PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. NLB. 9/2007

Dated 09-01-2008

Name of the Complainant:
Smt Anima Pathak
C/o. Sri Khagendra Das
Vill & P.O. Niz Nomati (Bayapara)
Dist- Nalbari (Baska)

Name of the Public Authority / SPIO:
Joint Secretary, Social Welfare Deptt.

The following were present
1. Shri D.N. Chutia, Joint Secretary Social Welfare Department
2. Shri B.K. Laskar, Dy. Secretary & SPIO of Social Welfare Deptt.

The complainant absent without steps. The Joint Secretary, Social Welfare Department and the SPIO of the said department present with records.

Brief of the case
On 15.11.07 an application was received from Smt Anima Pathak of Niz Nomati (Bayapara) of Nalbari (Baska) district in which it was stated that she applied for some information vide her application dated 15.6.07 from the SPIO of the Social Welfare Department, Government of Assam and was asked to collect the information vide Government letter dated 27.6.07. On receipt of the information she found that the information furnished to her was incomplete. Then she submitted a petition before the Commissioner & Secretary, Social Welfare Department, Government of Assam on 7.9.07 in which she stated that she was not furnished complete information relating to appointment on compassionate ground. In her application dated 7.9.07 she also sought for copies of the application of the candidates at Sl No. 14 to 16 and 35 to 41 and also Sl. No. 42. Moreover her vide her application dated 7.9.07 she sought for additional information relating to appointment on compassionate ground listed at Sl. No. 1 to 10 along with their applications. She also wanted information relating to Shri Chakuma Mahato at Sl. No. 9 along with copy of the application submitted by him. However she did not get any response from the Commissioner & Secretary, Social Welfare Department and hence she submitted this petition on 15.11.07

On receipt of this application the Commission issued a notice under section under section 18(2)/19(8) of the RTI Act, 2005 to the Commissioner & Secretary, Social Welfare Department asking him to appear before the Commission with the designated SPIO on 9.1.08 with all records / details concerning the complaint / appeal. The information sought by her are as follows:

  1. All documents and records including note sheets in case of Smt Anima Pathak in the file No. SWD.128/2005. (Reference her application dated 15.6.07).
  2. Copies of the applications of the candidates at Sl. No. 1 to 10 for appointment on compassionate ground. (Ref. her application dated 7.9.07).
  3. Copies of the applications of the candidates at Sl. No. 11 to 13 including of Shri Chakuma Mahato whose name appeared at Sl. No. 9 and any records concerning the appointment of Shri Chakuma Mahato. (Ref. her application dated 7.9.07).
Hence this complaint case.

Submission of the Public Authority / SPIO
The Joint Secretary, Social Welfare Department produced a file No. SWD.128/2005 before the Commission. He submitted that the SPIO had already furnished the available information relating to the application of Smt. Anima Pathak and kept ready copies of all the documents available in the said file of the Government and issued a letter dated 13.11.07, after the receipt of her second application dated 7.9.07, asking her to collect the information from the SPIO & the Deputy Secretary, Social Welfare Department on payment of Rs. 120/-. However, she had not turned up for payment of the expenses and hence the department was not in a position to handover the documents to her. He stated that he was at that time the Deputy Secretary & SPIO of the Department and he was conversant with the facts and circumstances of the case.

The SPIO of the Department reiterated the statement of the Joint Secretary and stated that the documents available in the file No. SWD.128/2005 could be furnished to her on payment of Rs. 120/-.

The Joint Secretary informed the Commission that the applications of the candidates whose names figured at Sl.No. 1 to 12 were not available in his department. So the Department had written to the Director, Social Welfare to send copies of these applications for furnishing the same to the complainant. However the application of the candidate at Sl. No. 13 i.e. the complainant herself was available and he had already furnished the same to the complainant. He reported that the application and other details of Shri Chakuma Mahato are available in the file and are ready for furnishing the same to the complainant.

Observation of the Commission
The Commission decided to treat this case as a complaint case.

The Commission observed that the complainant vide her first petition dated 15.6.07 wanted all the documents and records including note sheets relating to Smt Anima Pathak (herself). The SPIO furnished the documents relating to Smt Anima Pathak only partly and as such the complainant had to approach the Commissioner & Secretary, Social Welfare Department in this regard. While approaching the Commissioner & Secretary, Social Welfare Department the complainant wanted additional information relating to copies of the applications of the candidates for appointment on compassionate ground from Sl. No. 1 to 13 as well as all documents relating to Shri Chakuma Mahato. On perusal of the records it was seen that the applications of the candidates at Sl. No. 1 to 12 of the lists were not available in the file. The Commission however found that while the application dated 7.9.07 submitted to the Commissioner & Secretary, Social Welfare Department was received by the Commissioner & Secretary, Social Welfare Department on 7.9.07 and the letter asking her to deposit fee was dated 13.11.07 i.e. it was written after the stipulated time limit was over. As such the SPIO was bound to furnish the information free of charge as he had failed to intimate about the cost to the complainant within the stipulated period.

Decisions of the Commission
The Commission decided to direct as follows:
  1. the SPIO of the Social Welfare Department should furnish the copies of the note sheets and correspondence sheets of file No. SWD.128/2005 to the complainant free of charge,
  2. in respect of the applications for appointment on compassionate ground of the candidates figuring at Sl. No. 1 to 12 the SPIO should collect the same from the Director, Social Welfare, Assam urgently and furnish the same to the complainant free of charge,
  3. the Director, Social Welfare, Assam who is treated as deemed SPIO under section 5(5) of the RTI Act should locate the papers and send copies to the Government within 15 days of the receipt of this order so that the SPIO of the Department could furnish the information to the complainant within 30 days. In case of failure of the SPIO to furnish the information within 30 days of the receipt of this order, the penal action as contemplated under section 20 (1) of the Act shall follow,
  4. the Commission fixed 12.2.08 for compliance report,
  5. the Secretary of the Commission will place this file before the Commission on 12.2.2008 for further orders.


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 9/2007 Dated January 9, 2008

CC:
1. The Commissioner & Secretary, Social Welfare Department, Govt. of Assam, Dispur
2. The Director, Social Welfare Department, Guwahati
3. The Joint Secretary, Social Welfare Department, Govt. of Assam, Dispur
4. The SPIO, Social Welfare Department, Govt. of Assam, Dispur
5. Smt. Anima Pathak, C/o. Sri Khagendra Das, Vill & P.O. Niz Nomati (Boya Para), Nalbari (Baksa).
6. The DIPR, Dispur, Assam
7. MD, AMTRON, Bamunimaidan.
8. Office file.


Secretary
State Information Commission, Assam