PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. NGN.14/2007

Dated 12-12-2007

Name of the Complainant:
Sri Bijoy Chakraborty
Vill. & P.O. Jugijan Bazar
Dist. Nagaon, Assam

Name of the Public Authority:
PD, DRDA, Nagaon.

Brief of the case
On 19.11.07 the Commission while disposing the complaint Case No. NGN.14/2007 (Sri Bijoy Chakraborty ? vs- PD, DRDA, Nagaon) was pleased to decide as follows:

  1. The Commission came to the conclusion that there was a delay of 92 days from 18.7.07 to 17.10.07 in furnishing the information to the complainant. This being a case of delay without any reasonable ground the Commission decided to impose penalty of Rs. 250/- per day on the PD. DRDA, Nagaon in exercise of its power under section 20 (i) of the RTI Act, 2005, . The P.D, DRDA Shri R.K. Borthakur will show cause as to why the penalty should not be executed and the money recovered from him. He should send his written reply to this show cause notice by 4 December 2007.
  2. Further the Commission directed the CEO, Zilla Parishad, to furnish information which was available with him to the complainant free of cost in presence of the Commission, which was done
  3. The Commission also directed the PD, DRDA to streamline the administration of his office in so far the RTI matters are concerned and ensure that the petitioners are not harassed in submitting petitions under RTI Act.
  4. The Secretary of the Commission will put up this file again before the State Chief Information Commission on 5.12.07 for final orders.
Observation of the Commission
In pursuance of the decision of the Commission Shri R. Borthakur, Project Director, DRDA, Nagaon submitted a reply to the show cause notice. He admitted in his written explanation that the information sought for by Sri Bijoy Chakraborty in the complaint case could not be provided to him within the time limit. He admitted that it was a mistake on his part to transfer the application of Sri Bijoy Chakraborty to the BDO, Jugijan Development Block & the BDO, Dhalpukhuri Blocks on 19.6.07 under section 6(3) of the RTI Act, 2005 as they were not notified as SPIOs for their respective offices. He admitted that the application was transferred to the said BDOs wrongly as the information required related to their offices.

He also stated that as the concerned BDOs were under his direct control and jurisdiction it was his responsibility to collect the information from them directly and send the information to the complainant from his end without transferring the application to the concerned BDOs. He stated that this procedural irregularity as done by him was totally unintentional. Moreover he explained that the information could not be provided to the complainant within the time limit as the complainant did not deposit Rs. 182/- as cost for furnishing him the information in the office of the BDO, Jugijan Development Block even on receipt of the letter dated 6.7.07 of the BDO of the said block asking him to deposit the same. However, the BDO, Dhalpukhuri Development Block did not furnish the information to him or to the complainant inspite of his reminder dated 22.8.07 from him.

He further stated that while the information of the BDO, Jugijan Development Block was available with him which was sent to the Chief Executive Officer, Zilla Parishad, Nagaon on 12.9.07, the information from the BDO, Dhalpukhuri Development Block was received on 16.10.07 and hence the delay was not intentional on his part and it was mistake of law on his part to transfer the petition of the complainant to the concerned BDOs. He further admitted that there was some irregularity in taking steps to streamline the system of receipt and disposal of the RTI matters in his office, but on receipt of the direction from the Commission he had taken steps to streamline the process so that no citizen was harassed in this regard. He further stated that he had furnished information to the complainant free of charge on 19.11.07.

He assured the Commission that such lapse would not recur and that he would sincerely implement the RTI Act. He begged for exercising him for that unintentional lapse.

Decision of the Commission
On careful consideration of the facts and circumstances of the case and the explanation submitted by the PD, DRDA, Nagaon and in view of the assurance given by him that in future he would sincerely implement the RTI Act, the Commission decided that the penalty imposed on him under section 20 (1) of the RTI Act, 20005 for the period from 18.7.07 to 17.10.07 for his failure to furnish information within the stipulated time should not be recovered from him. The Commission further warned him to be careful as such lapses would not be condoned in future.

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/NGN.14/2007 Dated December 12, 2007

CC:
1. The Project Director, DRDA, Nagaon.
2. The CEO, Zilla Parishad, Nagaon.
3. Sri Bijoy Chakraborty, Vill & P.O. Jugigan Bazar, Dist. Nagaon, Assam, Pin 782429.
4. The DIPR, Dispur, Assam
5. MD, AMTRON, Bamunimaidan.
6. Office file.


Secretary
State Information Commission, Assam