PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. NBL.5/2007

Dated 13-02-2008

Name of the Complainant:
Shri Manoranjan Saud
Vill. & P.O. Niz Pakowa, P.S. Belsore
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 Manoranjan Saud
Brief of the case
On 24.9.07 a petition was received from Shri Manoranjan Saud of Niz Pakowa of Nalbari district in which he stated that an application under the RTI Act seeking information from the PD, DRDA, Nalbari regarding his pending payment for supply of materials was not responded till date. In his application he stated that he submitted an application before the SPIO of the office of the PD, DRDA on 22.6.07 asking him to release the due payable to him for supply of furniture in pursuance to the order of the PD, DRDA dated 8.10.99. In another application addressed to the SPIO of the office of the PD, DRDA he sought for information regarding payment of his bill for supply of stationery articles in pursuance to the order of the PD, DRDA, Nalbari dated 8.10.99. On receipt of this petition the same was transferred to the PD< DRDA vide letter dated 6.10.07. On 15.10.07 the petitioner Sri Saud informed the Commission that he had not received any information and hence this complaint case.

Submission of the parties
The complainant submitted that he sought for information about the payment of his outstanding bills vide his letter dated 22.6.07 from the PD, DRDA, Nalbari as he had supplied furniture and stationery articles to the office of the PD, DRDA. However he did not receive any payment and hence he approached the Commission for getting the information as to when the payments on the two bills would be received from the PD, DRDA.

The PD, DRDA submitted before the Commission that on 12.7.07 on receipt of this application dated 26.2.07 relating to the supply of furniture he informed the complainant vide his letter dated 12.7.07 that his claim was examined in the light of the Xerox copy of the supply order dated 8.10.1999 addressed to M/s. The Brother Enterprise, Nalbari and his claim could not be considered as per verification of his documents. However he informed the complainant that he might furnish other records in original if any to substantiate his claim.

The PD, DRDA stated before the Commission that the matter was agitated before the Hon'ble Gauhati High Court in WP(C) No. 1069/2003 (Shri Manoranjan Saud -vs- State of Assam & Others) and in pursuance to the order of the Hon'ble Gauhati High Court he had given him a chance to furnish original records if any regarding the supply. He also issued another letter to the complainant on 6.8.07 on receipt of the letter from the DC office dated 1.8.07 on the same matter as the complainant furnished another application to the D.C. Nalbari on 17.7.07.

The PD, DRDA further stated that he was in receipt of the letter dated 22.6.07 regarding supply of stationery articles as claimed by the complainant. On receipt of the same he had informed him that the claim of the complainant could not be considered as per verification of his documents and he asked the complainant to furnish original records if any in support of his claim.

The PD, DRDA submitted before the Commission that he was aware of the order of the Hon'ble Gauhati High Court in WP(C) No. 1069/2003 and in pursuant to that order he asked the complainant to furnish original records. He pleaded before the Commission that there was no delay in furnishing the information.

Observation of the Commission
The Commission observed that the PD, DRDA had already furnished the information in full and as such there was no cause of action in this regard.

Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the case concluded that there was no cause for any further orders by the Commission on this matter.

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.5/2007 Dated February 13, 2008

CC:

  1. The PD, DRDA, Nalbari
  2. Shri Manoranjan Saud, Vill & P.O. Niz Pakowa, P.S. Belsore dist Nalbari, Assam.
  3. The DIPR, Dispur, Guwahati.
  4. MD, AMTRON, Bamunimaidan
  5. Office file.
Secretary
State Information Commission, Assam