PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. NLB.271/2007

Dated 28-12-2007

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. Sri Madhab Kalita, BDO, I/C Barigog Banbhag Dev Block
2 Shri Hitesh Deka

Brief of the case
On 26.6.07 a petition was received from Shri Hitesh Deka of Khakharisal of Nalbari district by the Commission to the effect the he applied for certain information from the SPIOs of Pachim Nalbari Development Block, Pub-Nalbari Development Block and Barigog Banbhag Development Block relating to projects undertaken by the Blocks for the years 2004-05 to 2006-07 under IAY, IBS, SGSY, SGRY and PMGSY schemes. But the petitioner did not receive any information. Hence he approached the Commission for necessary action under the RTI Act, 2005.

On receipt of the application from Shri Deka the same was transferred under section 6 (3) of the RTI Act to the PD, DRDA, Nalbari with the warning that non furnishing of the information will invite action under section 18 of the RTI Act if the petitioner approaches the Commission with the complaint thereof.

Then on 7.11.07 a petition was received from Sri Deka in which he alleged that the BDO, Barigog Bonbhag Development Block did not furnish information inspite of the direction of the SPIO of the Deputy Commissioner’s Office, Nalbari dated 18.7.07 while the BDO of Pachim Nalbari Development Block furnished him incomplete information withholding the information relating to the IBS etc. The information sought for by him from the BDOs are as follows:

  1. What amount was received under IAY scheme for the year 2004-05, 2005-06 and 2006-07 and the list of beneficiaries.
  2. What amount was received under IBS for the year 2004-05, 2005-06 and 2006-07 and the list of beneficiaries.
  3. What amount was received from the Central Government as State share under SGRY, PMGSY and SGSY schemes for the above mentioned years and the amount utilized by the Blocks.
In view of the above the petitioner submitted a complaint on 7.11.07 and on receipt of the petition a complaint case was registered by the Commission and notices were issued to the PD, DRDA, Nalbari as well as BDO Barigog Bonbhag Development Block to appear before the Commission on 28.12.07 with all the details / records concerning the complaint. Accordingly the BDO, I/C Barigog Bonbhag Development Block appeared before the Commission, while the PD, DRDA, Nalbari sent a letter dated 26.11.07 addressed to the Secretary of the Commission which was received only on 27.12.07 by the Secretary of the Commission . The PD, DRDA, Nalbari requested for re-fixing another date after the Panchayat election is over as he had been entrusted with State Panchayat election works under nomination cell and material cell etc.

The Commission examined the complainant in presence of the BDO, I/C Barigog Bonbhag Development Block as both of them were present during the hearing.

Submission of the complainant
The complainant submitted before the Commission that he had received complete information from the BDO, I/C Barigog Bonbhag Development Block and was satisfied with the information. However he received only some information from the BDO, West Nalbari Development Block on SGRY and IAY schemes while information relating to IBS was not at all furnished to him. He stated that the BDO, Pachim Nalbari Development Block sent the information relating to IAY scheme but he did not mention about the second installment of the state share for IAY scheme nor had he sent him the list of beneficiaries under the scheme.

While narrating the difficulties he faced in getting information from the BDO concerned, he stated that initially he submitted a petition before the BDO, Barigog Bonbhag Development Block on 12.4.07 and the BDO, Pachim Nalbari Development Block on 9.4.07 and on not getting information from them he approached the Commission on 26.6.07. Thereafter on 18.7.07 the SPIO of the DC office Nalbari issued instructions to the concerned BDOs for furnishing information on his request in writing. But inspite of the instructions of the Commission as well as the SPIO of the DC office Nalbari neither the PD, DRDA, Nalbari nor the BDO Pachim Nalbari Development Block furnished him complete information.

He confirmed that he received complete information from the BDO, I/C Barigog Bonbhag Development Block only on 17.12.07 and he was satisfied with the information. He further stated that he was yet to receive the information relating to second installment of IAY state share along with list of beneficiaries as well as the full information relating to IBS.

The BDO, I/C Barigog Bonbhag Development Block stated that he took over the charge of the block on 1st November 2007 from Mr. Jabed Ali who had since been transferred out as the BDO, Jamadarhat, Dhubri on 17.11.07. He stated that the Commission’s letter dated 17.11.07 was received by him on 16.12.07 but before that he had furnished the information on 17.12.07 to the complainant

Observation of the Commission
The Commission on perusal of the records found that the PD, DRDA, Nalbari who is the SPIO of the DRDA matters in the district of Nalbari with the respective BDOs notified as ASPIOs for their respective blocks did not pursue the matter relating to the collection of information from the BDOs concerned . It was seen from the records that on 26.7.07 the PD, DRDA sent a letter to the BDOs concerned and again on 23.10.07 he reminded the concerned BDOs asking them to furnish the information. As no information was received from them till that date he reminded the BDOs concerned that non-furnishing of information might invite action under section 18 of the RTI Act, 2005 if the petitioner approached for information to the Commission with a complaint. He requested the BDOs to take prompt action and to submit the report to him relating to the furnishing of information to the petitioner. It is also seen from the records that on 17.7.07 the SDO(S), Nalbari who is the SPIO of the office of the DC, Nalbari reminded the concerned BDOs to furnish the information commenting that even after two months the required information was not furnished to the petitioner.

The Commission was of the view that the PD, DRDA as the SPIO of his office had to collect the information from the concerned BDOs and furnish the same to the complainant. Although initially he did not receive any application from the complainant he did receive the transferred petition of the complainant as sent by the Commission vide letter dated 16.7.07. The Commission found that the P.D, sent a letter to the concerned BDOs on 26.7.07 as well as on 23.10.07 but he apparently did not discharge his duties as authority as SPIO and sent the petition to the BDOs concerned although BDOs are not notified as the SPIOs. Thus he erred in law. The Commission was of the considered view that the delay caused in furnishing the information was due to his negligence in pursing the matter with the concerned BDOs.

The Commission also observed that Mr. Jabed Ali, the then BDO of Barigog Bonbhag Development Block was in the block till 1.11.07 but he did not care to send the information either to the PD, DRDA or to the complainant even on receipt of the petition of the complainant. On the other hand the BDO, Pachim Nalbari Development Block furnished incomplete information to the complainant. Hence the Commission was of the view that the PD, DRDA, Nalbari as the SPIO had violated the provision of the RTI Act, 2005 by not furnishing the information in time.

The Commission was also of the view that Mr. Jabed Ali the then BDO of Barigog Bonbhag Development Block who was transferred as BDO, Jamadarhat, Dhubri had also violated the provision of the RTI Act as he was asked by the PD, DRDA to furnish the information. As such he was also deemed as SPIO by the Commission under section 5(5) of the Act. The Commission also observed that the BDO, Pachim Nalbari Development Block violated the provision of the RTI Act by furnishing incomplete information as he was asked by the PD, DRDA to sent information and as such the Commission treated him as deemed SPIO under section 5(5) of the RTI Act.

The Commission further observed that the letter No. DRD/NAL/MON/4.Pt/2006-07/951 dated 26.11.07 of PD, DRDA seeking for postponement of the hearing was received at 2.15PM on 27.12.07 in the Commission office. The PD, DRDA should have ensured that the request for refixing the hearing was delivered at an early date so that the petitioner and others could be informed. He was also remiss in not informing his own subordinate officer viz. the BDO, I/C of Barigog Bonbhag Development Block regarding postponement on account of which officer came to attend hearing. These types of lapses indicate the casual attitude of the PD, DRDA to RTI cases.

Decision of the Commission
  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.

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/NLB. 271/2007 Dated December 28, 2007

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, Assam
9. MD, AMTRON, Bamunimaidan.
10. Office file.


Secretary
State Information Commission, Assam