Dated 19-11-2007
Name of the Complainant:
Sri Bijoy Chakraborty
Vill. & P.O. Jugijan Bazar, Dist. Nagaon, Assam
Name of the Public Authority/ SPIO:
PD, DRDA, Nagaon.
The following was present:
1. Shri R.K. Borthakur PD, DRDA, Nagaon
2. Shri K. Kachari CEO, Nagaon Zilla Parishad
3. Shri Bijoy Chakraborty.
Brief of the case
On 4.9.07 a petition was received from Shri Bijoy Chakraborty of Jugijan Bazar, Nagaon stating that
he applied for information from the Project Director, DRDA, Nagaon but did not get the same. It was
transferred to CEO, Zilla Parishad, Nagaon under section 6(3) ofRTI Act, 2005. The information
sought for are as follows:
1. The entire scheme implemented in Hojai LAC by Jugijan and Dhalpukhuri A.P. since the elected
body comes into power to till today.
2. Head wise allocation, sanction of all the schemes may kindly be mentioned with pinpoints.
3. IBS list with proper address may kindly be supplied.
4. Details about Hariyalli Scheme which is already in progress in various Oaon Panchayats under
the Dhalpukhuri Aanchalik Panchayat and Jugijan, Aanchalik Panchayat.
On 1.10.07, a complaint was received from the petitioner under section 18 of the RTI Act, 2005 in
which he demanded action against the P.D. DRDA, Nagaon for his failure to give information.
Prior to that in another petition dated 10-9-07 he stated that he received a 'letter from the CEO ,
Zilla Parishad, Nagaon in which he instructed the PD, DRDA Nagaon and the BDOs of Jugijan and
Dhalpukhuri blocks to furnish him the information. He demanded action uls 18 of the Act against
the concerned authorities. Accordingly, notices were issued to the CEO, Zilla Parishad, Nagaon
and the PD, DRDA Nagaon for inquiry under section 18(2) of the RTI Act on 6.11.07.
On 1.11.07 a request was received from the CEO, Zilla Parishad, Nagaon and the P.D. DRDA, Nagaon
that as both he and the P.D. DRDA, Nagaon would be busy in the meeting of the District Monitoring
and Vigilance Committee fixed on 6.11.07 the date for hearing might be deferred. Accordingly a
revised date for inquiry was fixed for today.
Submission of the parties
The complainant submitted that he went to the offic,e of P.D. DRDA, Nagaon on 4.6.07 personally to
hand over his application for information relatipg to the schemes implemented in Hojai LAC by Jugijan
and Dhalpukhuri Anchalik Panchayat, but as the dealing assistant, one Shri Lalung was not present,
his application was not received. Again on 18.6.07 he went to there and his application was received
by the office of the P.D. DRDA, Nagaon. He pointed out that if Shri Lalung was not available in the
office of the P.D. DRDA, Nagaon nobody wanted to receive the applications on RTI Act. He had to write
to the Deputy Commissioner, Nagaon on 21.6.07 regarding non receipt of information as sought for
by him from the P.D. DRDA, Nagaon. The DC, Nagaon sent the same to the P.D. DRDA, Nagaon vide his
letter dated 22.6.07 with the direction to furnish the information as required. Again he wrote the DC,
Nagaon on 21.8.07 about the non receipt of information from the PD, DRDA.
The Complainant further submitted that the BDO, Jugijan informed him on 6.7.07 that he should
pay Rs. 182/- as the cost for furnishing information as sought for by him relating to the Jogijan
Block. Accordingly he went to the office of the BDO, Jugijan but the staff member who dealt with the
RTI matters informed him that there was no need to deposit the information from the office of the PD,
DRDA, Nagaon as the same was sent to the PD, DRDA, Nagaon from the Block Office.
The PD, DRDA, Nagaon stated that he received the application dated 4.6.07 on 18.6.07 and on the next
day he transferred the application to the BDOs of Jogijan Development Block and Dhalpukhuri
Development Block under section 6 (3) of the Right to Information Act, 2005 as it relates to
their offices. The PD, DRDA received the complete information from the BDO, Jugijan Block on 27.7.07
but did not get any information from the other Block.
The CEO, Zilla Parishad stated that on receipt of an appeal of the complainant as forwarded by the DC,
Nagaon he called for information from the BDO, Jugijan and the BDO, Dhalpukhuri and only on 12.9.07 he
received the information from the Jugijan Block and on 16.10.07 he received the information from the
Dhalpukhuri Block. The CEO, Zilla Parishad informed the Commission that he issued letter to the
complainant asking him to deposit the cost but the complainant did not deposit any cost.
Observation of the Commission:
The Commission found that there was no system whatsoever in the office of the PD, DRDA, Nagaon for
receiving the RTI Applications/ fees. It appeared from the statement of the complainant that one Sri
Lalung is the authorized official to receive the applications/ fees under the RTI Act and if Shri
Lalung is not present then the office comes to a standstill in the matter of receiving the RTI
applications/ fees. This is a very sordid state of affairs. The Commission found it highly irregular
that the PD, DRDA'did not take any step to streamline the system of receiving and disposal of RTI
matters and the people had to come repeatedly to his office for submitting application for information
under the RTI Act. The PD, DRDA is legally bound to furnish information by calling the same from his
subordinate officials i.e. BDOs of Jugijan and Dhalpukhuri Blocks and he could not shirk his
responsibility by sending copies of the application to the BDOs concerned. He should have taken steps
to ensure that the BDOs who are under his direct control and jurisdiction furnished the information in
complete details to his office for sending the same to the complainant. Moreover, as the BDOs work
under his directions he should not have transferred the application to them under section 6 (3) of the
Act but should have collected the information sought for by the complainant in full and furnish
the same to him. It was a misuse of the provisions of section 6 (3) of the Act.
The Commission also observed that the office of the BDO, Jugijan Development Block should not have
refused to receive the cost from the complainant when he went personally to deposit it. Later when the
complainant went to collect the information from the office of the BDO, Jugijan should not have taken
the plea that the complainant should go to the office of the PD, DRDA, Nagaon to collect the same as the
information was sent to the office of the PD, DRDA. The BDO, Jugijan should have handed over the copies
of the information to the complainant.
The Commission found that complete information was received from the Jugijan Block on 12.9.07 and from
Dhalpukhuri Block on 16.10.07 and the CEO, Zilla Parishad informed the petitioner about the receipt of
the report asking him to collect the same from his office. But the complainant did not deposit or
collect the information from his office as he had lodged a complaint under section 18 of the RTI Act
2005 before the Commission. Taking 18.6.07 as the date of receipt of the original petition of the
complainant by the PD, DRDA the Commission found that there was a delay of 92 days from 18.7.07
to 17.10.07 on the part of the PD, DRDA, Nagaon in furnishing the information to the complainant.
Decision of the Commission:
i) Under the above circumstances and taking into account the records and statements made by the parties,
the Commission came to the conclusion that there was a delay of 92 days from 18.7.07 to 17.1 0.07 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, for the period from 18.7.07 to 17.10.07
for his failure to furnish information within the stipulated time. 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.
ii) Further the Commission directed the CEO, Zilla Parishad, to furnish information which was available
with him to the complainant free of cgst in presence of the Commission, which was done.
iii) 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.
iv) The Secretary of the Commission will put up this file again before the State Chief Information
Commission on 5.12.07 for final orders.
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
(Jaiuddin Ahmed)
Secretary, State Information Commission, Assam
Janata Bhawan, Dispur.
Memo No: SIC/NGN/14/2007 Dated November 19, 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, Guwahati.
5. MD, AMTRON, Bamunimaidan.
6. Office file.
Secretary, State Information Commission,
Assam, Janata Bhawan Dispur