PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. NBL.4/2007

Dated 13-02-2008

Name of the Complainant:
Shri Sibanath Sarma
Vill. & P.O. Bali,
Dist. Nalbari, Assam

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

The following were present

  1. Shri Subhas Buragohain, PD, DRDA, Nalbari
  2. Shri Henkam Haolai, I/C CEO Nalbari
  3. Shri Tarun Ch. Sarmah, APO(M) & APIO
  4. Shri Sibanath Sarma
Brief of the case
On 24.9.07 a petition was received from Shri Sibanath Sarma of Nalbari in which he stated that he submitted 3 applications for information from the PD, DRDA, Nalbari regarding payment of bills. The first petition dated 24.9.07 related to order No. NR/DWCRA/Pt-1/98-99/29990 dated 23.7.98 as to why about 50% payment was pending till date in the office of the PD, DRDA. In another application he stated that he supplied some of the CCA & DWCRA materials in the office of the PD, DRDA against the order No NR/DWCRA/Pt-1/98-99/29991 dated 23.7.98. He applied before the SPIO of the office of the PD, DRDA on the matter on 29.6.07 but did not receive any information. Then he agitated before the SPIO of the office of the DC, Nalbari but to no avail.

The complainant also submitted one petition dated 24.9.07 before the Commission relating to order No. NR/DWCRA/Pt-1/98-99/29991 dated 23.7.98 stating that he had not received any payment for the supply of the articles till date inspite of the order of the Hon'ble High Court in this regard.

The complainant also filed another petition on the same date (i.e. 24.9.07) before the Commission relating to the supply order No. NR/DWCRA/Pt-1/98-99/622 dated 8.10.99 asking him as to why no payment was made till date for the supply made by him to the office of the PD, DRDA, Nalbari.

The Commission transferred all these three petitions of the complainant to the PD, DRDA under section 6(3) of the RTI Act directing him to furnish the same within the stipulated time. Then on 15.11.07 a petition was received from the complainant that the PD, DRDA did not furnish any information hence the Commission decided to draw up a complaint proceeding against the PD, DRDA.

Submission of the parties
The complainant submitted that in his first application he referred to the supply order dated 23.7.98 in which he received about 50% payment of the bill. He could not understand why the remaining amount was not paid since 1998 to him by the office of the PD, DRDA Nalbari.. He also stated that the payment was pending with respect to the supply order dated 8.10.99 from the office of the PD, DRDA and hence he prayed before the Commission that the PD, DRDA should be instructed to make his payment.

The PD, DRDA, Nalbari stated that in compliance with the direction of the Hon'ble Gauhati High Court in the case WP(C) NO. 4262/2002 the then PD, DRDA Nalbari disposed of the claim of the complainant by holding that the claim was not genuine and that the bill of the complainant could not be paid. He stated that a copy of the said order of the then PD, DRDA was furnished to the complainant. The PD, DRDA also stated that the articles supplied by the complainant were received by one APO(C) of the office of the DRDA who was not authorized to receive the same. In all these three cases Shri Rajen Das APO(C) received the articles but the articles were not received by the office and as such he was not in a position to make payment of the bills. The PD, DRDA stated that he was not in a position to make payment in view of the above.

The PD, DRDA informed that he had already furnished the required information to the complainant on 4.8.07.

Observation of the Commission
The Commission observed that the required information had already been furnished by the PD, DRDA, Nalbari but the complainant wanted payment of the outstanding dues from the PD, DRDA.

Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the case come to the conclusion that there was no cause for issuing any further direction as the information had already been furnished.

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.4/2007 Dated February 13, 2008

CC:

  1. The PD, DRDA, Nalbari
  2. Shri Henkam Haolai I/C CEO Nalbari Zilla Parishad, Nalbari
  3. Shri Siba Nath Sarma, Vill. & P.O. Bali, Dist- Nagaon, Assam
  4. The DIPR, Dispur, Guwahati.
  5. MD, AMTRON, Bamunimaidan
  6. Office file.
Secretary
State Information Commission, Assam