he would be able to point out the discrepancies in the figures as he had already obtained information relating to the release of funds under the Central and the State share from the PD, DRDA through a separate application.

Observation of the Commission
The Commission observed that the BDO Pachim Nalbari Development Block and the Borigog Bonbhag Development Block furnished information to the complainant which did not tally with the information of the PD, DRDA relating to the Central share. Moreover there appeared to be discrepancy in the list of beneficiaries of IAY houses. This needs to be reconciled by the PD, DRDA and correct and complete information should be provided. As such the Commission was of the view that some time should be given to the PD, DRDA for furnishing complete and correct information to the complainant on receipt of the petition from him showing the discrepancies in the information provided by the PD, DRDA as well as by the BDOs of these two blocks. On receipt of the petition from the complainant the PD, DRDA should furnish the complete and correct information to the complainant within 15 days.

The Commission perused the written statements of the PD, DRDA as well as of the then BDO of Borigog Bonbhag Development Block. The Commission also heard them . The Commission was of the view that the delay in furnishing information to the complainant by the PD, DRDA was due to his ignorance of the provisions of the RTI Act. He was notified by the Government as the SPIO of his office and it was his duty to collect the information from the BDOs concerned and compiled it and furnish the same to the complainant. He should not have transferred the petition to the BDOs concerned and directed them to furnish the information to the complainant after collecting it from his BDOs. However in view of his engagement in the Panchayat election and in view of the unconditional apology tendered by him the Commission was of the view that the order of imposition of penalty passed by the Commission on the last date of hearing should not be executed. The Commission also perused the written statement of Mr. Jabed Ali Ahmed the then BDO Borigog Bonbhag Development Block The Commission was of the opinion that the BDO Mr. Ali Ahmed could have collected the information from the Gaon Panchyatat offices and the Anchalik Panchayat office and furnished the same to the complainant during the tenure of his office after receipt of the petition from the complainant and after receipt of the petition from the PD, DRDA and after receipt of the reminder from the PD, DRDA. However in view of the unconditional apology tendered by him the Commission was of the view that he should be let off with a warning to be careful in future.

Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the case decided as follows:
  1. to advise the complainant to furnish a petition to the PD, DRDA pointing out the discrepancies found by him in the information provided by the PD, DRDA and by both the BDOs. On receipt of the same, the PD, DRDA will furnish the information in full and correctly to the complainant within 15 days of the receipt of the petition from the complainant with intimation to the Commission. On his failure to do so the Commission would impose a penalty on him at the rate of Rs. 250/- per day for every day of default up to a maximum of Rs. 25000/-
  2. The Commission decided not to execute the penalties imposed on the PD, DRDA Nalbari and Mr. Jabed Ali Ahmed the then BDO of Borigog Bonbhag Development Block
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 NBL.271/2007 Dated February 13, 2008

CC:

  1. Commissioner & Secretary, P&RD Deptt., Dispur for favour of information.
  2. The PD, DRDA, Nalbari
  3. The PD, DRDA, Dhubri. He is requested to serve this order upon Shri Jabed Ali, BDO of one of your Development Block.
  4. Shri Javed Ali, the then BDO of Barigog Bonbhag Development Block at present the BDO of Jamadarhat, Dhubri.
  5. Shri Madhab Kalita, BDO, I/c. Barigog Banbhag Development Block, Ghagrapar.
  6. The BDO, Pachim Nalbari Development Block, Nalbari
  7. Shri Hitesh Deka, Vill & P.O. Khakharisal, dist Nalbari, Assam , 781310.
  8. The DIPR, Dispur, Guwahati.
  9. MD, AMTRON, Bamunimaidan
  10. Office file.
Secretary
State Information Commission, Assam