10th Annual Report 2015

10th Annual Report 2015

Meghalaya State Information Commission

Meghalaya State Information CommissionNew Administrative Building,

Lower Lachumiere,Shillong – 793001,

Phone No. (0364) 2500179Website – www.megsicgov.nic.in

Published by:

Secretary, Meghalaya State Information Commission, Shillong, Meghalaya.

Printed at:

The Directorate of Printing & Stationery, Govt. of Meghalaya, Shillong, Meghalaya.

Meghalaya State Information CommissionAnnual Report – 2015

Context PageChapter – 1

• Introduction 1 – 9

Chapter – 2

• Powers & functions of the Meghalaya State Information 10 – 14 Commission

Chapter – 3

• Disposal of Complaints by the State Information Commission 15 – 27Chapter – 4

• Hearing & Disposal of Second Appeals by the Commission 28 – 33

Chapter – 5

• Penalties/Compensation and Disciplinary Action 34 – 37

Chapter – 6

• Highlights of some important decisions of the Commission 38 – 72

Chapter – 7

• Implementation of the Right to Information Act, 2005 in Meghalaya 73 – 106 during 2014

Chapter – 8

• Key initiatives undertaken by the Government Departments 107 – 122

Chapter – 1

Introduction

THE RIGHT TO INFORMATION AND ITS NECCESSITY

The Preamble to Indian Constitution says as under:

“WE THE PEOPLE OF INDIA, having solemnly resolved to institute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure all its Citizen, JUSTICE, Social, Economic and POLITICAL, LIBERTY of Thought, Expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and The Unity of Integrity of the Nation; In Our CONSTITUENT ASSEMBLY THIS TWENTY SIXTH DAY OF November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION”.

In other words, it meant, Government of the people for the people and by the people which clearly shows that people of India are Supreme and Sovereign.

In a case of Dinesh Trivedi, MP and others Vrs. Union of India and others [No.4 SCC 306], the Court dealt with Citizen rights to freedom of information and observed as follows:-

“In Modern Constitutional democracies, it is axiomatic that Citizen have a right which, having been elected by them, seek to formulate sound policies of Governance aimed at their welfare. Democracy expect, openness and openners is concomitant of a free society and the Sunlight is a best disinfectant”.

Thus, The RIGHT TO INFORMATION

I. Ensures PEOPLE’S participation.

II. Ensures ACCOUNTABILITY.

III. Ensures TRANSPARENCY.

IV. Ensures GOOD GOVERNANCE.

V. And it ensures more EFFECTIVENESS.

I. People must participate in Government’s planning process and actively involved in planning and formulation of schemes, should have accessibility of information about the projects and programmes.

II. People’s participation in the governance, it ensures accountability on what the Government is doing.

III. It ensures, Funds are rightly, honestly and timely used on a regular basis for the benef i t of the people.

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IV. It sets the tune of social behavior. It also prevents violations of Laws, it activates the exercise of potential delinquents and penalize violators and remedy wrongs to good extent.

V. Providing Information about Government activities, it also provides a link between the Citizen and Government. Media and Citizen would effectively work together and make the Government accountable and more effective.

During the last one decade, it was noticed that RTI Implementation is moving forward in ensuring transparency and accountability in Government Departments with active participation of the people. The number of RTI applications received year wise with effect from 2006 upto 2015 respectively indicates an increase of more than 100%. Charts of complaints and Appeal cases, Extracts of Newspapers clipping refl ecting the anxiety and desire of Information Seekers to know more about different issues in Government are given for the information of the readers.

2

Table below indicates year-wise disposal of Complaints by the Commissionduring the last 10 years.

Year Total Nos. of Complaints

Nos. of Complaints disposed

Nos. of Complaints rejected

2006 11 9 12007 39 38 132008 37 36 122009 47 45 122010 41 32 72011 31 31 -2012 43 39 -2013 32 32 -2014 27 25 -2015 51 51 -

3

Table below indicates year wise disposal of Second appeals by the Commission during the last nine years:

Year Total Nos. of Appeals

Nos. of Appeals disposed

Nos. of Appeals Rejected

2006 6 6 -2007 18 18 -2008 23 20 -2009 37 34 -2010 17 14 12011 13 8 52012 8 4 -2013 17 15 -2014 14 13 -2015 15 15 -

4

PM’s ADRESS DURING THE ANNUAL CONVENTION AT DELHI 2015

7

FORM – A

[Rule 3(1)]

Second Appeal fi led under sub-section (3) of section 19 of the Right to Information Act, 2005 read with Rules 3(1) of the Right to Information (Appeal and procedures of the State Information Commission Rules, 2007)

ID. No. ________________________

1. Full Name of the Appellant:

2. Permanent Address:

3. Particular of the First Appellate Authority against whose order Appeal is preferred:

4. Date of receipt of the 1st appellate order:

5. Brief facts leading to appeal:

6. Relief sought from the 2nd appeal:

7. Whether an appeal has been fi led after 90 days, the reasons which has prevented from fi ling appeal in time:

8. List of documents to be enclosed with the Appeal petition (Three copies each):(a) Self-attested copies of the orders or documents against which the appeal being

preferred(b) Copies of documents relied upon by the appellant and referred to in the appeal and(c) An index of the documents referred to in the appeal.

Place: Signature of the appellantDate: Email Address Phone/Mobile No. ____________________

Acknowledgement

ID. No. _______________________ Dated __________________

Received Second Appeal application from Shri/Mr/Smti/Miss ____________________ resident

____________________________ under section 19 of the Right to information Act 2005.

Signature of authorized Clerk, Offi ce of the Second Appellate Authority/ State Information Commission.

8

This is the 10th edition of the Annual Report of the Right to Information (RTI) Act, 2005. Annual Reports have been published by the Meghalaya State Information Commission regularly every year, with a view to highlight and refl ect the ground realities vis-à-vis, the response of each public authority to the R.T.I. requests and also important cases decided by the Commission, to act as a guide to the authorities concerned, with a view to help them in the proper implementation of the Act.

The RTI Act, 2005 is moving towards the 11th year of its implementation. While there is a need to do an in-depth study of the impact of the Act in the lives of the common citizens, judging by of the increasing trend in the number of R.T.I. applications fi led from year to year, there is an indication that the Public are becoming more conscious and aware of their rights for information, as provided under the Act. This will go a long way in ensuring accountability and transparency in the functioning of the public authorities as envisaged in the Act and to a large extent acts as a check on the likely irregularities in the implementation of the Government schemes and programmes.

The RTI Act, 2005, no doubt empowers the citizen to get access to information under the control of the public authorities but it cannot be denied that there are elements, who are taking advantage of the Law, by seeking voluminous information on a variety of issues and on different subjects, with the intention to harass and settle personal scores with the Public Information Offi cer. Such practice is unethical, undesirable and such action is nothing but an abuse of power thereby making a mockery of the law and the Commission takes a serious view of such abuse of the Law. However, in most cases there were genuine information seekers, who had been deprived of their rights under R.T.I. Act, 2005 and the Commission tried its best to redress their grievances, without any bias, as refl ected in some important decisions/orders given in this Report.

In fi ne, implementation of the R.T.I. Act, 2005 during the year in the State was by and large smooth.

Under the mandatory provisions of section 25(1) the Act, the State Information Commission is required to compile and prepare the Annual Report on the implementation of the provisions of the Act, during the year or as soon as practicable after the end of each year and forward a copy of the report thereof to the Government. Under section-25(2) each Department, shall in relation to the Public Authorities within their jurisdiction are required to collect and provide information to the State Information Commission as is required to prepare the report and comply with the requirements concerning the furnishing of information and keeping of records. Thereafter, copy of the Annual Report as prepared by the State Information Commission, in accordance with Section-25(4), is to be laid before the State Legislature by the State Government as soon as practicable.

In this report, we have refl ected the total number of requests made and disposed of by the Public Information Offi cers. The total amount of fees collected. The number of appeals preferred by the appellants, who were aggrieved with the decision of the Departmental Appellate Authority, was also refl ected in the Report. The total number of Complaints fi led by those information seekers, who failed to get any response from the PIOs or their application rejected, was also indicated. We have also incorporated in the Report some of the important decisions passed by the Commission for the benefi t of the PIOs and other functionaries dealing with R.T.I. matters. While preparing the Report, an attempt was made to focus on those items required under various sections of the Act.

The Meghalaya State Information Commission is pleased to present to the State Government of Meghalaya its tenth Report for the period from 1st January, 2015 to 31st of December, 2015.

9

Chapter – 2

Powers and functions of the Meghalaya State Information Commission.

2.1. The Meghalaya State Information Commission was constituted vide Government of Meghalaya Notifi cation No: IPR 48/2005/pt 11/10, dated 3rd October, 2005 read with Notifi cation No-IPR 48/2005/52/11, dated 7th October, 2005, with its Headquarters at Shillong. The present incumbent, Shri C.D. Kynjing IAS (Rtd), assumed charge of the offi ce of the Chief Information Commissioner on 7th July, 2011.

The Meghalaya State Information Commission was constituted to exercise powers and to perform duties and functions as laid down under the provisions of the Act. Section 15(4) of the Act, provides that general Superintendence, direction and management of the affairs of the State Information Commission shall vest in the State Chief Information Commissioner, who may exercise all such powers and do all such acts and things as may be exercised or done by the State Information Commission autonomously, without being subjected to directions by any other authority.

The Right to Information Act, 2005, also prescribes that the State Government shall provide the State Chief Information Commissioner, with such offi cers and staff as may be necessary for the effi cient performance of his duties and functions under the Act, and the salaries and allowances payable to and the terms and conditions of service shall be such as may be prescribed.

To enable the Commission to function effectively, the following posts have been created and fi lled up by the State Government:-

Sl. No. Designation of the posts No. of posts sanctioned

No. of posts fi lled

1. State Chief Information Commissioner 1 12. Secretary 1 13. Under Secretary 1 14. Sr. P.S. to C.I.C. 1 15. Jr. P.S. to C.I.C. 1 -6. Superintendent 1 17. U.D.A 1 18. Computer Assistant/Data Entry Operator 1 19. L.D.A. 1 1

10. Driver 2 211. Peons 4 212. Chowkidar 1 1

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2.2. The Commission has no offi ce building of its own. At present it carries its functions from the temporary accommodation allotted by the Government on the First Floor of the Administrative Building at Lower Lachumiere, Shillong.

The present offi cial address of the Commission is as follows:- Meghalaya State Information Commission, New Administrative Building, Lower Lachumiere, Shillong – 793001 Phone No – (0364) 2500179 Website – www.megsic.gov.in

2.3. Nodal Department:

The Personnel & Administrative Reforms Department is the Nodal Agency for the Information Commission. All matters, Administrative and fi nancial are being taken up and routed through the Nodal Department. The Annual Report prepared by the Commission under Section 25 (1) of the Right to Information Act, 2005 is forwarded every year through the Nodal Department for laying the same before the Meghalaya Legislative Assembly.

2.4. Duties:

The State Information Commission functions as statutory body, to hear and adjudicate the complaints and appeals from citizens and to monitor and ensure implementation of the Act at various levels, in accordance with the provision of the Right to Information Act, 2005 read with Meghalaya Right to Information Rules framed by State Government.

2.5. Powers and duties of offi cers and employees of the Meghalaya State Information Commission:

Sl. No. Designation Powers and Duties

1.State Chief Information Commissioner (SCIC), Meghalaya

General superintendence, direction and management of affairs of the Meghalaya State Information Commission, adjucation of complaints and second appeals from citizens and monitoring to ensure proper implementation of the Act at various levels.

2. SecretaryAdministrative matters of the State Information Commission and overall charge of the offi ce of the Commission, To function as F.A.A. under the R.T.I. Act.

3. Under Secretary

Receipt and registration of appeals/complaints and communication of Commission’s Orders and jobs assigned by the State Chief Information Commissioner from time to time. To function as P.I.O. under the R.T.I. Act.

4. Sr. P.S. to S.C.I.C. Secretarial assistance and any other works assigned by the State Chief Information Commissioner.

5. Jr. P.S. to S.C.I.C. - Do -

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6. Superintendent General superintendence and discipline of offi ce work, to provide assistance to the Secretary.

7. UDA/LDA To provide secretarial assistance to the Superintendent8. Computer Assistant To provide computer assistance.

9. Grade IV including Drivers

To perform duties as assigned to them by the Secretary in routine course.

2.6. Names and designation and particulars of the Information Offi cers:

Sl. No. Name of Public Authority

Name & Designation etc. of the Designated Appellate

Authority

Names & Designation of the PIO

1. Meghalaya State Information Commission

Shri C.C.M.Mihsil, IAS Secretary Meghalaya State Information Commission, Phone – 2500179 (Offi ce)

Address:Lower Lachumiere Shillong – 793001,

Meghalaya

Shri J. S. Cajee, Under Secretary,

Meghalaya State Information Commission,

Phone – 2500179 (Offi ce) Address:

Lower Lachumiere Shillong – 793001,

Meghalaya

2.7. Budget & Accounts of the Commission:

The Budget for the State Information Commission is published in the Budget book of the Government under Grant No: 13 under the Budget Head of Account “2251-Secretariat Social Services-Non-Plan and State Plan 090-Secretariat (12) Meghalaya Information Commission (RTI Act)-General Area Non-Plan”. During the fi nancial year 2014-2015 the Budget & Accounts of the Commission and actual expenditure are as follows:

Detailed Head

Budget Head Description2251-Secretariat Social Services-Non-Plan and

State Plan 090-Secretariat (12) Meghalaya Information

Commission (RTI Act)-General Area Non-Plan

(In `)

Budget Provision for the year

Expenditure upto 31-12-2014

01 Salaries 90,000,00.00 47,31,328/-02 Wages 2,90,000.00 3,90,869/-06 Medical Treatment 5,96,000.00 1,07,688/-11 Domestic Travel Expenses 3,70,000.00 2,48,574/-13 Offi ce Expenses 5,70,000.00 3,53,632/-16 Publications 5,00,000.00 1,51,834/-21 Supplies & Materials 4,00,000.00 90,460/-

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28 Professional Services 2,00,000.00 1,66,909/-50 Other Charges 1,00,000.00 Nil51 Motor Vehicles 2,00,000.00 1,80,037/-52 Machinery & Equipment 1,20,000.00 54,400/-

Total 1,23,46,000.00 64,75,731/-

2.8. Activities undertaken by the Commission during the year:

(i) As already stated in the foregoing paragraphs, the main function of the Commission is to hear appeals preferred to and to enquire into the Complaints fi led by the aggrieved parties. During the year 2015, the Commission had received 66 number of Complaints and Appeals. Of these, 66 cases were disposed off by the Commission during the year. The details of receipt and disposal of Complaints and Appeals by the Commission is given in Chapter-3 and Chapter-4 of this report.

(ii) Preparation and Publication of the 10th Annual Report of the Commission.

(iii) During the year the Commission had taken part in various programmes organized by the State and Central Commissions as follows:-

Date Place Nature of Programme17th February, 2015 Guwahati Offi cial meeting17-20th April, 2015 New Delhi NFICI meeting 27-29th August, 2015 New Delhi Chief Information Commissioners meeting

6-7th October, 2015 Guwahati Workshop organized by the Assam State Information Commission.

15-19th October, 2015 New Delhi The Annual Conference of Chief Information Commissioners.

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14

Shri C. D. Kynjing State CIC, during a hearing

Chapter – 3

Disposal of Complaints by the State Information Commission:

3.1. Section 18(1) of the R.T.I. Act, 2005, empowers the State Information Commission to receive and inquire into a complaint from any person:

(a) Who has been unable to submit a request to any Public Information Offi cer, either by reason that no such offi cer has been appointed under this Act or because the State Assistant Public Information Offi cer has refused to accept his or her application for information or appeal under this Act for forwarding the same to the State Public Information Offi cer or a Senior Offi cer specifi ed in Sub-Section (1) of section 19 of the R.T.I. Act.

(b) Who has been refused access to any information requested under this Act.

(c) Who has not been given a response to a request for information or access to information within the time limit specifi ed under this Act.

(d) Who has been required to pay an amount of fee which he or she considers unreasonable.

(e) Who believes that he or she has been given incomplete, misleading or false information under this Act; and

(f) In respect of any other matter relating to requesting or obtaining access to records under this Act.

While inquiring into such Complaint under the above section, the State Information Commission shall have the same Powers as that of the Civil Court under the Code of Civil procedure, 1908 in respect of the following matters namely:

(a) Summoning and enforcing attendance of Persons to give evidence or produce documents;

(b) Requiring the discovery and inspection of documents;

(c) Receiving evidence on affi davit;

(d) Requisitioning any Public record or copies thereof from any court or offi ce.

(e) Issuing summons for examination of witnesses or documents and

(f) Any other matter which may be prescribed.

During the year 2015, a total number of 53 Complaints were received by the Commission. Of these, 50 cases were disposed off during the year and three (3) cases were carried over to the next year. The Department-wise break up of Complaints received and disposed off during the year is given in the Table 3.1.1. below:

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Table 3.1.1.Department wise receipt and disposal of Complaints by the Commission

during the year 2015.

Sl. No. Name of Department

No. of Complaints

pending with Information Commission at the end of

Last Year

No. of Complaints preferred during the

year

No. of Complaints disposed and acted

upon

No. of Complaints Disposed

and Rejected

(1) (2) (3) (4) (5) (6)1. MCCL 2 22. DC, DSC 3 33. Forest & Environment 2 24. Sohra Sub Division 1 15. Education 7 76. DC, North Garo Hills 1 17. ADC, Ri-Bhoi 2 2

8. Non Conventional & Rural Energy 5 5

9. C&RD 5 5

10. Directorate of Economics & Statistics 1 1

11. Jt. Director Food & Civil Supply, East Khasi Hills 1 1

12. Personnel Department 1 013. Health 7 714. DRDA 2 2

15. A.H.Veterinary, West Garo Hills 1 1

16. PWD 1 1

17. Supdt. of Police, East Garo Hills 2 2

18. KHADC 4 419. GHADC 1 1

20. State Pollution Control Board 1 1

21. DC, East Jaintia Hills 1 151 51

Details of the Complaints disposed by the Commission are shown in the Table 3.1.2. below:

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Table 3.1.2.Details of the Complaints disposed by the Commission during the year – 2015.

Sl. No. Case No. Name of Complainant Name of PIO/Public

Authority

1.MIC/Complaint/1/2015/5

Dated 19-1-2015 (Recd 5-1-2015)

Shri T.S.Nongbri, Manager, Mawmluh Cherra

Cement Ltd., Employee, Pdengshnong, Sohra.

First Appellate Authority, & Managing Director,

Mawmluh Cherra Cement Ltd.,

Old Taxation Building, Shillong

Public Information Offi cer, & General Manager,

Mawmluh Cherra Cement Ltd., Old Taxation Building,

Shillong


Dated 19-1-2013 (Recd17-11-2014)

Priest L.R.Marak, Advocate, R/o New DC Colony,

Williamnagar, East Garo Hills, Meghalaya.

Public Information Offi cer, District Selection

Committee, East Garo Hills District,

Offi ce of the Deputy Commissioner Offi ce,

Williamnagar.(Carry over from 2014)


Dated 9-2-2015 (Recd 2-12-2014)

President, Hynniewtrep People Social Organisation,

West Khasi Hills District, Nongstion, C/o Grosswell Nonglang, Siejlieh, P.O.

Nongstoin – 793119, (Mobile) - 8794512284.

Public Information Offi cer, viz., Conservator of

Forests, Territorial & Wild Life, Khasi Hills, Shillong,

Lower Lachumiere,. Public Information

Offi cer, viz., Divisional Forest Offi cer, Khasi

Hills (Territorial) Division, Shillong,

Lower achumiere, Shillong.(Carry over from 2014)

4.No.MIC/Complaint/2/2015/9

Dated 16-2-2015 (Recd 20-1-2015)

Shri Tobias Tiewdop, C/o Shri B.M.Roy Dolloi,

Wahingdoh (Block-III), Shillong – 793001, East Khasi Hills District,

Meghalaya. Phone – 8014554017.

The Public Information Offi cer, viz., Sub-Divisional

Offi cer (Civil), Sohra, Sub-Division Sohra, East Khasi Hills, Meghalaya.

5.No.MIC/Complaint/8/2015/5

Dated 23-3-2015 (Recd 17-2-15)

Shri Dimimemon Tariang Thangbuli, West Jaintia Hills

for information.

Smti. D. Khongiong PIO & District School Education Offi cer, West Jaintia Hills

District

17

6.

No.MIC./Complaint/7/2015/22

Dated 22-4-2015 (Recd 17-2-2015)

Shri Dimimemon Tariang, Thangbuli village, West

Jaintia Hills District, Meghalaya, 793150. E-mail: dimimemont @gmail.com.

Mobile – 9856040879.

First Appellate Authority viz., the Director, School

Education & Literacy, Meghalaya, Laitumkhrah,

Shillong. Public Information Offi cer,

viz., Special Offi cer, School Education & Literacy,

Meghalaya, Laitumkhrah, Shillong.

Public Information Offi cer, viz., District School

Education Offi cer, West Jaintia Hills, Meghalaya,

7.

No.MIC/Complaint/10/2015/13

Dated 22-4-2015 (Recd 3-3-2015)

Shri Shakil Ahmed, Alijan Compound, Opposite Iewduh Post Offi ce, Umsohsun, Shillong.

Public Information Offi cer, & District School Education

Offi cer, East Khasi Hills District, Mawkhar, Shillong


Dated 4-5-2015 (Recd 3-3-2015)

Shri John Leslee K.Sangma, Member of Legislative

Assembly, 51-South Tura.

The Public Information Offi cer, Offi ce of the Deputy Commissioner, North Garo

Hills, Resubelpara.


Dated 11-5-2015 (Recd 27-3-2015)

Shri Ferdynald Kharkamni, S/o Thirdbornson

Nongkhlaw, President, Khasi Students’ Union,

North Khasi Hills District Unit, Mawroh Nongpoh, Ri

Bhoi District, Meghalaya, 793102.

Smti. D. Phawa, MCS, Public Information Offi cer,

& Additional Deputy Commissioner,

Ri Bhoi District, Meghalaya.


Dated 19-5-2015 (Recd 6-2-2015)

Shri Batista Khongphai, Nongrim Sohra

(Cherrapunjee) P.O Sohra, East Khasi Hills,

Meghalaya – 793111

First Appellate Authority & Managing Director,

Mawmluh Cherra Cement Ltd., Old Taxation Building,

Shillong. Public Information Offi cer,

& General Manager, Mawmluh Cherra Cement Ltd., Old Taxation Building,

Shillong.

11.MIC/RP/Complaint/1/2015/2

Dated 21-5-2015 (Recd 17-2-2015)

Shri Dimimemon Tariang Thangbuli Village, West

Jaintia Hills District, Meghalaya - 793150

for information.

PIO & District Education Offi cer,

West Jaintia Hills District.

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Dated 10-6-2015 (Recd 14-5-2015)

Shri John E. Rodborne, Ward I, House No. 746, Arbuthnot Road, (behind

Ao Baptist Church), Nongrimmaw, Laitumkhrah,

Shillong – 793001. Phone – 9436702800.

Public Information Offi cer, Meghalaya

Non-Conventional & Rural Energy Development

Agency, (opposite BSF Camp Mawpat),

Mawpat, Shillong.


Dated 10-6-2015 (Recd 14-5-2015)



Shillong – 793001. Phone – 9436702800.




Mawpat, Shillong.


Dated 12-6-2015 (Recd 19-5-2015)



Shillong – 793001. Phone –9436702800.



Agency, (opposite BSF Camp Mawpat), Mawpat,

Shillong.


Dated 22-6-2015 (Recd 26-5-2015)



Shillong – 793001. Phone – 9436702800.



Agency, (opposite BSF Camp Mawpat), Mawpat,

Shillong.


Dated 29-6-2015 (Recd 2-6-2015)

Smti. Joplin Kharbihkhiew, Nongdawah Thadan Village,

Khyrim Syiemship, East Khasi Hills District.

Phone – 9612327581.

The Block Development Offi cer, Mawrynkneng

C&RD Block, Mawrynkneng, East Khasi Hills District, Pin – 793021,

Meghalaya.

17MIC/Complaint/24/2015/12

Dated 6-7-2015 (Recd 21-5-2015)

Shri Marvin L.S.F.Marwein. Contact No. 9612934341

and 2504595.

Public Information Offi cer, Directorate of Economics

& Statistics, Lower Lachumiere, Shillong.


Dated 6-7-2015 (Recd 16-6-2015)

Shri B. Deb, C/o Hi-Tech Computer System,

Behind MTC Building, Shillong – 793001.

Mobile – 9436952663.

The Joint Director, Food & Civil Supply,

East Khasi Hills District, Shillong.


Dated 13-7-2015 (Recd 22-6-2015)

Shri Kansel Diengdoh, Pdengshnong, Sohra, P.O.

Cherra Bazar – 793111. Mobile – 9615515766.

The Public Information Offi cer, Mawmluh Cherra

Cement Ltd., Old Taxation Building,

Shillong.

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Dated 13-7-2015 (Recd 23-6-2015)



Shillong – 793001. Phone – 9436702800.

The Public Information Offi cer, Personnel

Department, Meghalaya, Shillong.


Dated 20-7-2015 (Recd 11-6-2015)

Shri Md. Jamat Ali, (Diwani), R/o Pabomari,

P.O. Hollaidonga, P.S. Tikrikilla, West Garo

Hills, Meghalaya.

The Block Development Offi cer, Selsella C&RD

Block, West Garo Hills.


Dated 20-7-2015 (Recd 22-5-2015)

Shri Fairson Kharjana, C/o D.Thabah Automobile

3rd Mile, Upper Shillong, P.O. Kynton, East Khasi

Hills District. Phone – 9615364376.

The Addl. District Medical & Health Offi cer,

West Khasi Hills, Nongstoin.

Dr. L.L.Mawnai, Medical Superintendent, Mairang Civil Hospital, West Khasi

Hills, Mairang.


Dated 20-7-2015 (Recd 12-5-2015)

Shri A. Dohkrut, 122, Marbisu Pdengshnong,

Marbisu Mawngap, East Khasi Hills District,


The Public Information Offi cer, Meghalaya


Agency, Nongmensong, Shillong.


Dated 23-7-2015 (Recd 20-7-2015)

Smti. Indira T. Sangma, Secretary, Ever Green

Cluster (NGO), Vill – Williampur P.O.

Hollaidonga, P.S. Tikrikilla, West Garo Hills District, Meghalaya.

Project Director, District Rural Development Agency

(DRDA), West Garo Hills District,

Tura.


Dated 27-7-2015 (Recd 22-6-2015)

Shri Mozidur Rahman, Secretary, Kalogaon V.E.C. Kalogaon, P.O. Rajabala, District West Garo Hills,

Meghalaya.

The District A.H. Veterinary Offi cer, West Garo Hills,

Tura.


Dated 24-8-2015 (Recd 30-7-2015)

Shri I. Jyrwa, Mawlai Nongkwar, Shillong – 793017,

East Khasi Hills District, Meghalaya.

Phone No. 9856709248.

PIO & Executive Engineer, PWD (Roads), Shillong

South Division, Laban, Red Cross.


Dated 24-8-2015 (Recd 20-7-2015)

Shri Kholilur Rahman, P/O Vill – Namaburirjhar,

P.O. Hollaidonga, P.S. Tikrikilla,

West Garo Hills District, Meghalaya.

P.I.O., & Project Director, District Rural Development

Agency (DRDA), West Garo Hills District, Tura.

20


Dated 3-9-2015 (Recd 1-9-2015)

Shri George Ch. Momin, S/o Lt. M.G.Sangma,

R/o Proper Dadenggre Bazar,

West Garo Hills, Phone – 9615739694.

Public Information Offi cer & Block Development Offi cer, C&RD Block Dadenggre,

West Garo Hills.


Dated 14-9-2015 (Recd 11-8-2015)

Shri Dimimemon Tariang, Thangbuli village, West

Jaintia Hills District, Meghalaya, 793150. E-mail:

[email protected]. Mobile – 9856040879.

Shri Chesterford Khyriem, Secretary School

Managing Committee, Amwi Secondary School,

Thangbuli, West Jaintia Hills.

Headmistress, Amwi Secondary School,

Thangbuli, West Jaintia Hills.


Dated 4-9-2015 (Recd 13-8-2015)

Rev. H. H.Mohrmen, Riatsasim, Iawmusiang,

Jowai. (Mobile) – 94361-06317.

Public Information Offi cer & District Medical & Health

Offi cer, West Jaintia Hills District.


Dated 21-9-2015 (Recd 15-9-2015)

Shri Jehangir Mondal,Adv. Village College Nagar,

P.O. & P.S. Mankachar District, Dhubri, Assam.

Pin – 783131.

Public Information Offi cer, offi ce of the Superintendent

of Police, East Garo Hills District,

Williamnagar.


Dated 28-9-2015 (Recd 19-6-2015)

Shri Golden Katrai, C/o Ms L.Lyngdoh, John Roberts

Theological Seminary, Mawklot, Shillong, P.O.

Nonglyer – 793009.

The Administrative Offi cer, Dr. H. Gordon Robert

Hospital, Jaiaw, Shillong for information.


Dated 28-9-2015 (Recd 13-7-2015)

Shri Golden Katrai, C/o Ms L.Lyngdoh, John

Roberts Theological Seminary,

Mawklot, Shillong, P.O. Nonglyer – 793009.

The Administrative Offi cer, Dr. H. Gordon Robert

Hospital, Jaiaw, Shillong for information.


Dated 1-10-2015 (Recd 3-6-2015)

Shri Disparsing Rani, C/o D.Thabah Automobiles

3rd Mile Upper Shillong, P.O. Kynton,

Meghalaya – 793005. Phone No. 9856617951.

Shri K.Prasad, Dy., S.P., & Public Information Offi cer,

Offi ce of the Superintendent of Police,

East Khasi Hills. Shri Simseng A.Sangma,

the Deemed PIO & Inspector in-charge

Special Cell, East Khasi Hills District and in-charge

Police Control Room.

21


Dated 1-10-2015 (Recd 28-4-2015)

Shri Marshall Nongrum, Treasurer/Executive

Member of Dorbar Shnong Raid Tynring,

Khyriem Syiemship, Tynring Village, East Khasi Hills.

Secretary to the Executive Committee, Khasi Hills Autonomous District

Council, Shillong. Joint Secretary,

in-charge Elaka, East & Ri Bhoi District, Khasi

Hills Autonomous District Council, Shillong. PIO & Revenue Offi cer, Khasi

Hills Autonomous District Council, Shillong.


Dated 12-10-2015 (Recd 8-9-2015)

Shri M.Pdang, Sutnga, East Jainita Hills District,


Public Information Offi cer, in-charge District Selection

Committee, offi ce of the Deputy Commissioner,

East Jaintia Hills District, Khliehriat.


Dated 12-10-2015 (Recd 13-7-2015)

Shri Muhammad Yamin son of Shri Inkar Ali, Resident of Wakaspur, Kherar Village,

P.O. Ariphpur Nabada, Janpad Badayoo – 24360,

Uttar Pradesh, Mobile No. 9837750757.

PIO & Joint Secretary, Education Department,

Govt. of Meghalaya, Shillong/ Public Information Offi cer, viz., Joint Director,

Higher & Technical Education, Meghalaya,

Shillong, Shri O. Ropmay.


Dated 20-10-2015 (Recd 13-8-2015)

Rev. H. H. Mohrmen, Riatsasim, Iawmusiang,

Jowai. (Mobile) – 94361-06317.

Public Information Offi cer, Superintendent, District Hospital,

West Jaintia Hills District, C/o offi ce of the District

Medical & Health Offi cer, West Jaintia Hills District.


Dated 16-11-2015 (Recd 10-9-2015)

Shri Devendra Prasad, C/o Raj Kishore Mahto

(Post Master), Near – Mathura High School, Ring Bandh

Laxmana Nagar, Sitamarhi (Bihar) – 843302.

Shri O.Ropmay, Public Information Offi cer, viz.,

Joint Director, Higher & Technical Education, Meghalaya, Shillong.

The Director Information & Public Relations,

Meghalaya, Shillong. Smti. Rachel Bey, Hindi Translator, Directorate of Information & Public Relations, Meghalaya,

Shillong.

22


Dated 24-11-2015 (Recd 8-9-2015)

Shri Curtis Rani, Mawkneng Wahlang 9 Kyntoit

Nongspung Syiemship. Phone – 8014205012.

Shri Petrick Syiemiong, Syiem, Hima Nongspung, East Khasi Hills, District

& Public Information Offi cer, Wahlang 9 Kyntoit

Nongspung Syiemship


Dated 3-12-2015 (Recd 1-12-2015)

Arun Kumar, H. No. 145, Malka Ganj Road,

Nehru Khtia, Delhi – 110007.

First Appellate Authority, Mahatma Gandhi University

Campus Khanapara, 13th Mile, G.S. Road,

District Ri Bhoi, Meghalaya. Public Information Offi cer,

Mahatma Gandhi University Campus Khanapara, 13th Mile, G.S. Road, District Ri

Bhoi, Meghalaya.


Dated 7-12-2015 (Recd 9-11-2015)

Aneeta Synrem, C/o K. Pathaw, Near Green

Lodge, Polo Hills, Shillong – 793001.

Phone – 9774281734.

Public Information Offi cer, viz., District Health & Medical Offi cer, cum-District Registrar, East

Khasi Hills District, Lower Lachumiere, Shillong.


Dated 7-12-2015 (Recd 12-11-2015)

Shri Dimimemon Tariang, Thangbuli Village, P.O. Jowai,

West Jaintia Hills District, Meghalaya – 793150. Phone – 9856040879/ 9402570498.

Public Information Offi cer, Block Development Offi cer,

Amlarem C&RD Block, Amlarem, West Jaintia

Hills.


Dated 7-12-2015 (Recd 9-11-2015)

S.K.Sharma, 30 Chandan Nagar Survey, Beltola Road,

Guwahati – 28. Phone – 9435144118.

Public Information Offi cer, offi ce of the Principal Chief Conservator of

Forests, Meghalaya, Lower Lachumiere, Shillong.


Dated 14-12-2015 (Recd 21-9-2015)

Shri Dimimemon Tariang, Thangbuli Village, P.O.

Jowai, West Jaintia Hills District, Meghalaya

– 793150. Phone – 9856040879/ 9402570498

Public Information Offi cer, Block Development Offi cer,

Amlarem C&RD Block, Amlarem,

West Jaintia Hills.


Dated 14-12-2015 (Recd 16-9-2015)

Shri Hopingstone Masharing, Lawsohtun, Block – 1, Shillong, East Khasi Hills, Meghalaya. Phone – 857572696.

Public Information Offi cer, offi ce of the Hima Mylliem

Syiemship, Mawkhar, Shillong.


Dated 14-12-2015 (Recd 9-11-2015)

Shri Tokyo R.Marak, S/o (Late) Harry R.Marak,

R/o R.C.Compound, P.O. & P.S. Baghmara, South Garo

Hills, Baghmara. Phone – 08014392427

Public Information Offi cer, & Executive Secretary, Garo Hills Autonomous

District Council, Tura, West Garo Hills, Meghalaya.

23


Dated 14-12-2015 (Recd 22-9-2015)

Shri Disparsing Rani, C.o D.Thabah Automobiles 3rd

Mile Upper Shillong, P.O. Kynton,

Meghalaya – 793005. Phone No. 9856617951.

Shri K. Wahlang, Revenue Offi cer & Public Information

Offi cer, Khasi Hills Autonomous District Council, Shillong.

Smti. S. Saiborne, Assistant Public Information Offi cer, Khasi Hills Autonomous

District Council, Shillong in-charge Forest.


Dated 21-12-2015 (Recd 2-11-2015)

Bernadine M. Mawkhiew, C/o E.Villa, Lower

Kharmalki, Near Spring Field School,

Shillong – 793001. Phone – 9615931330.

Public Information Offi cer, offi ce of the Meghalaya State Pollution Control

Board, Motinagar, Shillong.


Dated 22-12-2015 (Recd 10-12-2015)

Smti. Mayfairlin Laloo, Mission Compound Jowai, West Jaintia Hills District,

Jowai. Phone No. 8794420930.

First Appellate Authority & Deputy Commissioner, East Jaintia Hills District, Khliehriat, Meghalaya,

Public Information Offi cer offi ce of the Deputy

Commissioner, East Jaintia Hills District, Khliehriat, Meghalaya,

for information.

Penalties/Compensations awarded during 2015

Sl. No. Case No.

Name of Complainants/

Appellants

Name of PIO/Public Authorities

Amount ofPenalty/

Compensation

1.

No.MIC/Complaint/8/2015/5 Dated 23-3-2015 (Recd 17-2-15)

Shri Dimimemon Tariang Thangbuli,

West Jaintia Hills for information.

Smti. D. Khongiong PIO & District Education

Offi cer, West Jaintia Hills District

` 9,500/- (Penalty)

2.


Dated 22-4-2015 (Recd 17-2-2015)

Shri Dimimemon Tariang, Thangbuli

village, West Jaintia Hills District, Meghalaya, 793150.

E-mail: [email protected].

Mobile – 9856040879.

Smti. T. M. Pyngrope, Public Information

Offi cer, viz., Special Offi cer, School

Education & Literacy, Meghalaya,

Laitumkhrah, Shillong.

` 11,250/-(Penalty)

24

3.

MIC/Complaint/23/2015/17

Dated 12-6-2015 (Recd. 19-5-2015)

Shri John E.Rodborne, Ward I, House No.

746, Arbuthnot Road, (behind Ao Baptist

Church), Nongrimmaw, Laitumkhrah,

Shillong – 793001. Phone – 9436702800.

Public Information Offi cer, Meghalaya Non-

Conventional & Rural Energy Development


Mawpat, Shillong.

` 2,500/-(Penalty)

4.


Dated 22-6-2015 (Recd. 26-5-2015)




Shillong – 793001. Phone – 9436702800.

Public Information Offi cer, Meghalaya Non-

Conventional & Rural Energy Development


Mawpat, Shillong.

` 1,000/-(Penalty)

5.


Dated 6-7-2015 (Recd. 16-6-2015)

Shri B. Deb, C/o Hi-Tech Computer

System, Behind MTC Building,

Shillong – 793001. Mobile – 9436952663.

The Joint Direcor, Food & Civil Supply, East Khasi Hills District,

Shillong.

` 6,750/- (Penalty)

6.


Dated 20-7-2015 (Recd. 22-5-2015)

Shri Fairson Kharjana, C/o D.Thabah

Automobile, 3rd Mile, Upper Shillong, P.O. Kynton, East Khasi

Hills District. Phone – 9615364376.

The Addl. District Medical & Health

Offi cer, West Khasi Hills, Nongstoin.

Dr. L.L.Mawnai, Medical Superintendent, Mairang

Civil Hospital, West Khasi Hills, Mairang..

` 1,500/-(Penalty)

7.


Dated 20-7-2015 Recd. 12-5-2015)

Shri A.Dohkrut, 122, Marbisu Pdengshnong,

Marbisu Mawngap, East Khasi Hills

District, Meghalaya. Phone – 8131826891.

The Public Information Offi cer, Meghalaya Non-Conventional

& Rural Energy Development Agency,

Nongmensong, Shillong.

` 4,500/-(Penalty)

8.

MIC/Appeal/10/2015/18

Dated 13-7-2015 (Recd. 22-6-2015)

Dr. Rajinder K.Singla, House No. 102, Sector

23-A, Chandigarh.

Shri C. P. Gotmare, IAS, First Appellate Authority (FAA) & Director, Higher & Technical Education Department, Shillong.

Shri O. Ropmay, Public Information Offi cer (PIO) & Joint Director, Higher & Technical Education Department, Shillong.

` 5,500/ - (Penalty)

25

9.


Dated 24-8-2015 (Recd. 22-5-2015)

Saine Paul; 55A, 3rd Floor, Siddharth

Chambers 1, Kalu Sarai,

New Delhi – 110016.

The Public Information Offi cer (PIO), Deputy

Superintendent of Police, CID, Police

Headquarter, Shillong.

` 8,000/-(Penalty)

10.


Dated 1-10-2015 (Recd 3-6-2015)

Shri Disparsing Rani, C.o D.Thabah Automobiles 3rd Mile

Upper Shillong, P.O. Kynton,

Meghalaya – 793005. Phone No.

9856617951.

Shri K.Prasad, Dy., S.P., & Public Information Offi cer, offi ce of the Superintendent of

Police, East Khasi Hills. Shri Simseng A.

Sangma, the Deemed PIO & Inspector

in-charge Special Cell, East Khasi Hills District

and in-charge Police Control Room.

` 13,250/-(Penalty)

11.


Dated 12-10-2015 (Recd 13-7-2015)

Shri Muhammad Yamin son of Shri Inkar Ali,

Resident of Wakaspur, Kherar Village, P.O. Ariphpur Nabada, Janpad Badayoo –

24360, Uttar Pradesh, Mobile No.

9837750757.

PIO & Joint Secretary, Education Department,

Govt. of Meghalaya, Shillong/

Public Information Offi cer, viz., Joint Director, Higher &

Technical Education, Meghalaya, Shillong,

Shri O.Ropmay

` 8,500/-(Penalty)

12


Dated 2-11-2015 (Recd 15-9-2015)

Shri Phamles Syiemlieh, Joint Secretary, Kur

Syiemlieh, Maharam Syiemship, C/o Mawthong, P.O.

Mawkyrwat, South West Khasi Hills

District, Meghalaya. Phone 8575746888

Shri R.S.Wanniang, First Appellate

Authority viz., the Joint Secretary, Khasi Hills Autonomous District

Council, Shillong. Shri Blossdingwell Wanniang, the then Public Information Offi cer, Maharam

Syiemship, Mawkyrwat, South West Khasi Hills

District.

` 25,000/-(Penalty)

3.2. Reasons for fi ling of Complaints to the State Information Commission:

Most of the Complaints lodged with the Commission were due to violation of Sec-18 (1) (b) and 18 (1) (c) of the R.T.I. Act, 2005, that is refusal to give access to any information within the time limit specifi ed under the Act. There were few cases which were fi led under Sub section – (1) Clause (e) of section -18 that is for giving incomplete and misleading information.

Table 3.2.1 below give a picture of the Complaints fi led under different Sub-sections and Clauses of section – 18 of the Right to Information Act, 2005.

26

Table 3.2.1Details of Section, Sub-sections and Clauses which Complaints

were fi led with the Commission:

Section, Sub-sections and

Clauses

Nos. of Com-plaints carried over from last

year

Nos. of Com-plaints fi led during the

year

Total Nos. of Complaints

with the Com-mission

No. of Com-plaints dis-

posed

Nos. of Complaints

rejected

18 (1) (a)18 (1) b) 22 22 2218 (1) (c) 3 3 318 (1) (d)18 (1) (e) 2 218 (1) (f)

27

Chapter – 4

Hearing and disposal of Second Appeals by the Commission:

4.1. Another important function of the State Information Commission is to receive and hear appeals preferred to by the Information seekers against the PIOs and Designated Appellate Authorities (DAA). Section 19 of the R.T.I. Act, 2005, provides that:-

(1) Any person who, does not receive a decision within the time specifi ed in sub-section (1) or clause (a) of sub-section (3) of section 7, or is aggrieved by a decision of the Central Public Information Offi cer or State Public Information Offi cer, as the case may be, may within thirty days from the expiry of such period or from the receipt of such a decision prefer an appeal to such offi cer who is senior in rank to the Central Public Information Offi cer or State Public Information Offi cer as the case may be, in each public authority:

Provided that such offi cer may admit the appeal after the expiry of the period of thirty days if he or she is satisfi ed that the appellant was prevented by suffi cient cause from fi ling the appeal in time.

(2) Where an appeal is preferred against an order made by the Central Public Information Offi cer or a State Public Information Offi cer, as the case may be, under section 11 to disclose third party information, the appeal by the concerned third party shall be made within thirty days from the date of the order.

(3) A second appeal against the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the Central Information Commission or the State Information Commission.

Provided that the Central Information Commission or the State Information Commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfi ed that the appellant was prevented by suffi cient cause from fi ling the appeal in time.

(4) If the decision of the Central Public Information Offi cer or State Public Information Offi cer, as the case may be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party.

(5) In any appeal proceedings, the onus to prove that a denial of a request was justifi ed shall be on the Central Public Information Offi cer or State Public Information Offi cer, as the case may be, who denied the request.

(6) An appeal under sub-section (1) or sub-section (2) shall be disposed off within thirty days of the receipt of the appeal or within such extended period not exceeding a total of forty-fi ve days from the date of fi ling thereof, as the case may be, for reasons to be recorded in writing.

(7) The decision of the Central Information Commission or State Information Commission, as the case may be, shall be binding.

28

(8) In its decision, the Central Information Commission or State Information Commission, as the case may be, has the power to –

a) require the public authority to take any such steps as may be necessary to secure compliance with the provisions of this Act, including –

(i) by providing access to information, if so requested, in a particular form;

(ii) by appointing a Central Public Information Offi cer or State Public Information Offi cer, as the case may be;

(iii) by publishing certain information or categories of information.

(iv) by making necessary changes to its practices in relation to the maintenance, management and destruction of records;

(v) by enhancing the provision of training on the right to information for its offi cials;

(vi) by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4.

(b) require the public authority to compensate the complainant for any loss or other detriment suffered.

(c) impose any of the penalties provided under this Act.

(d) reject the application.

During the year a total number of 15 appeals were received by the State Information Commission.

Department-wise receipt and disposal of Second appeals by the State Information Commission is given in Table 4.1.1.

Table 4.1.1.Department-wise receipt and disposal of Appeals by the Commission:

Sl.No.

Name of the Department

No. of appeals pending with the Commission at the end of last

year

No. of appeals preferred during the

year

Total No. of appeals

with the Commission

No. of Appeals Disposed

No. of Appeals Rejected

1. Education - 5 5 5 -

2. Sports & Youth Affairs - 1 1 1 -

3. PWD - 1 1 1 -

4. Personnel & AR Deptt. - 1 1 1 -

5. Home Police - 1 1 1 -

6. Chief Minister Secretariat - 2 2 2 -

7. Law (B) - 1 1 1 -

29

8. KHADC - 1 1 - -9. Labour Deptt. - 1 1 1 -

10. C&RD - 1 1 1 -Total 15 15 15

Table 4.2.1.Details and particulars of the Second Appeals disposed of by the Commission

during the year.Appeals Disposed during 2015

Sl. No.

Case No. Name of Appellant Name of PIO/Public Authority

1. MIC/Appeal/1/2015/12 Dated 9-1-2015

(Recd 12-1-2015)

Shri Varun Kumar, 1352/11 Model Town Ambala Road Kaithal – 136027 (Haryana).

Departmental Appellate Authority (DAA) & Commissioner & Secretary, Education, Govt. of Meghalaya, Shillong. Public Information Offi cer (PIO), Joint Secretary, Education, Govt. of Meghalaya, Shillong.

2. MIC/Appeal/21/2014/24 Dated 29-1-2015

(Recd 11-12-2014)

Shri Kitboklang Nongphlang, Upper Shillong, Mawklot (Besides offi ce of the Dorbar Shnong Mawklot) PO Nonglyer, BPO Mawklot, East Khasi Hills District, Meghalaya, 793009. Email : [email protected]

Departmental Appellate Authority (DAA) & Director, Sports & Youth Affairs, Govt. of Meghalaya, Shillong, Jawaharlal Nehru Complex, Polo Ground, Shillong – 7930001 Public Information Offi cer (PIO), Sports & Youth Affairs, Govt. of Meghalaya, Shillong, Jawaharlal Nehru Complex, Polo Ground, Shillong – 7930001 (Carry Over from 2014)

3. MIC/Appeal/3/2015/4 Dated 19-2-2015 (Recd 18-2-2015)

Shri Arvind Singh Bhandari, through Vibha Namdev Virpur Khurd Post Pashulak, District Dehradun Uttarakhand 249203.

First Appellate Authority viz., the Commissioner & Secretary, Higher Education, Govt. of Meghalaya, Shillong Public Information Offi cer, viz., the Joint Secretary, Higher Education, Govt. of Meghalaya, Shillong


Shri Dhirendra Chandra Pandey, 34 A, Shukla Market (Maya Market) Barah Kanpur – 27.

PIO, C. M. J. University, Laitumkhrah, Shillong


Smti. Tyrna Rangat, UDA, State Road Branch, O/o C. E., PWD (R)

Shri L. Passah, First Appellate Authority & Chief Engineer, PWD (Roads), Meghalaya, Shillong. Shri W. C. Paswet, Public Information Offi cer & Deputy Chief Engineer, PWD (Roads), Meghalaya, Shillong.

30

6 MIC/Appeal/9/2015/21Dated 13-7-2015(Recd 22-6-2015)

Shri P. S. Thangkhiew, IAS, Addl. Chief Secretary, Govt. of Meghalaya, Civil Defence & Home Guards Department.

The Departmental Appellate Authority (DAA) & Commissioner & Secretary, Personnel & A. R. Department.The Public Information Offi cer (PIO) & Under Secretary, Personnel & A. R. Department Meghalaya, Shillong.

7. MIC/Appeal/10/2015/18 Dated 13-7-2015

(Recd. 22-6-2015)

Dr. Rajinder K.Singla, House No. 102, Sector 23-A, Chandigarh

Shri C. P. Gotmare, IAS, First Appellate Authority (FAA) & Director, Higher & Technical Education Department, Shillong. Shri O. Ropmay, Public Information Offi cer (PIO) & Joint Director, Higher & Technical Education Department, Shillong.

8. MIC/Appeal/8/2015/21 Dated 24-8-2015

(Recd. 22-5-2015)

Saine Paul; 55A, 3rd Floor, Siddharth Chambers 1, Kalu Sarai, New Delhi – 110016.

The Under Secretary to the Govt. of Meghalaya, Home (Police) Department, Shillong. The Public Information Offi cer (PIO), Deputy Superintendent of Police, CID, Police Headquarter, Shillong. The Public Information Offi cer (PIO) & AIGP (E), Police Headquarter, Shillong.

9. MIC/Appeal/11/2015/27

Dated 7-9-2015 (Recd .19-6-2015)

Harpal Singh Rana, A-1 Village Kadipur Post Offi ce Kadipur, Delhi – 110036. Phone No. 9136235051.

Departmental Appellate Authority (DAA), Chief Minister Secretariat, Meghalaya, Shillong. Public Information Offi cer & Under Secretary, Chief Minister Secretariat, Meghalaya, Shillong. Public Information Offi cer & Joint Secretary, Education Department, Meghalaya, Shillong. Public Information Offi cer Joint Director, Higher & Technical Education, Meghalaya, Director Information & Public Relations, Shillong.

31

10. MIC/Appeal/12/2015/30 Dated 2-11-2015

(Recd. 13-7-2015)

Shri Indrajit Chakma, Maya Sarover Area, P.O. Bodhgaya, District, Gaya, Bihar – 824231.

Public Information Offi cer, Law (B) Department, Shillong. PIO offi ce of the Deputy Commissioner, Ri Bhoi District, Nongpoh,in-charge Election.Smti. D. Phawa Addl Deputy Commissioner In-charge General Branch offi ce of the Deputy Commissioner, Ri Bhoi District, Nongpoh. Smti. Y. Lapang, Head Assistant General Branch, Deputy Commissioner offi ce Ri Bhoi District, Nongpoh, PIO & Under Secretary to the Govt. of Meghalaya, Home (Police) Department. PIO & AIGP(E) offi ce of the DGP offi ce Meghalaya.

11. MIC/Appeal/17/2015/27 Dated 24-11-2015 (Recd. 15-9-2015)

Shri Phamles Syiemlieh, Joint Secretary, Kur Syiemlieh, Maharam Syiemship, C/o Mawthong, P. O. Mawkyrwat, South West Khasi Hills District, Meghalaya. Phone 8575746888

Shri R. S. Wanniang, First Appellate Authority viz., the Joint Secretary, Khasi Hills Autonomous District Council, Shillong. Shri Blossdingwell Wanniang, the then Public Information Offi cer, Maharam Syiemship, Mawkyrwat, South West Khasi Hills District.


Shri Ivan Jyrwa, Meghalaya Additional Secretariat, Shillong, Room No.302.

Shri A. Mawlong, IAS, Secretary, Labour Department, Govt. of Meghalaya, Shillong Smti. N. R. Marak, Deputy Secretary, Labour Department, Govt. of Meghalaya, Shillong.


Smti. Cheeryberth Shadap, Mawroh, Nongpoh, Phone – 8014731870.

First Appellate Authority & Deputy Commissioner, Ri Bhoi District, Nongpoh, Meghalaya. Block Development Offi cer, Umling C&RD Block, Umsning Ri Bhoi, Nongpoh, Meghalaya.

14 MIC/Appeal/21/2015/10 Dated 22-12-2015 (Recd 9-12-2015)

Smti. Cheeryberth Shadap, Mawroh, Nongpoh, Phone – 8014731870.

First Appellate Authority & Deputy Commissioner, Ri Bhoi District, Nongpoh, Meghalaya. Block Development Offi cer, Umling C&RD Block, Umling Ri Bhoi, Nongpoh, Meghalaya.

32

15 MIC/Appeal/19/2015/13 Dated 23-12-2015 (Recd 1-12-2015)

Arun Kumar, H. No. 145, Malka Ganj Road, Nehru Khtia, Delhi – 110007.

First Appellate Authority, Mahatma Gandhi University Campus Khanapara, 13th Mile, G.S. Road, District Ri Bhoi, Meghalaya. Public Information Offi cer, Mahatma Gandhi University Campus Khanapara, 13th Mile, G.S. Road, District Ri Bhoi, Meghalaya.

33

Chapter – 5

Penalties/Compensation and Disciplinary Action:(Section 20 (1) of the R.T.I. Act, 2005)

5.1. Penalties imposed by the State Information Commission:

The State Information Commission under Section 19 (8) is empowered to impose penalties in accordance with the provisions laid down under the Act. Section 20 (1) of the Act, provides that, “where the Central Information Commission or State Information Commission” as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Information Offi cer or State Information Offi cer, as the case may be, has without any reasonable cause refused to receive an application for information or has not furnished the information within the time specifi ed under sub-section (1) of Section 7 malafi dely denied the request for information or knowingly given incorrect incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information it shall impose a penalty of two hundred and fi fty rupees each day till application is received or information is furnished so however the total amount of such penalty shall not exceed twenty fi ve thousand rupees.

Provided that the Central Information Offi cer or the State Information Offi cer, as the case may, shall be given a reasonable opportunity of being heard before any penalty is imposed on him.

Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Offi cer or the State Public Information Offi cer as the case may be.

While exercising the above Power, in every case, the Commission gave an opportunity to the PIO, by issuing a show-cause notice to him/her, asking to explain as to why penalty under Section 20 (1) should not be imposed against him/her for violation of the Provisions of the R.T.I. Act, 2005. After giving them an opportunity of hearing and after detailed examination and consideration of all the papers and documents available and produced before the Commission on record and only when the Commission is convinced and satisfi ed that the PIO has contravened the law, that the Commission imposed penalty on them.

The Commission in exercise of the above power has during the year 2015 imposed the following penalties as indicated in Table 5.1.1.

34

Table 5.1.1Penalties awarded during 2015 by the State Information Commission:

Sl. No. Case No.

Name of Complainants/

Appelants

Name of PIO/Public Authorities

Amount of Penalty/

Compensation(1) (2) (3) (4) (5)

1.


Dated 23-3-2015 (Recd 17-2-15)

Shri Dimimemon Tariang Thangbuli,

West Jaintia Hills for information.

Smti. D. Khongiong PIO & District Education Offi cer, West Jaintia Hills District

` 9,500/-(Penalty)

2.

No.MIC./Complaint/ 7/2015/22

Dated 22-4-2015 (Recd 17-2-2015)

Shri Dimimemon Tariang, Thangbuli

Village, West Jaintia Hills District, Meghalaya, 793150.

E-mail: [email protected].

Mobile – 9856040879.

Smti. T. M. Pyngrope, Public Information Offi cer, viz., Special Offi cer, School Education & Literacy, Meghalaya, Laitumkhrah, Shillong.

` 11,250/-(Penalty)

3.

MIC/Complaint/ 23/2015/17

Dated 12-6-2015 (Recd 19-5-2015)




Shillong – 793001. Phone – 9436702800.

Public Information Offi cer, Meghalaya Non-Conventional & Rural Energy Development Agency, (opposite BSF Camp Mawpat), Mawpat, Shillong.

` 2,500/-(Penalty)

4.


Dated 22-6-2015 (Recd 26-5-2015)




Shillong – 793001. Phone – 9436702800.

Public Information Offi cer, Meghalaya Non-Conventional & Rural Energy Development Agency, (opposite BSF Camp Mawpat), Mawpat, Shillong.

` 1,000/-(Penalty)

5.


Dated 6-7-2015 (Recd 16-6-2015)

Shri B.Deb, C/o Hi-Tech Computer System,

Behind MTC Building, Shillong – 793001.

Mobile – 9436952663.

The Joint Director, Food & Civil Supply, East Khasi Hills District, Shillong.

` 6,750/-(Penalty)

6.


Dated 20-7-2015 (Recd 22-5-2015)

Shri Fairson Kharjana, C/o D.Thabah

Automobile, 3rd Mile, Upper Shillong,

P.O. Kynton, East Khasi Hills District.

Phone – 9615364376.

The Addl. District Medical & Health Offi cer, West Khasi Hills, Nongstoin.Dr. L. L. Mawnai, Medical Superintendent, Mairang Civil Hospital, West Khasi Hills, Mairang.

` 1,500/- (Penalty

35

7.


Dated 20-7-2015 (Recd. 12-5-2015)

Shri A.Dohkrut, 122, Marbisu

Pdengshnong, Marbisu Mawngap,

East Khasi Hills District, Meghalaya.

Phone – 8131826891.

The Public Information Offi cer, Meghalaya Non-Conventional & Rural Energy Development Agency, Nongmensong, Shillong.

` 4,500/-(Penalty)

8.

MIC/Appeal/ 10/2015/18

Dated 13-7-2015 (Recd. 22-6-2015)

Dr. Rajinder K.Singla, House No. 102, Sector

23-A, Chandigarh.

Shri C.P.Gotmare, IAS, First Appellate Authority (FAA) & Director, Higher & Technical Education Department, Shillong. Shri O. Ropmay, Public Information Offi cer (PIO) & Joint Director, Higher & Technical Education Department, Shillong

` 5,500/-(Penalty)

9.


Dated 24-8-2015 Recd. 22-5-2015)

Saine Paul; 55A, 3rd Floor, Siddharth Chambers 1, Kalu Sarai, New Delhi –

110016.

The Public Information Offi cer (PIO), Deputy Superintendent of Police, CID, Police Headquarter, Shillong.

` 8,000/-(Penalty)

10.


Dated 1-10-2015 (Recd. 3-6-2015)

Shri Disparsing Rani, C/o D.Thabah

Automobiles 3rd Mile Upper Shillong,

P.O. Kynton, Meghalaya – 793005.

Phone No. 9856617951.

Shri K.Prasad, Dy., S.P., & Public Information Offi cer, Offi ce of the Superintendent of Police, East Khasi Hills. Shri Simseng A.Sangma, the Deemed PIO & Inspector in-charge Special Cell, East Khasi Hills District and in-charge Police Control Room.

` 13,250/-(Penalty)

11.


Dated 12-10-2015 (Recd. 13-7-2015)

Shri Muhammad Yamin son of Shri Inkar Ali,

Resident of Wakaspur, Kherar Village,

P.O. Ariphpur Nabada, Janpad

Badayoo – 24360, Uttar Pradesh,

Mobile No.- 9837750757.

PIO & Joint Secretary, Education Department, Govt. of Meghalaya, Shillong/Public Information Offi cer, viz., Joint Director, Higher & Technical Education, Meghalaya, Shillong, Shri O. Ropmay.

` 8,500/-(Penalty)

36

12.


Dated 2-11-2015 (Recd. 15-9-2015)

Shri Phamles Syiemlieh,

Joint Secretary, Kur Syiemlieh,

Maharam Syiemship, C/o Mawthong, P.O. Mawkyrwat,

South West Khasi Hills District, Meghalaya. Phone 8575746888

Shri R.S.Wanniang, First Appellate Authority viz., the Joint Secretary, Khasi Hills Autonomous District Council, Shillong. Shri Blossdingwell Wanniang, the then Public Information Offi cer, Maharam Syiemship, Mawkyrwat, South West Khasi Hills District.

` 25,000/-(Penalty)

37

Chapter – 6

Highlights of some of important decisions of the Commission.

Orders passed by the Commission during 2015:

MEGHALAYA INFORMATION COMMISSION, SHILLONG

…


Shri Dimimemon Tariang, Thangbuli, West Jaintia Hills - Complainant

- Vrs -

PIO & Special Offi cer, D.S.E.L., Govt. of Meghalaya, Shillong - Respondent

22-4-2015 O R D E R

Case records put up today. The Complainant is absent. The Respondent PIO, Smti. T. M. Pyngrope of the Directorate of School Education & Literacy, Meghalaya (DSEL) (to whom the application was submitted) and the Respondent PIO and District School Education Offi cer, West Jaintia Hills, Smti. D. Khongiong, are present.

The case in brief is that, the Complainant, Shri Dimimemon Tariang had requested for copies of rules concerning Management of Govt. Aided Schools (Secondary and Higher Secondary), the offi ce memorandum of the Department and the role, duties and responsibilities of the Sub Divisional School Education Offi cer (SDEO) and the District School Education Offi cer (DSEO) from the offi ce of the PIO DSEL. Since he did not receive a reply to his application, he fi led an appeal to the Directorate School Education & Literacy on 13th January, 2015. He complained that no action was taken either by the DSEL, who is the Appellate authority and the Respondent PIO of DSEL.

On receipt of the complaint, the Commission had issued a show cause notice to the Respondent PIO of DSEL, Shillong as to why information should not furnished and as to why penalty should not be imposed according to the RTI Act 2005 for failure to comply with the request. During the enquiry, it emerged that the Respondent PIO DSEL sat on the application and vide No.DSEL/SEC-NG/CC/6/2012/157 dated 12th January, 2015, had transferred the application to the Respondent PIO DSEO, Jowai, who received the same on 16th January, 2015.

The Respondent PIO DSEL submitted that in the absence of Deputy Director, DSEL and PIO of the Directorate, she was given additional duties to look after the Court cases of the Directorate, besides other duties entrusted on her. She was also not fully conversant of the rules of RTI Act, since she has not attended any training on the subject. When the case was sent to the dealing assistant for processing, she had not put up the application to her and therefore she has tendered an apology to the Commission and prayed that she

38

may be exonerated of the charges against her. She informed that a Show cause notice was already issued to the dealing assistant of the Directorate of DSEL for negligence and adequate warning had been issued to him.

The Respondent PIO and DSEO Jowai stated that the reply was made ready vide No. DSEO/P-100/2014-15/8948 dated 20th January, 2015. However, through oversight of the Offi ce Assistant, it was not issued to the Complainant. The information was handed over to him on 3rd March, 2015. According to her, Shri Dimimemon Tariang, the Complainant in this case, is fully aware of the position regarding the rules as in reply to one of his application, the then PIO and Deputy Director, DSEL vide No.DSEL/MISC/5/2010/PT-1/124, dated 1st August, 2014 had already informed him that the amended Assam Aided and Higher and Higher Secondary Employee Rules 1965 is being adopted by the State of Meghalaya and no new rules have been framed. Meghalaya Aided Higher Secondary, Secondary and Upper Primary Rules 1997 have been put on hold from the year 1999, May. She stated that it was the complainant only who had given her a copy of this information as no copy was given to her by the Directorate in this regard. A copy of which was handed over to the Commission for record. She submitted that the manner in which the application was written is not clear and confusing and therefore she was made to understand he wanted the Meghalaya Aided Higher Secondary and Upper Primary School Management Rules 1997, since there is no other rule available in the offi ce. Whatever information he had asked for e.g., the OM of the Department and the role and duties and responsibilities of the SDEO and DSEO has been furnished to him. There has been slight lapse on her part as she forgot to mention the change in the designation of the Inspector of Schools etc, which has been now renamed as DSEO and the Deputy Inspector of School as SDEO, for which he was fully aware and information to this effect is available. His intention was mainly to fi nd fault. On the basis of the above, she submitted that the delay may be condoned and she may be exonerated of the charges against her.

On hearing of the PIOs and examination of the documents before the Commission, the Commission found that there are lapses at all levels (1) When a similar information was furnished by the PIO DSEL vide No.DSEL/MISC/5/2010/PT-1/124 dated 1st August, 2014, why was the application transferred and is the transfer under section 6(3) tenable? (2) Why there should be so much delay in transferring the application (3) why was the delay in furnishing the reply to the Applicant? (4) Whether the application is clear?

The Application was correctly addressed to the PIO DSEL as it is expected that it is the duty and responsibility of the Directorate to frame the policy matter, the information should be available with them. The act of transferring, therefore, seems to be just a way to avoid responsibility by the PIO DSEL, which is highly objectionable. Besides that section 6(3) of the RTI Act 2005 provides:-

6(3) Where an application is made to a public authority requesting for an information,— (i) which is held by another public authority;

Or

(ii) the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the

39

application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:

Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than fi ve days from the date of receipt of the application” .

The wording of the section is very clear. The matter under process is the function and responsibility of the Public authority of the Directorate and the reply should have been furnished by them instead of transferring the same, besides the delay in transfer. Regarding the date of transfer on 12th January, 2015 also, it cannot be said whether is coincidental or was made only after receipt of the Appeal petition on 13th January, 2015 by the Public Authority. Overall, the action of the PIO DSEL appears to avoid responsibility and therefore not acceptable. The PIO & DESEO Jowai admitted that there was delay mainly because of the negligence of the staff of her Offi ce in not sending the information.

The Commission after going through the application dated 24th November, 2014 of Shri Dimimemon Tariang agrees with the contention of the Respondent PIO and DSEO, Jowai that the manner in which the application was made by the Complainant is not clear, especially when he already knew that the Meghalaya Aided Higher Secondary and Upper Primary School Management Rules 1997 had been put on hold, he should have clarifi ed what he wanted, whether it is the “latest” or “the Rules in force”. He was already informed earlier that the Assam Rules are adopted. Under the circumstances indicated, any ordinary person could be confused. Even so, she should have replied to his application in time.

From the above, it is clear that there is delay by the Respondent PIO DSEL in not transferring the application under section 6(3) of the RTI Act, 2005 within 5 days of the date of receipt of the application, especially when it is her duty to furnish the reply to the appellant and has not given any reasonable justifi cation for the delay. The Respondent PIO DSEL received the application on 24th November, 2014. According to the law, she was expected to transfer the application before 29th November, 2014, which she failed to do and therefore liable for penalty from 29th November, 2014 till 12th January, 2015, the date on which she actually transferred the application to the Respondent PIO & DSEO Jowai. On the other hand, the Respondent PIO & DSEO, Jowai who received the application on transfer on the 16th January, 2015, failed to furnish the information within 30 days. The information was due on 16th February, 2015 but it was actually handed over to the Complainant i.e. on 3th March, 2015. In the meantime the Appellant had already fi led an appeal before the Commission on 13th February, 2015.

By the powers conferred on the Commission under section 20 of the RTI Act 2005, (1) a Penalty of ` 11,250 /- (Rupees eleven thousand two hundred fi fty) is imposed on the Respondent PIO DSEL, Smti. T. Pyngrope for her failure to transfer the application from 29th November, 2014 till 12th January, 2015, the date on which she actually transferred the application to the Respondent PIO & DSEO Jowai for 45 days @ ` 250/- per day. The Respondent PIO DSEL is also cautioned not to repeat the same mistake of avoiding responsibility by transferring application in future without proper examination as provided under section 6(3) of the RTI Act 2005.

40

With regards to the Respondent PIO & DSEO Jowai, Smti. D. Khongiong, the Commission restraints itself from taking action against her in this case since the appeal was fi led on 13th February, 2015, before the information actually became due i.e., on 16th February, 2015. However, she is cautioned that RTI applications should be taken seriously and ensure that replies/information in future be given in time.

The Respondent PIO DSEL, Smti. T. Pyngrope is required to deposit the above amount by Treasury Challan to the State Bank of India at Shillong under the Head of Account “0070-Other Administrative Services etc., 60-Other Services, 118-Receipt under the Right to Information Act, 2005 Volume – I under:- (02) Fees & Fines for the Penalty Amount Imposed by the Commission” within a period of 30 days from the date of this Order with intimation to this Commission.

The Appellant is at liberty to fi le a clear fresh application on the issue, if he so desires.

With this direction the case is dispose off.

Fix 25th May 2015 for compliance.

(C.D.Kynjing)

C.I.C

41

MEGHALAYA INFORMATION COMMISSION, SHILLONG…

No.MIC/Complaint/5/2015/22,

Shri Batista Khongphai, Cherrapunjee, East Khasi Hills - Complainant

- Vrs -

The P.I.O., Mawmluh Cherra Cement Limited, Shillong - Respondent

19-5-2015 O R D E R

Case records put up today.

The Complainant, Shri Batista Khongphai is absent. The Respondent PIO, Shri D. Warjri, along with Shri Indraneel Baruah, Company Secretary, Mawmluh Cherra Cement Limited (MCCL), Shillong and Shri K.Lyngdoh, General Manager, Mawmluh Cherra Cement Limited (MCCL), Shillong are present. Seen the written submission made by the Respondent PIO.

Briefl y, the facts of the case is that Shri Batista Khongphai fi led an application under RTI Act, 2005 on 2-9-2014 to the PIO, MCCL, Sohra consisting of a total of 24 items as follows:-

1. Name of persons holding the post of Chairman, Vice Chairman, Managing Director and General Manager from the year 1990-2014.

2. Number of the staffs/offi cials in Shillong offi ce and factory offi ce.

3. What are the advantages/merits of setting up an offi ce in Shillong.

4. Name, functions and designation of each offi cial/staff each both in Shillong and factory offi ce. Please mention their date of joining.

5. Procedure of giving promotions of Offi cers/Staffs.

6. Name of offi cers get promoted during the last ten years i.e., between 2004 and 2014.

7. The present status of waste management and pollution treatment in the factory. Please give a copy of status report.

8. Number and name of Civil works completed/under progress/pending/cancelled in the premises of the factory during the last 6 years i.e., 2008-2014. Please mention the name of offi cials responsible for each and every work during the years mentioned above. Please give the names of contractors/company (ies) to which works are allotted in the years mentioned above (2008-2014).

9. Name and number of machineries purchased for different uses between 2004 and 2014 (old and new plant).

10. Rate, quality and validity of each machine along with the name of suppliers/company (ies).

11. Name and types of machineries bought but not in used. Please give copy of the rate prescription and reasons for not using them (old and new plant).

42

12. Name of the technical offi cers responsible for purchase of machineries/equipments.

13. Date of issue of tender notice, name of companies applied for the tender, rates offered by different companies.

14. Procedure for selection of the suppliers/companies offered for supply of machineries/equipments.

15. Total production (in tones) per day/month/year between 2004 and 2014.

16. Please mention the future plan of the old cement plant.

17. Name of the companies/contractors carrying out and rendering different activities for the new cement plant (dry process).

18. Total amount sanctioned for the new cement plant (dry process).

19. Agreement ties up with the company/companies/contractors/government and non government agencies for various interventions.

20. Period of completion of the works.

21. List of machineries/equipments/tools/imported for the new cement plant.

22. Date, rate/quality/validity of machineries/equipments/tools bought for the new cement plant.

23. Waste management and pollution treatment framed for the new plant.

24. Name of the offi cials with their experience appointed to assist/monitor the new cement plant (dry process). Please give copies of their appointment letters.

In his application he stated that “I am submitting herewith the Money Order worth `10/- (ten) only being the amount for the application fee” addressed to PIO, MCCL, Shillong.

According to him, he did not receive any reply to his application even after a period of 30 days was over, except for an interim reply from the PIO., MCCL, Shillong that he has not receive all the information especially from the Accounts Department of MCCL and that “the volume of information sought for is titanic in ordinary measures. According to Head offi ce, the related replies should be ready for submission in a fortnight or so.” Thereafter, he did not receive any information from the PIO. On 4th December, 2014, he fi led an appeal before the First Appellate Authority of MCCL, Shillong and no action was taken on his appeal. As a last resort, he fi led the present complaint before the Commission.

On behalf of the Respondent PIO, MCCL, it was submitted that the application of Shri Batista Khongphai is not a valid application as the application fee was submitted separately by Money Order and did not accompany the application as required under section 6(1) of the RTI Act, 2005. According to the rules, the application fee should have been paid either by cash, Demand Draft, Bank Draft or even IPO but it is to accompany the application. It was also submitted that though the application was addressed to the PIO, MCCL at Sohra, the amount of ` 10/- sent through Money Order was remitted to the PIO, MCCL, Shillong offi ce separately. In view of the above defects, it was submitted that the application was void ab initio and there was no need to proceed with the application.

The Respondent PIO in his submission stated that the information sought covering a number of areas which includes administration, technical, environmental and also the accounts of the Company relating to various periods.

43

In order to enable him to furnish a reply in time, immediately on receipt of the application, he had taken steps required, in order to enable him to furnish the reply to the RTI application, presuming that the application is in order, with a view to avoid wastage of time, as there were too many information to be collected from various branches viz. Administration, Technical and Accounts. He was not aware whether the application fee of ` 10/- (ten) only was received or not in the Company. It was only later that he came to know that the application fee was received by someone else in the Accounts Department. However, it could not be verifi ed whether the amount is meant for the present RTI or not. Subsequently, after sending the questionnaire to various branches for information, he informed Shri Khongphai vide letter dated 8th October 2014 that information is still to be collected and since it is voluminous, the reply has taken time. During the period he tried to verify fees sent by Money Order but could not correlate with the application of Shri Batista Khongphai, as the amount was wrongly received in the Account Department. The Complainant also met him once and he informed him the facts of the case to which he responded that he will take the case on appeal to the higher ups .Under the circumstances, the matter was kept pending. He submitted to the Commission that mistakes occurred on his part through oversight may kindly be condoned and he may be exonerated for any act of omission and commission that might have occurred unknowingly in handling the said RTI application and assured that in future this will not be repeated.

The General Manager of MCCL stated that two PIOs have been notifi ed for the MCCL one at Sohra and the other at Shillong. Though this was notifi ed internally but was not kept in the website since they do not have one as yet. Proper training also could not be imparted for RTI. He also mentioned that MCCL is going through a very bad phase and are trying to revive the functioning of the Company and hence proper organization of the offi ce could not be done which has resulted in this confusion. It appears that though the application was addressed to the PIO MCCL Sohra the Money Order was sent to the PIO MCCL, Shillong on 2nd September, 2014 separately and therefore it is clear that the applicant himself has committed a mistake in not fully complying with section 6 of the RTI Act, 2005. Since he is from Sohra he could have easily buy an IPO or submits the application fee by cash to the PIO at Sohra and enclose it along with application which he did not do.

Section 6(1) of the RTI Act provides that, “ A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the offi cial language of the area in which the application is being made, accompanying such fee as may be prescribed, to—

(a) the Central Public Information Offi cer or State Public Information Offi cer, as the case may be, of the concerned public authority;

(b) the Central Assistant Public Information Offi cer or State Assistant Public Information Offi cer, as the case may be, specifying the particulars of the information sought by him or her:

Section 6 specifi cally provides that the application has to be accompanied by fees as may be prescribed otherwise the application is not complete. During the enquiry the fact that the application was submitted without the application fee of ` 10/- (ten) was established as the application fee was submitted separately by Money Order. The Respondent PIO could have rejected the application straight away without any further action. However, the whole process has been made complicated as the Public Authority (PA) does not appear to have

44

a very clear understanding of the relevant portion of the Right to Information Act, 2005 and the PIO in his enthusiasm has furnished an interim reply to the applicant, which has created confusion in the mind of the applicant that the application has been accepted.

Coming to the application itself, it is very clear that the applicant in one piece of paper has requested for information for the whole Company covering all the Departments of the Company such as the Administration, Technical and also Accounts and that too for a period of ten years, which would have been very diffi cult for the PA to comply within a period of 30 days. Some of his query is in the form of questions, which could not be easily replied e.g., Serial No. 3, Serial No. 19 etc. This is not the intention of RTI Act.

The Right to Information has been defi ned under section 2(j) of the RTI Act, 2005 which reads as under “right to information” means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to-

(i) inspection of work, documents, records;

(ii) taking notes, extracts or certifi ed copies of documents or records;

(iii) taking certifi ed samples of material;

(iv) obtaining information in the form of diskettes, fl oppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device”.

It has to be kept in mind that the RTI Act is not about seeking answers to the questions and seeking reasons and opinions. This has been clearly laid down in the precedent case of Shri Saidur Rehman Vrs. CIC (Appeal No.CIC/AA/A/2006/0032-0034 dated 22nd June, 2007, where it was clearly decided by the Central Information Commission that the RTI is not about seeking answers or asking questions.

Moreover, it is also to be noted that the request has to relate to a single subject matter. In the case of Shri Rajendra Singh vs CBI; Complaint No CIC/WB/C/2007/00967 dated 17th December, 2007, where the applicant has sought answers to 69 questions pertaining to various subjects, the Central Information Commission in its judgement has observed that the issue hinges around the application required to be made for obtaining information under section 7(1) of the RTI Act, 2005. Under this clause, a PIO on receipt of the request under section 6 is expected to deal with it expeditiously as it is accompanied with a fee. It is therefore not open to the applicant under RTI Act, 2005 to bundle a series of requests into one question unless the requests are treated separately and paid for accordingly. In our experience in disposing of appeals that in fact many such have been treated as one application even though they contain a multiplicity of requests. However, we concede that a request may be comprised of a question with several clarifi catory or supporting questions stemming from the information sought. Such an application will indeed be treated as a single request and charged for accordingly.

The applicant in this case also sought information which needs to be compiled for a period of ten years such as the name and number of machinery purchased for different used between 2004-2014 (old and new plan) and also the rate, quality and validity of each machine and along the name of Supplier/Company and also procedure and offi cers who were responsible for purchase for this machines. Section 7(9) of the RTI Act, 2005, provides that “information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be

45

detrimental to the safety or preservation of the record in question”. The information sought is voluminous and it will require a number of man days to collect and compile this information, which involve a period of ten years and obviously this will be covered by section 7(9) which states that the information should not disproportionately divert the resources of public authority (PA).

From the above discussion, it is very clear that while the application is not valid and should have rejected straight away, the Respondent PIO vide his letter on 8th October, 2014 gave some hope to the applicant that information would be provided to him. Since this commitment has been made and keeping in view of the objectives of the RTI Act, 2005, which provides for a practical regime for the citizen to secure information, it will be appropriate that information available, which would not disproportionately divert the resources of MCCL (PA) should be given to him.

Considering the facts and circumstances of the case as indicated in the preceding paragraphs, the Commission restraints itself from invoking the penalty clause, in this case, due to various defects noted in the application for failing to meet the requirements of the various provisions under the RTI Act 2005. However, considering that some kind of impression has been created by the PA that information as applied by the Complainant shall be provided, the Commission is of the opinion that in all fairness, information from serial 1-2, 4-8, 15-18, 23-24 should be provided, free of cost, to the complainant within a period of 15 days from the date of receipt of this order and hereby orders accordingly.

Case disposed off.

Fix 15th June, 2015 for compliance.

(C.D.Kynjing) C.I.C

46

MEGHALAYA INFORMATION COMMISSION, SHILLONG….

No. MIC/Appeal/9/2015/21

Shri P.S. Thangkhiew, IAS, Addl. C.S. Govt. of Meghalaya - Appellant

-Vrs-

PIO & Under Secretary, Personnel & A.R. (A) Department DAA & Commissioner & Secretary, Personnel & A.R. Deptt. Respondents

Date of hearing 13-7-2015Date of Order 20-7-2015

ORDER

The Appellant, Shri P.S.Thangkhiew, IAS, Addl. Chief Secretary, Government of Meghalaya is present during the hearing. The Respondent PIO, Smti D. Rynjah & Under Secretary, Personnel & A.R. (A) Department along with Departmental Appellate Authority, Smti. L. Diengdoh, IAS, Commissioner & Secretary, Personnel & A.R. (A) Department are also present. They have submitted written submission in reply to the show cause which is placed on record.

Briefl y the facts of the case is that, the Appellant vide an application dated 20-2-2015 had requested that “ details of his ACRs w.e.f. 1986 – 1987 to 2006 – 2007 may be furnished to him according to the provisions of the RTI Act, 2005”. The Respondent PIO vide No. PER.12/2015/13 dated 17th March, 2015 furnished only the grading of the ACRs and it was also indicated therein that “NRC issued for the period of 17th January, 1995 to 31st January, 1995, 1st April, 1995 to 31st March, 1996,1st April, 1996 to 25th April, 1996, period ending 31st March, 2003, period ending 31st March, 2004 and from 1st March, 2006 to 31st May, 2006,” due to various reasons. Not satisfi ed with the information, since only overall grading were provided and the remarks made by the Reporting, Reviewing and Accepting Authorities were not provided, the Appellant requested for complete certifi ed copies of the actual ACRs/APRs. He also requested for inspection of the documents so that copies can be made whenever required. The Respondent PIO vide No. PER.12/2015/18 dated 28th April, 2015, furnished a reply to the Appellant that his request was denied on the ground that there is no public interest involved, quoting clause (j) of Sub-Section 1 of Section 8 of RTI Act, 2005 and the OM No. 10/20/2006-IR dated 21st September, 2007 from the Director, Govt. of India, Ministry of Personnel, Public Grievances and Pensions, Delhi. Since the information was denied to him, the Appellant fi led the fi rst appeal before the Departmental Appellate Authority (DAA). He quoted the Supreme Court Judgement dated 12th May, 2008 in the case of Dev Dutt-Vs-Union of India (Civil Appeal No.7631 of 2002), where it was clearly decided that the disclosure of ACR is required since the object of writing ACR and making entries is to assess the performance of the Offi cer and it is therefore necessary that it should be disclosed to him so as to give an opportunity to the public servant to improve his performance. He did not attend the hearing but he made a written submission to DAA, quoting the above judgment of Supreme Court and also the OM No. 21011/1/2005-Estt(A)(Pt-II) dated 14th May, 2009 of the Ministry of Personnel, Public Grievances and Pensions, regarding “ maintenance and preparations of Annual Performance Appraisal report (APAR) -communication of all entries for fairness and transparency in public administration” issued

47

in the light of Supreme Court judgement in the case of Dev Dutt-Vrs-Union of India. The appeal was heard by the DAA on 27th May, 2015.After perusal of the written submission of the Appellant and also of the submission of the Respondent PIO, the DAA dismissed the Appeal and the decision of the Respondent PIO was upheld. She relied mainly on the OM of DOPT, dated 14th May, 2009, emphasizing the point that the system of communicating of entries in the APARs shall be made applicable “prospectively” with the reporting year of 2008-2009, which is to be initiated after the 1st April, 2009. Under the circumstances, the Appellant has fi led this Second Appeal before the Commission on 19th June, 2015.

In his submission before the Commission, the Appellant stated that the denial of the copies of the ACRs requested by him have resulted in great injustice as his right under RTI Act has been denied to him. He mentioned that there are number of issues with respect to his empanelment in the Govt. of India which has to be sorted out and this could only be done only if the complete copies of the ACRs prior to 1st April, 2009 are furnished to him. Reliance was placed on the decision of the Supreme Court in the judgement dated 12th May, 2008 in the case of Dev Dutt-Vrs-Union of India (Civil Appeal No.7631 of 2002), which clearly stated that the object of writing the confi dential report and making entries is to give an opportunity to the public servant to improve performance. The Respondent PIO while denying his application for copies of the ACRs has denied the same by resorting to clause (j) of Sub-Section 1 of Section 8 of RTI Act, 2005. Section 8(1)(j) provides “information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Offi cer or the State Public Information Offi cer or the appellate authority, as the case may be, is satisfi ed that the larger public interest justifi es the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person”. This is not at all applicable in his case.

The Appellant stated that he is appointed to the IAS in 1984 by the Govt. of India, on the basis of an All India competitive examination, with a view to discharge duties and responsibilities for the overall interest of the public. In view thereof, his performance as an offi cer is of prime importance and if there is any shortcomings on his part, it will greatly affect his performance as public servant. According to existing practice, a system of assessment was done every year through the Annual confi dential Reports (ACR). Since there were issues regarding his empanelment, there may be problems with his ACRs. In view thereof, disclosing of the ACR to him will reveal his shortcomings, if there is any, with a view that they may be rectifi ed to improve his performance in the overall public interest and also to ascertain the position about his empanelment. Therefore, the argument that there is no public interest involved is not tenable. Further, he stated that if the Respondent PIO has disclosed the gradings of his ACRs at the initial stage, he does not see any reason as to why copies of the ACRs should be denied to him, especially in the light of the OM from the Ministry of Personnel dated 14th May, 2009, which was based on the decision of the Supreme Court in the Dev Dutt-Vrs-Union of India. Under the circumstances, he submitted to the Commission that it issues a direction that the copies of the ACRs be furnished to him immediately, in the interest of justice, so that he could pursue the matter regarding his empanelment.

The Respondent PIO in her submission stated that his application was denied on the ground that there is no public interest and on the basis of the clause (j) of Sub-Section 1 of Section 8 of RTI Act, 2005 and stated that there is no obligation to give a citizen an information with relate to personal information and disclosure of which has no relationship

48

to any public activity or interest, or which would cause unwarranted invasion of privacy of the individual unless the PIO or the Appellate Authority as the case may be is satisfi ed that the larger public interest justifi es the disclosure of such information. She also stated that ACR is a confi dential document and the Offi cial Secret Act, 1923 is not completely superseded by the RTI Act, 2005 and the section provides that it is the discretion of the public authority whether to disclose the ACR to an offi cer himself or to other applicant. She also placed reliance in the decision of Central Information Commission in (Appeal.No.CIC/WB/A/2007/00422, dated 20th April, 2007) which was decided on 19th February, 2009. “In regard to the annual confi dential report of any offi cer, it is in our view that what is contained therein is undoubtedly ‘personal information’ about that employee. The ACRs are protected from disclosure because arguably such disclosure could seriously harm interpersonal relationship in a given organization. Further, the ACRs noting represent an interaction based on trust and confi dence between the offi cers involved in initiating, reviewing or accepting the ACRs. These offi cers could be seriously embarrassed and even compromise if their noting is made public. Thus, there are reasonable grounds to protect all such information through a proper classifi cation under the Offi cial Secrets Act. No public purpose is going to served by disclosing this information. On the contrary, it may lead to harming public interest in terms of compromising objectivity of assessment which is the core and the substance of the ACR which may result from the uneasiness of the reporting, reviewing and the accepting offi cers from the knowledge that their comment were no longer confi dential. The ACRs are used by the Public Authorities for promotions, placement and grading etc., of the offi cers, which are strictly housekeeping and man management functions of any organization. A certain amount of confi dentiality insulates these actions from competing pressures and thereby promotes objectivity. We, therefore, are of the view that apart from personal information, ACRs of offi cers and employees need not be disclosed because they do not contribute to any public interest. It is also possible that many offi cers may not like their assessment by superiors to go into the hands of all and sundry. If the report are good, these may attract envy and if these are bad, ridicule and derision. Either way it affect the employee as well as the organization he works for. On balance, therefore, confi dentiality of this information serves a larger purpose which far out – strips the arguments for its disclosure”. Further, she stated there is no adverse remark, presence of which mandates declaration of information as per Supreme Court Ruling .On the basis of the above, she submitted that her decision of rejection of the application may be upheld.

The DAA, Smti. L. Diengdoh, confi rmed that the Appellant had fi led an Appeal before her which was registered as case No. Appeal.1/2015/1.She clarifi ed that the appeal was rejected on the ground that there is no public interest in accordance with the OM of Ministry of Personnel, Public Grievance & Pensions, Delhi, No. 10/20/2006-IR dated 21st September, 2007(hereafter referred to as OM of 2007) and also clause (j) of Sub-Section 1 of Section 8 of RTI Act, 2005, since disclosure of which has no relationship or activity to public interest. She also stated that though the Appellant had mentioned the Supreme Court judgement in Dev Dutt-Vrs-Union of India, yet the OM no 21011/1/2005-Estt(A)(Pt-II) dated 14th May, 2009 (hereafter referred to as OM of 2009), clarifi ed that the new system of communicating the complete entries in the APARs shall only be made applicable “prospectively”, with effect from year 2008-2009 only , to be initiated after 1st April, 2009 and hence the decision of the Respondent PIO was upheld.

Issues, reasons and decision:(i) Whether there is any public interest involved if an offi cer asks for his own ACRs?

49

(ii) Whether the OM dated 14th May, 2009 on Ministry of Personnel, Public Grievance & Pensions, Delhi is absolute and should be made applicable in all such cases?

(iii) Whether the orders of the First Appellate Authority are in order?

The Respondent PIO had rejected the application of the Appellant by resorting to clause (j) of Sub-Section 1 of Section 8 of RTI Act, 2005, on the ground that the information sought related to his own personal information and disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of privacy of the individual unless the PIO or the Appellate Authority as the case may be, is satisfi ed that the larger public interest justifi es the disclosure of such information.

Annual confi dential Reports (ACRs) of government servants are written with a view to adjudge their performance every year in the areas of their work, conduct, character and capabilities. These assessments are done every year. The system of writing ACRs has two objectives mainly. First and foremost is to improve the performance of the subordinates in their present jobs. The second is to assess their potentialities and to prepare them for their job suitable to their personalities. The columns in the ACRs are therefore to be fi lled up by the Reporting, Reviewing and Accepting authorities in an objective and impartial manner. Taking this into consideration, the performance of the offi cer, for whom a huge amount is spent on training, maintenance, etc., at the public exchequer, is defi nitely of public interest. However, this was administratively barred by the wrong interpretation earlier by the OM issued by the Ministry of Personnel on 21st September, 2007, which also mentioned that the Offi cial Secret Act, 1923 is not completely superseded by the Right to Information Act. Though in the OM, discretion was given to the Public Authority to disclose to ACRs to an employee himself or to any other person, if the public authority is satisfi ed with that the public interest in disclosure outweigh the harm to protected interest. This interpretation of the provisions of the RTI Act 2005 by the Ministry of personnel has undergone great changes in the later years. In fact, it can be seen the earlier view/opinion of the Central Information Commission (CIC), as quoted by the PIO, as well as of the Courts, that the ACRs were protected from disclosure on the ground that this could seriously harm interpersonal relationship in a given organization, has undergone major changes during the recent years. This was fi nally settled in the Supreme Court Judgment in the Dev Dutt-vrs-Union of India, where it was decided that the ACRs of an employee should be disclosed to him, irrespective of whether there are adverse remarks or not, which has also refl ected on the various decisions of the Central Information Commission . This was followed by the OM of Ministry of Personnel dated 14th May, 2009, which is very clear on the subject of disclosure of ACRs/APARs of the employees. In this OM, the Ministry of Personnel had changed the nomenclature of the ACR and modifi ed them as Annual Performance Assessment Report (APAR). There is only change of nomenclature, the objectives and the contents remains more or less the same. Obviously with this, it implies that the instruction of 2007 has been modifi ed .The instruction in the OM of 2009, issued consequently on the Supreme Court Judgement on Dev Dutt case, and the relevant provisions of the RTI Act 2005 forms the basis for interpretation of any question regarding disclosure of ACRs/APARs. The question that arises now is if the ground of “public interest” as a plea for non-disclosure of ACRs stands withdrawn after the OM of 2009 or not, in view of the OM of 2007.Logically speaking if the ACRs/APARs of 2009 onwards could be given to an Offi cer, there could not be any bar for non-disclosure of ACRs of earlier years. The stand taken that there is public interest prior to 2009 and thereafter it

50

cease to exist (as implied from the OM)is not at all tenable. In view thereof, the plea taken by the PIO for non disclosure on grounds of Public interest is not at all tenable.

During the fi rst appeal, the FAA upheld the decision of the PIO on the ground that there is no Public Interest involved and has also placed heavy reliance on the word “prospectively” mentioned in the OM of 2009 and thereby rejected the Appeal. The issue of Public Interest was dealt in the earlier paragraphs and now we have to deal with the issue regarding the word “prospectively”. Decision of the Supreme Court is very clear and supersedes all instructions to the contrary in this regard. The decision of the Supreme Court in the judgement dated 12th May, 2008 in the case of Dev Dutt-Vrs-Union of India (Civil Appeal No.7631 of 2002) dated 12th May, 2008 appears to be very relevant in this case. Shri Dev Dutt was an Executive Engineer (EE) in the Border Engineering Service Group ‘A’ Rules. He was promoted as EE on 22nd February, 1988 and was eligible to be considered for promotion to the post of Superintendent Engineer (SE) on completion of 5 years in the grade of EE, which he completed on 21st February, 1993. Accordingly, his name was included in the list of candidates eligible for promotion. The Departmental Promotion committee (DPC) held its meeting on 16th December, 1994 that Shri Dev Dutt was not held eligible for promotion but his juniors were selected and promoted to the rank of SE. The reason for this was that the benchmark grade for the SE was “Very Good” for the last fi ve years before the DPC but Shri Dev Dutt had only “good” entry for the year 1993-94, due to which he was not considered for promotion. Even though ‘good’ entry for the year was not an adverse entry but the effect of this entry was that the promotion was denied to Shri Dev Dutt. It was in this context that the supreme Court in this decision held that its earlier decision in UP Jal Nigam Vs Prabhat Chandra AIR 1996 SC 1661 and the Union of India Vs SK Goel AIR 2007 SC 1199 cannot prevail over the seven Judges Bench decision of the Supreme Court in Maneka Gandhi Vs Union of India and Anr AIR 1978 SC 897, in which it was held that arbitrariness violates Art 14 of the Constitution. The Court further held that fairness and transparency in public administration requires that all entries whether poor, fair ,average, good or very good in the ACR whether in civil, judicial, police or any other State Service except military must be communicated to him within a reasonable period so that he can make a representation for its upgradation. The Apex Court held that in their opinion this is the correct legal position even though there may be no Rule/ GO requiring communication of the entry or even if there is a Rule GO prohibiting it, because the principle of non arbitrariness in State action as envisage by Article 14 will override all rule or government orders.

(extract of Para 13 of the orders)

“13. It has been held in Maneka Gandhi vs. Union of India & Anr.( AIR 1978 SC 597) that arbitrariness violates Article 14 of the Constitution. In our opinion, the non-communication of an entry in the A.C.R. of a public servant is arbitrary because it deprives the concerned employee from making a representation against it and praying for its up-gradation. In our opinion, every entry in the Annual Confi dential Report of every employee under the State, whether he is in civil, judicial, police or other service (except the military) must be communicated to him, so as to enable him to make a representation against it, because non-communication deprives the employee of the opportunity of making a representation against it, which may affect his chances of being promoted (or get some other benefi t).

51

Moreover, the object of writing the confi dential report and making entries in them is to give an opportunity to a public servant to improve his performance, vide State of U.P. vs. Yamuna Shankar Misra 1997 (4) SCC7. Hence such non-communication is, in our opinion, arbitrary and hence violative of Article 14 of the Constitution.”

14. In our opinion, every entry (and not merely a poor or adverse entry) relating to an employee under the State or an instrumentality of the State, whether in civil, judicial, police or other service (except the military) must be communicated to him, within a reasonable period, and it makes no difference whether there is a benchmark or not. Even if there is no benchmark, non-communication of an entry may adversely affect the employee’s chances of promotion (or getting some other benefi t), because when comparative merit is being considered for promotion (or some other benefi t) a person having a “good” or “average” or “fair” entry certainly has less chances of being selected than a person having a “very good” or “outstanding” entry.”

The Appellate Authority failed to appreciate this fact and insisted that the OM of the Ministry of Personnel dated 14th May, 2009 is supreme, which is not tenable. While the Ministry of Personnel has mentioned “prospectively” perhaps for logistical reason and has only mentioned this so that past cases need not be reopened, unless someone specifi cally ask for the same. A very clear principle has already been laid down by the Supreme Court and the Ministry of Personnel has followed it up by issuing of the OM in 2009.Therefore, if any offi cer himself is interested in obtaining the information of his own ACRs prior to 2009, it could no longer be denied to him. It would have even been more appropriate that the Ministry of Personnel (DOPT) examine this issue, and add another paragraph to the OM under reference, to clarify that while the OM issues guidelines how to disclose copies of the ACR/APAR from the cutoff date, any offi cer asking for his own ACR, specifi cally prior to the cutoff, date cannot be denied to him under the RTI Act, 2005.

The OM of 2009 clearly directed that the ACR/APAR including overall grading and assessment of integrity shall be communicated to the concerned offi cer after the report is completed with a remarks of a reviewing offi cer and accepting offi cer, wherever such system is in vogue. The RTI Act, 2005 is an Act to provide the citizen a right to information with a view to ensure transparency and accountability in the functioning of all the public authorities. Unless the information is exempted under the provisions of Section 8 of the Act, information has to be provided. In this particular case, the Appellant who is a public servant ,while exercising his right under RTI Act, has asked for his own ACRs to sort out the issue about his non- empanelment. There is no convincing reason that the information is protected from disclosure as indicated in the discussions above. Thus not providing him the information, as requested , is a denial of his rights and against the provision of the Act. In many precedent cases also, the ACRs of the offi cers were given. Decision of the CIC in N.Krishnamurthy Vs MTNL, Mumbai in CIC/AD/A/X/2009/000154, dated 24th March, 2009. Further, in the case of Dr. Ashok Khemka Vs the Department of Personnel, GOI in Appeal No.CIC/WB/A/2008/01565, dated 19th September, 2008, where Dr. Khemka applied for copies of his ACRs along with all entries for the year 2000-01, 2001-02, 2002-03, 2003-04, 2004-05, 2005-06, it was clearly stated by him before the Commission that the ACRs have been provided by the State Government to him in compliance of the Supreme Court Judgment in the Case of Dev Dutt Vs Union of India. Therefore, the plea that there is no public interest nor the case is covered under Offi cial Secret Act, 1923 is not acceptable as already been clarifi ed in the above judgment and in the OM of 2009.

52

For the reasons stated above, and in order to achieve the objectives of transparency and accountability as envisaged in the various provisions of the RTI Act 2005, it is hereby decided to set aside the orders of the DAA and admit the Appeal. The Commission hereby issues a direction that the complete information as sought by the Appellant, also in the instant case meaning certifi ed copies of the ACRs, shall be duly provided to him (free of cost) within 15 days from the date of receipt of this order.

A copy of this order to be sent to the Secretary, Ministry of Personnel ,Public Grievances and Pensions (DOPT) ,Government of India for necessary action.

(C.D.Kynjing) C.I.C

53



Saine Paul, Kalu Sarai, New Delhi - Appellant

-Vrs-

PIO & Special Superintendent of Police (CID), Meghalaya

PIO & AIGP (E), Police Headquarter, Shillong Respondents

PIO & Under Secretary, Home (Police) Deptt., Meghalaya

24-8-2015 O R D E RCase records put up today.

The appellant Saine Paul is absent. The Respondent PIO & AIGP (E) Shri O .K. Iangrai is present. The Respondent PIO & Under Secretary, Home (Police) Department, Smti. M.C. Nengnong is present. The Respondent PIO, & DSP CID, Shri Prem Sunder Paul Choudhury is absent, without any intimation. Seen the affi davit from the Respondent PIO, & DSP CID that whatever information furnished to the applicant vide letter No. M/CID/CELL-VI/G-4/PT-3/2008-14/507 dated 24th April, 2015, is correct and there is no other information available with the Public Authority. Since the PIO & DSP, (CID), Since Shri Prem Sunder Paul Choudhury has chosen to be absent from the hearing without any intimation, the case was decided exparte in his absence as there was already delay in this case. In pursuance with the earlier orders of the Commission, all the records and documents submitted by the concerned PIOs have been examined in detail and it was found that delays had occurred due to various factors. While some of the information is available with the PIO Home (Police), the application was transferred to the Police Headquarters .Even in the Police Headquarters; it appears that there is confusion as to who is the correct Public Authority to deal with the subject. This was clearly evident when the list of members and the proceedings of the Committee in question, available with the PIO & Under Secretary Home (Police) and Police HQ, the same was fi nally furnished by the PIO of CID later. It has also come to the notice of the Commission during the enquiry that the PIO, & DSP CID was advised to dispose of the application urgently since there is not much information available with the Public Authority. In spite of that he has delayed by seeking various approvals from the senior offi cers which has delayed matters. Hence, the main delay was by the PIO & DSP CID, who has created more confusion by obtaining approval from seniors, which never came till he proceeded on training on 6th April, 2015. The information was fi nally sent by the Appellate Authority of CID to the applicant.

Considering the circumstances of the case, the Commission deems it fi t that the PIO & Under Secretary, Home (Police) Department be cautioned that in future such lapses should not be repeated and the Commission will not hesitate to take necessary action if such lapses are repeated again. The Commission also is of the opinion that the PIO & AIGP (E) should have taken care in disposing the application in time to the proper Public Authority. There was delay by him while transferring for which the Commission also cautioned him that these mistakes should not be repeated in future. The Commission is convinced that the PIO & DSP, CID is the main cause of delay in this case and therefore

54

he should be penalized. The application was received by him on 5th February, 2015, and therefore the reply was to be furnished on 5th March, 2015. The information was fi nally furnished during his training in NEPA by another offi cer of the Public Authority. Be that as it may the fact remains that he has delayed in sending the information from 5th March, 2015 till 5th April, 2015(the day he proceeded on training) and therefore he is liable to pay a penalty as there is no reasonable cause for this delay. Under the powers conferred on the Commission under section 20 of the RTI Act 2005, a Penalty of ` 8,000/- (Rupees eight thousand) is imposed on him for his failure to furnish the information for 32 days @ ` 250/- per day with effect from 5th April, 2014, the date the information is due, to 5th April, 2014, the date he proceeded on training. He is required to deposit the above amount by Treasury Challan to the State Bank of India at Shillong under the Head of Account “0070-Other Administrative Services etc., 60-Other Services, 118-Receipt under the Right to Information Act, 2005 Volume – I under:- (02) Fees & Fines for the Penalty Amount Imposed by the Commission” within the period of 30 days from the date of this Order with intimation to this Commission.

Case disposed off.

Fix 24-9-2015 for compliance.

(C.D.Kynjing) C.I.C

55

MEGHALAYA STATE INFORMATION COMMISION, SHILLONG…

No.MIC/Appeal/11/2015/22Harpal Singh Rana, Delhi - Appellant

-vrs-

PIO & OSD, Chief Minister Secretariat, Meghalaya - Respondents

DAA & Principal Secretary, Chief Minister Secretariat, Meghalaya

07-9-2015 O R D E RCase records put up today.

The Complainant, Shri Harpal Singh Rana is absent. The Respondent PIO & Under Secretary, Chief Minister Secretariat, Meghalaya, Smti E. S. Nengminza is present. The Respondent PIO & Joint Secretary, Education Department, Meghalaya, Shri B.S.Sohliya and the Respondent PIO & Joint Director, Higher & Technical Education, (DHTE) Shillong, Shri O. Ropmay are present. The Assistant Director, Information & Public Relations,(DIPR) Meghalaya and the Hindi translator are also present.

The facts leading to this case is that, the Commission has received two appeal petition fi led together by Shri Harpal Singh Rana in Hindi. According to him, he had submitted an application under RTI Act, 2005 serial No. 15/1/297 sent to the PIO Chief Minister’s Secretariat on 23rd January, 2015 and no information has been furnished to him. Another application No.15/1/302 was sent on 23rd January, 2015 to the PIO Chief Minister Secretariat, Meghalaya and again in this case also no reply was furnished to him. He also stated that for both cases he had fi led the fi rst appeal, for which no response has been given by the public authority. Hence, the Appeal.

From the records produced before the Commission, it appears that the applicant has submitted a number of applications on the same subject with a request that the reply should be furnished in Hindi. The application as received are indicated below:

Date Application No.19.1.2015 15/1/25923.1.2015 15/1/29423.1.2015 15/1/29723.1.2015 15/1/302

The First appeals fi led by him are indicated below:

Date Appeal No.19.3.2015 15/3/40119.3.2015 15/3/40219.3.2015 15/3/40319.3.2015 15/3/405

From the translated versions in all these applications and appeals, it appears that mainly the applicant desires to obtain the latest information for the year 2015, regarding the

56

scholarships of the students in Universities and Colleges and Middle schools in Meghalaya and other details regarding the direct bank transfers, the scheme under which this scholarship is given. In all these applications, it would appear that the same wordings have been repeated.

During the earlier hearings of the case , it emerge that the PIO has sent the applications for translation to the DIPR and the translation took more than 2 months to be completed before it was returned to the PIO Chief Minister Secretariat. On receiving of the translated version, the matter was transferred to the PIO Education Department since it was not dealt by the public authority; which in turn transferred it to the PIO DHTE. There appears to be a delay and confusion in dealing with the case at every stage which prompt the Commission to pass the following orders on 10th August, 2015

“In order to be able to decide on this Appeal, these issues in addition to the delay in furnishing the information have to be clarifi ed before taking a decision in this case. In view thereof, it is hereby directed that -1. The Assistant Director, Information & Public Relations, Shillong should bring

evidence in support of the claim that the translated version were sent to PIO, C.M. Secretariat, on 20th March, 2015.

2. The Hindi Translator should bring the records of the daily receipts (number of the Hindi letter for translation received) and the daily translated version taken up per day and sent to concern Departments from 12th February, 2015 to 20th March, 2015 and produce before the Commission on the next date.

3. The Respondent PIO & Joint Director, Higher & Technical Education, Shillong be directed to show cause as to why he should not be penalized for delay in furnishing the reply and also in not sending the correct reply to the Appellant.”

With reference to the paragraph 1 of the above direction of the Commission dated 10th August, 2015, the Assistant Director, IPR, Shillong in his written submission stated that:

“On checking the fi le and notings in the note sheet to verify the date of issuing of the letter No.DAE.7/2014/131, it was found that the Hindi Translator returned the translation to the Dealing Assistant on 16th April, 2015. The Dealing Assistant put up the fi le on the same day and the fi le was approved on 17th April, 2015, as per record in the note sheet. (copy enclosed) at fl ag – B. The letter was sent to CM on 20th April, 2015, since 18th & 19th April, 2015 was Saturday and Sunday.

The mistake is due to oversight committed by the Dealing Assistant, instead of writing 20th April, 2015 she wrote 20th March, 2015. Realizing the mistake, she corrected by hand on the letter sent to CM Secretariat but she forgot to correct the offi ce copy. Copy of dak book enclosed at fl ag – C showing that the mistake corrected by hand. Therefore, the correct date for issuing of the letter was on 20th April, 2015 and not on 20th March, 2015 as pointed earlier.

The mistake is highly regretted”.

With reference to paragraph 2 of the direction, the Hindi translator has submitted a statement indicating that during the period from 12th February, 2015 to 20th April, 2015, 21 letters have been received for translation and it was seen that the time taken for translation varies from 3 days to 2 months. In her submission, she stated that she has to attend to many other works allotted to her by the Directorate of IPR, ranging from press coverage to coverage of the budget session, to production of the news letter “Meg News” and also

57

to attend P.R. coverage for one function on 23rd April, 2015, at Laitmawsiang village. She is the only Hindi translator in the offi ce. A number of translations are time bound and cumbersome besides the fact that she does not have her own computer and all papers had to hand written and kept on hold for typing. Due to the above reasons, she could not complete the translation work. It was only recently that she was provided a computer with a computer assistant.

With reference to paragraph 3 of the order, the Respondent PIO Education Department in his written submission has stated that the application under RTI Act, 2005 of Shri Harpal Singh Rana was received in his Department on 20th April, 2015 and was subsequently transferred to the PIO Higher & Technical Education under section 6(3) of the Act on 22nd April, 2015. Another application was also received on 21st April, 2015, which was transferred on 27th April, 2015, followed by another application received on 28th April, 2015, and subsequently transferred to the PIO Director Higher & Technical Education on 13th May, 2015. According to him, the PIO Higher & Technical Education have furnished reply to the applicant accordingly. The main delay was because of the fact that the application was received in Hindi and had to be translated fi rst before the reply could be furnished.

The Respondent PIO & Joint Director Higher & Technical Education in his submission stated that RTI application was received on 28th April, 2015 and the reply was furnished on 19th May, 2015. With regards to another application, information was sent to PIO Education Department, who had furnish the reply to the applicant on 4th June, 2015

After a number of hearings were conducted and after verifi cation of the records, as called for, to enable the Commission to come to a conclusion, the picture that emerged is detailed in the following paragraphs:-

The Commission noted that the original application was made in Hindi as well as the appeals fi led by him were made in Hindi. It is his right under the Act to submit an application in Hindi as provided under section 6(1), which provides that the requests should be in writing in English or Hindi or in any offi cial language of the area which application is being made. The offi cial language in the state of Meghalaya is English but there is no bar for him to fi le in Hindi, as prescribed under the Act. However, taking into consideration of the fact that most of the PIOs and offi cials in the state are not conversant with Hindi, the application shall fi rst have to be translated before it can be processed and this has taken time. Be that as it may, it is not practical for the reply to be sent in Hindi as the state offi cial language is English. The facts that emerged from the enquiry by the Commission refl ect a very poor image on the manner in which the application was processed. The Assistant Director DIPR did not even check the correct date before giving submission to the Commission. Earlier it was stated that letter was send on 20th March, 2015, which may amount to contempt. The Hindi translator took more than two months to translate a two-page application made in Hindi. The PIO DHTE appears to be confused, perhaps because of the number of application by the same applicant. The PIO Education Department also took time to send a correct reply. As mentioned though the number of applications were many but the content were the same and therefore it could have been done much earlier.

The plea by the Hindi translator that she was given additional work and hence it took time for her to translate the RTI application is not acceptable. The Government informed that action was taken to post a Hindi Translator, as recommended by this Commission, to ensure that translations are taken immediately. However, it is unfortunate to note that the Hindi translator failed to discharge the responsibility entrusted to her. From the documents

58

submitted, it appears that she was given Assembly duty for one day, she attended a function at Laitmawsiang for one day, the “Megnews” is publish only in English. Therefore, there is no justifi cation for so much delay in Translation of the RTI Application and hence her explanation is not acceptable.

The Respondent PIO Education Department has delayed in not sending his reply on the pretext that the information collected from the Respondent PIO Higher & Technical Education was not put up to him by the staff in the offi ce. It also reveals that the Respondent PIO Higher & Technical Education has not processed the application properly and was dealt it in a routinely manner, which refl ects poorly in the functioning of the Public Authority. In fact all the information as requested by the applicant should be available in the public domain as required under section 4 of the RTI Act, which was not done. Had this been done, all that the PIO needs to do is to inform the applicant and indicate a link in the website for which all these information are available.

The manner regarding the delay in translation is brought to the notice of the Nodal Department, i.e., the Personnel Department, to ensure that these kinds of delays do not occur in future as it defeats the purpose of the Act, by issuing of necessary instructions for the purpose. While it is not the mandate of the Commission to go into the day to day working of the Department, it is recommended that the Head of the Public Authority of DIPR should streamline the working of the offi ce and to ensure that the Hindi translator do not abdicate her main responsibility, on the plea that other works are allotted to her. Responsibility should be fi xed, if the Hindi translator takes more times than necessary to complete the RTI application translating work. She also should note that since her assistance had to be sought for translation, she would be considered as a deemed PIO under Section 5(5) of the RTI Act 2005 and consequences will follow, if there is any delay in future.

The Education Department in DHTE has already uploaded the information on Scholarship in its website “Megeducation.gov.in” up to 2013, but it appears that there is no information of recent years. The Commission, therefore, would like to bring to the notice of the head of the Public Authority of the Education Department to ensure that disclosure under section 4 of the RTI Act should be updated from time to time so that any citizen, who is interested could obtain the information without the need for requesting for information under the RTI Act. In case anyone request for the same also, the website address only could be given to reduce the workload of the Department.

Send a copy of this letter to the Principal Secretary, Personnel & A.R. Department and Principal Secretary, Education Department for information and necessary action.

The applicant has asked for the information for the year 2015.Since it appears to the Commission that the latest information has not been sent to the applicant, the Appeal is partly allowed. Therefore, the latest information on scholarships should be uploaded in the website and the appellant should be informed accordingly. This exercise should be completed in 3 weeks from the date of receipt of this order.

With this direction the case is disposed off.

Fix 5th October, 2015 for compliance.

(C.D.Kynjing) C.I.C

59

MEGHALAYA INFORMATION COMMISSION, SHILLONG

…

No.MIC/Complaint/31/2015/8,&

No. MIC/Complaint/26/2015

Shri Golden Katrai, JRTS Mawklot, Shillong - Complainant

- Vrs -

Administrative Offi cer, H.G. Robert Hospital, Jaiaw, Shillong - Respondent

Date of Hearing15-9-2015

Date of Order28-9-2015

The Complainant, Shri Golden Katrai is present on the date of hearing. He submitted that Smti. Angela Rangad be allowed to assist him during the hearing. Dr. David Tariang, Medical Superintendent, Dr. H.Gordon Robert Hospital, Shillong and the Administrative Offi cer (AO), Dr. H. Gordon Robert Hospital, Shillong, Shri K.T. Rynjah appeared on behalf of Dr H. Gordon Robert Hospital, Shillong. Since there is no objection, the prayer of the Complainant was allowed.

Briefl y the facts of the case are that, Shri Golden Katrai, the Complainant, fi led RTI applications before the Administrative Offi cer (A.O) of the Dr. H.Gordon Robert Hospital, Shillong (hereafter Hospital), requesting for some information from the Dr. H. Gordon Robert Hospital on 6th May, 2015 & 1st June, 2015 under the RTI Act 2005. His applications were rejected by the A. O., Shri K. T. Rynjah, of the Hospital, on the ground that the Hospital is a private voluntary organization, run and managed by the Church, and hence does not fall under the category of public authority, as defi ned under section 2(h) of the RTI Act 2005.

Not satisfi ed with the reply the Complainant fi led a complaint before the Commission on 25th May, 2015. The complaint was registered in the Commission as case No.MIC/Complaint/26/2015/8. The complainant fi led another complaint, in connection with the second RTI Application, before the Commission on 19th June, 2015. This complaint was registered as complaint No.MIC/Complaint/31/2015.

Since the Complainant insisted that the Hospital is a public authority, he was asked to submit evidence as on what basis the Hospital could be categorized as a public authority, since the Hospital is run and managed by the Khasi Jaintia Presbyterian Assembly. In this connection, he submitted some documents in support of his claim.

According to him, the Hospital should be considered as a public authority on the ground that:

1. Since it undertakes public function of health care and it is in the public interest it should be covered under RTI Act.

2. The Hospital is registered under the Societies Act and comes under the supervision

60

and authority of the Government.

3. The Hospital received funds and support from the government in the form of Meghalaya Health Insurance Scheme (MHIS)/RSBY), Meghalaya Aids Control Society and North Eastern Council.

Thereafter, vide orders of this Commission dated 30th July, 2015, the A.O. of the Hospital was asked to show cause as to why the Hospital should not be considered as public authority under the Act on the grounds as pointed out by the complainant and was also ask to submit the annual accounts of the Hospital for the last fi ve years till 2015.

Since these two complaints related to the same subject matter regarding the same issue, i.e., whether the Hospital should be considered as a public authority under RTI Act or not, it was decided that these two cases be heard together.

During the hearing, on behalf of the Complainant it was submitted that the Hospital while carrying out public functions to cater to the health needs of people from all over, is undertaking the responsibility and the service rendered is a public function and therefore it is in the public interest that whatever activities undertaken by the Hospital should be transparent and covered by the RTI Act and for that purpose it should be considered as a public authority. Further, the Hospital is registered under the Meghalaya Societies Act. Therefore, it is bound by the Act, Rules and Regulations of the Health Department and carries on duties under its supervision and therefore information with regards to Society cannot be withheld. Reliance was also placed in the decision of the Delhi High Court in the Mother Diary Fruit Vegetable Private Ltd – versus - Hatim Ali in the WA 3110 dated 2nd May, 2015, where it was claimed that the information which the Society is bound to furnish to the Registrar of Societies, cannot be denied. It was also alleged that the Hospital received aid from Foreign Government, which has to obtain a clearance from the Government of India and therefore all information should be revealed because the funds are indirectly coming through and with approval from Government of India.

On behalf of the Hospital authorities, the A.O. submitted a written submission that the Hospital was established in the year 1922 for providing health care to all, as a non-profi t Christian voluntary organization. It was registered under the Meghalaya Registration Societies (Act 1983) as the Dr. H. Gordon Robert Association Hospital and belongs to the Khasi Jaintia Presbyterian Assembly. This organization was managed through a Managing Committee of which the Director of Health Services is only a member and the Government has no control, whatsoever, over the day to day functioning of the Society. Simply because the Hospital is performing public functions in the fi eld of health care in the public interest, it cannot be deemed that it comes under the purview of the RTI Act, 2005 unless it satisfy the condition as laid down in section 2(h) (d) (ii). Though the Hospital has received very minimal funds from the Government of Meghalaya, through MLA and MP Scheme and some amount from the North Eastern Council, these amounts are not substantial, which would attract the provision of section 2(h). It was also submitted that the MHIS/RSBY Scheme are not fi nancial assistance at all. The Hospital is empanelled as one of the institution to render health services under the scheme for the convenience of the patients.In this scheme the amount was initially incurred by the Hospital and subsequently reimbursed by the Government. The Meghalaya Aids Control Society is simply a body constitute so as to conform to the prescribed protocol as far as Blood Bank is concerned, which have to be strictly followed by the Hospital. Only certain minor medical instruments were received

61

from the society in this regard. The allegation that Hospital has received huge funds under the NEC is not correct as the same is still under process. Reliance was placed on the Supreme Court decision in 2013 (2) Scale 527 (Thelapalam Service Co-operative Bank Ltd. Ors-versus State of Kerala and ors). The audited accounts for fi ve years by a qualifi ed Chartered Accountant was submitted to the Commission, in support of the claim that there was no substantial assistance from the appropriate government under which the Hospital can be classifi ed/considered as a public authority under section 2(h)(d)(ii) of the RTI Act, 2005.

The issue before the Commission is to consider whether the Hospital fall under the category of public authority as defi ned under the section 2(h) of the RTI Act, 2005 on the basis of the above arguments or not.

The main objective of the Hospital is to make available and extend health facilities to the public, who are in need of treatment, irrespective of caste or creed or belief. The Hospital has been registered as nonprofi t Christian voluntary organization as a Society under the Meghalaya Society Registration Act XII of 1983 and the overall management and administration of the Hospital vests in the Khasi Jaintia Presbyterian Assembly. All the powers, including that of appointment of Doctors, Nurses and other staff of the Hospital and their service conditions are under the control of the Managing Committee. An analysis of the annual accounts of the Hospital during the last fi ve years would indicate that the income of the Hospital comes mainly from the in-patient and the out-patient treatment, which constitutes, on an average, of about 90% of the total income of the Hospital. During the year 2011, out of the total income of the Hospital of ` 15.24 crores, the grant received from the Government is ̀ 3,30,000/- and from the North Eastern Council fund ̀ 1,83,694/-. During the year ending March 31st 2012, out of the total income of ` 19.11 crores, the amount of Government grant received was ` 19,05,135/- only. During the year ending March 31st 2013 out of the total income of ` 26.35 crores, an amount of ` 1, 25,000/- only was received from the MLA scheme. No amount was received from any Government sources during the period ending March 31st 2014 and 2015. There is no indication of any fund received from foreign donor as alleged by the Complainant during these fi ve years.

The Complainant in his submission has alleged that the Hospital has received grant from the Government with respect to MHIS/RBSY. These schemes were introduced by the Government with the intention of providing Health treatment facilities to residents of Meghalaya, registered under the scheme. The main intention /idea was to obtain medical treatment in any of the Hospitals/institutions empanelled by the Government, to facilitate easier and quick services for the benefi t of the patient. It is up to the patient to attend any of the empanelled institution of his choice, where the treatment will be given to him and expenditure incurred according to the guidelines will be initially borne by that institution, which will be subsequently reimbursed by the Government directly to the Institution. Thus in this case, whatever the amount of reimbursement made to the different institutions, as submitted by the complainant, is not a grant to that institution but it is only reimbursement of the expenditure incurred in the treatment of the benefi ciary initially, which is subsequently reimbursed by the Government.

Similarly with respect to Meghalaya Aids Control Society, it is only a project of the Government in collaboration with the Hospital to achieve the overall objective of proper screening of blood etc. and therefore it cannot be considered as a Government grant to the Hospital.

62

On behalf of the Complainant, the decision in the case of Mother Diary Fruit Vegetable Ltd. (MDFVPL) – versus - Hatim Ali and ors in the High Court of Delhi WP(C)3110/2011-CM6577/2011 was relied upon. The issue in this case was whether the MDFVPL is a public authority or not. The issue was initially raised before the Central Information Commission, where it was decided that the MDFVPL is a public authority because it is a subsidiary of National Diary Development Board (NDDB), which is a body corporate constituted by the Parliament under the National Diary Development Board Act 1987 and is therefore a statutory body. MDFVPL was found to be a fully owned subsidiary of the NDDB and it exercised a control in the matters functioning of MDFVPL. Though it is not directly controlled by the Central Government but it is indirectly controlled by the NDDB and, therefore, it cannot be said to be without any control from the appropriate government in terms of section 2 (h). It was against these orders of the Central Information Commission that the MDFVPL challenged before the High Court of Delhi. The High Court in this case upheld the decision of the Central Information Commission that the MDFVPL is a public authority under the Act. The case of the Hospital is altogether different as there is no control over its functioning directly or indirectly and it basically self supporting, as indicated in the preceding paragraphs.

The complainant also raised the issue that the Hospital is carrying out critical public function and in the public interest the information should be disclosed. In this connection it is pertinent to note that the Parliament in its wisdom has clearly defi ned what a “public authority” is. Nowhere was it mentioned in section 2(h) that just because an institution carries a public function it should be regarded as a public authority. Section 8(j) speaks about disclosing of information in the larger public interest if it justifi es the disclosure of such information. However, this provision will be attracted only when the Hospital is considered as a public authority. If is it not considered as a public authority, then the question of invoking this provision does not arise.

Although the Complainant raised the issue that even if the Hospital is not a public authority but the information which is available with the Registrar of Societies should be made available to them and therefore the information as requested by them should be provided because the Hospital is carrying out public function and in the public interest as defi ned under section 8 information should be disclosed to them. The Hospital was registered as Society and every year it is expected to submit details about the balance sheet and also the members of the Managing Committee and also the Annual Administrative Report and these records and documents may be available with the Registrar of Societies. The Supreme Court examined the issue ‘whether a co-operative society registered under the Kerala Co-operative Societies Act, 1969 will fall within the defi nition of “public authority” under Section 2(h) of the Right to Information Act, 2005 and be bound by the obligations to provide information sought for by a citizen under the RTI Act in the case of ‘Thelapalam Service Co-operative Bank Ltd. & Ors – versus - State of Kerala & ors in Civil Appeal NO. 9017 OF 2013 (Arising out of SLP (C) No.24290 of 2012)’ has come to the conclusion as in its judgement extracted below;

“52. Registrar of Cooperative Societies functioning under the Cooperative Societies Act is a public authority within the meaning of Section 2(h) of the Act. As a public authority, Registrar of Co-operative Societies has been conferred with lot of statutory powers under the respective Act under which he is functioning. He is also duty bound to comply with the obligations under the RTI Act and furnish information to a citizen under the RTI Act. Information which he is expected to

63

provide is the information enumerated in Section 2(f) of the RTI Act subject to the limitations provided under Section 8 of the Act. Registrar can also, to the extent law permits, gather information from a Society, on which he has supervisory or administrative control under the Cooperative Societies Act. Consequently, apart from the information as is available to him, under Section 2(f), he can also gather those information from the Society, to the extent permitted by law. Registrar is also not obliged to disclose those information if those information fall under Section 8(1)(j) of the Act. No provision has been brought to our knowledge indicating that, Page 55 under the Cooperative Societies Act, a Registrar can call for the details of the bank accounts maintained by the citizens or members in a cooperative bank. Only those information which a Registrar of Cooperative Societies can have access under the Cooperative Societies Act from a Society could be said to be the information which is “held” or “under the control of public authority”. Even those information, Registrar, as already indicated, is not legally obliged to provide if those information falls under the exempted category mentioned in Section 8(j) of the Act. Apart from the Registrar of Co-operative Societies, there may be other public authorities who can access information from a Cooperative Bank of a private account maintained by a member of Society under law, in the event of which, in a given situation, the society will have to part with that information. But the demand should have statutory backing.

53. Consequently, an information which has been sought for relates to personal information, the disclosure of which has no relationship to any public activity or interest or which Page 56 56 would cause unwarranted invasion of the privacy of the individual, the Registrar of Cooperative Societies, even if he has got that information, is not bound to furnish the same to an applicant, unless he is satisfi ed that the larger public interest justifi es the disclosure of such information, that too, for reasons to be recorded in writing.”

The wording of section 2(h)(d)(ii) is “Non Government Organization substantially, fi nanced directly or indirectly by funds provided by the appropriate government”. The term substantially fi nanced is not defi ned in the RTI Act. When the term is not defi ned in the Act, the normal rule is to fi nd the defi nition of the term in relatable status or legislation and apply the same. In this connection, the Central Information Commission, in its decision of the case Sh. Veeresh Malik, New Delhi – versus - Indian Olympic Association (decision No. 163/ICPB/2006. F.No.PBA.06/158 dated 28th August, 2006), the Commission has referred to section 14(1) of the CAG Act 1971.According to this section, when the loan or grant by the government to anybody/authority is not less than 25 lakhs and the amount of such loan or grant is not less than 75% of the total expenditure of that body/authority, then such body/authority shall be deemed to be substantially fi nanced by such grant/loan. This issue has been put at rest by the decision of the Supreme Court in the Thelapalam case where it is clearly observed as under:-

37 “The word ‘substantially’ has been defi ned to mean ‘in substance; as a substantially thing or being; essentially, intrinsically.’ Therefore the word ‘substantial’ is not synonymous with ‘dominant’ or ‘majority’. It is closer to ‘material’ or ‘important’ or ‘of considerable value.’ ‘Substantially’ is closer to ‘essentially’. Both words can signify varying degrees depending on the context.

64

38. Merely providing subsidiaries, grants, exemptions, privileges etc., as such, cannot be said to be providing funding to a substantial extent, unless the record shows that the funding was so substantial to the body which practically runs by such funding and but for such funding, it would struggle to exist.”

An analysis of the annual accounts of the Hospital, as indicated in the preceding paragraphs, would indicate that the amount received by the Hospital in the form of grant/subsidy is so negligible, in comparison with the annual income received by it from its own sources. The Hospital would have carried on irrespective of whether there is such funding or not. In terms of the judgement as quoted above, the Commission do not hesitate to come to the conclusion that there is no substantial funding to the Hospital, where it could be categorized as a public authority as defi ned under section 2(h)(d) (ii) of the RTI Act.

For the reasons stated above the Commission found that there is no merit in the complaints and, therefore, the complaints are rejected.

Case disposed off.

(C.D.Kynjing) C.I.C

65

MEGHALAYA STATE INFORMATION COMMISION, SHILLONG…


Shri Disparsing Rani, 3rd Mile Upper Shillong, East Khasi Hills - Complainant

-vrs-

PIO offi ce of the Superintendent of Police, East Khasi Hills - Respondent

Date of Hearing21-9-2015

Date of Order1-10-2015

The Complainant, Shri Disparsing Rani is present. The Respondent PIO, Shri K. Prasad & Dy.S.P., Head Quarter is present. The deemed PIO, Shri Simseng A. Sangma, Inspector in-charge Special Cell and Police Control Room is also present.

Briefl y the fact of the case is that, the Complainant, Shri Disparsing Rani has applied for information to the PIO offi ce of the Superintendent of Police, East Khasi Hills District on 7th April, 2015, regarding the 28 CCTV Cameras fi tted in various locations in Shillong City. He did not receive the information and therefore he fi led a complaint before the Commission on 30th June, 2015. the information was sent to the Complainant on 7th July, 2015, free of cost from the Respondent PIO.

The Respondent PIO in his submission stated that immediately on receipt of the application, the information was sought from the Inspector in-charge Special Cell and Inspector in-charge Police Control Room on 8th April, 2015. He did not receive any information from the Offi cer and on 24th April, 2015; he again sent a reminder asking the Offi cer to submit the information. Finally, the information was received on 5th July, 2015 and thereafter it was given to the Complainant free of cost.

The Commission took note of the above submission and after verifi cation of the records and has treated the Inspector, Shri Simseng A. Sangma, in-charge Special Cell as the deemed PIO under section 5(5) of the RTI Act, 2005 and notice was issued to him to show cause as to why penalty should not be imposed on him for the delay in providing the information for the Respondent PIO.

The deemed PIO in his submission did not deny the fact that information was sought from him by the PIO. However he stated that he was busy with law and order problem and he was also attached temporarily to assist in investigation of Nongpoh PS. C/No.28(1)2015 u/s 302 IPC to assist the Special Investigation Team, headed by the SP City Shillong vide an order dated 16th April, 2015 and through oversight the reply could not be sent in time. He claimed that he was also involved in the analysis of the details of the activities of the militants in Garo Hills and therefore there was a delay in sending the information to the Respondent PIO.

The Respondent PIO in his submission stated that the Public Authority was very systematic in sending reply to all RTI application received in the offi ce and in all 76 cases received up till now there has been no delay in sending the reply. Unfortunately in this case because of the circumstances as indicated above the reply could not be furnished in time.

66

The Complainant in his submission has confi rmed the statement that information was received by him on 7th July, 2015 and left to the Commission to decide on any action to be taken on this complaint.

The Commission took note of the submission made by the Respondent PIO and also the deemed PIO in connection with this case. It would appear that only after the Commission has taken note of this complaint that the information was sent to the complainant. While the Commission appreciates the fact that the Police have to perform multifarious duties in connection with the maintenance of law and order, investigation of cases etc, it also recognizes the fact that any RTI application cannot be ignored totally. According to the provision of section 7(1), information has to be provided within 30 days of receipt of the application by the PIO. A delay of one or two days could have been understood, in view of the nature of duties they have to perform. However, there is no justifi cation for such long delay. Information in this case is not complicated and whatever information available, the only thing what one has to do is to make copies of this information and then furnish it to the applicant. If information is not available, the complainant could have been informed that such information are not available. This action was not taken.It is not acceptable to the Commission that the information was delayed because of the fact that the deemed PIO was engaged in some other works. If the deemed PIO is still attached to the post then he cannot abdicate his normal duties. There was no reason for him not to take action when the PIO has sent a reminder to him on 24th April, 2015 to send that information required for the RTI application. The respondent PIO also could have pursue the matter further, after that, to ensure that the deemed PIO, who is his junior offi cer, provide the information required. While the Commission restraints itself from taking action against the PIO in this case, he is cautioned that in future the Commission will not hesitate to take necessary action against the respondent PIO also, if such case is reported.

Under the circumstances, the Commission is of the opinion that there is no reasonable cause for the delay by the deemed PIO, Shri Simseng A.Sangma. He has therefore defaulted in providing the information to the Respondent PIO, which consequently caused a delay in this case. Since there is no reasonable cause for the delay by 53 days as stated above, the Commission is of the view that the deemed PIO, is liable to be penalized under section 20 of the RTI Act, 2005.

Under the powers conferred on the Commission under section 20 of the RTI Act 2005, a Penalty of `13,250/- (Rupees thirteen thousand two hundred & fi fty) for his failure to provide the information for 53 days @ 250/- per day with effect from 8th May, 2015 the date the information is due, to 30th June, 2015, the date of the receipt of the complaint by the Commission. He is required to deposit the above amount by Treasury Challan to the State Bank of India at Shillong under the Head of Account “0070-Other Administrative Services etc., 60-Other Services, 118-Receipt under the Right to Information Act, 2005 Volume – I under:- (02) Fees & Fines for the Penalty Amount Imposed by the Commission” within the period of 30 days from the date of this Order with intimation to this Commission.

Fix 9th November, 2015 for compliance.

(C.D.Kynjing) C.I.C

67



Shri Indrajit Chakma, District Gaya, Bihar - Appellant

-Vrs-

PIO & Jt. Secretary, Judicial Administration, Law (B) Department PIO o/o D.C. Ri Bhoi District, Nongpoh Respondents

2-11-2015 O R D E R


The Complainant is absent. The Respondent PIO & ADC Ri Bhoi, Nongpoh, Smti. D. Phawa along with Head Assistant of D. C. offi ce Ri Bhoi District, Nongpoh, Smti. Y. Lapang are also present.

In her submission the Respondent PIO & ADC Ri Bhoi, Nongpoh, Smti D. Phawa stated that it is true that the application for RTI of Indrajit Chakma was received, on transfer, from the PIO & Joint Secretary, Judicial Administration Law Department on 19th December, 2014. However, as she was busy with many works of the offi ce, being in-charge of the whole offi ce during these days, the application was marked to the offi ce for taking necessary action. Unfortunately, the offi ce also did not put up the case to her and no action was taken till the Commission had issued Order dated 24th August, 2015. She apologized to the Commission and assured that steps have been taken to rectify this systematic failure and assured that such thing will never happen in future again. The Head Assistant, Smti. Y. Lapang in her submission stated that, on receipt of the RTI application, it was sent to the Confi dential Branch. It took a longtime for them to return back stating that the information is not available with them. Thereafter, it was sent to Judicial Branch, which again took a longtime and the matter was over looked till the receipt of the orders of the Commission.

The Commission regretted to note that the provisions of the RTI Act, 2005 was not taken seriously by the offi ce including the PIO. It is very unfortunate that the matter could be sorted out only after the Commission had taken due notice of it. Under the circumstances, the Commission deemed it fi t that the Respondent PIO & ADC Ri Bhoi Nongpoh, Smti. D.Phawa should conduct an inquiry and fi nd out as who are the persons responsible for the delay and responsibility should be fi xed and action should be taken against them according to the General Offi ce Procedure. A report should be submitted to the Commission along with the action taken report on the persons responsible for this delay within 45 days.

Fix 17th December, 2015 for submission of the Report.

(C.D.Kynjing) C.I.C

68


Case. No. MIC/Appeal/18/2015/19

Shri I. Jyrwa, Madanryting, Block F, Shillong - Appellant

-Vrs-

1. PIO & Deputy Secretary, Labour Deptt., Govt. of Meghalaya 2. FAA & Secretary Labour Deptt., Govt. of Meghalaya - Respondents

O R D E R24-11-2015


The Appellant, Shri I. Jyrwa is present. The Respondent PIO & Deputy Secretary, Labour Department, Govt. of Meghalaya, Smti N. R. Marak, and the First Appellate Authority (FAA) & Secretary, Labour Department, Govt. of Meghalaya, Shri A. Mawlong, are also present.

Briefl y the fact of the case is that, the Appellant, Shri I.Jyrwa vide his application dated 18th August, 2014, had requested for a copy of his Service Book, which was returned by the Accountant Genral (A&E), Meghalaya to the Labour Department, vide letter No. MG-2/L&E/953-54 dated 13th March, 1987 through Registered Post. The Respondent PIO & Deputy Secretary, Labour Department, Government of Meghalaya, Smti. N. R. Marak, vide letter No.LBG.72/2015/3 dated 14th September, 2015, informed the applicant that information is being collected from the concerned offi ce. The Appellant did not received the information even after a period of 30 days and therefore, he fi led an Appeal before the FAA & Secretary, Labour Department, Govt. of Meghalaya, stating that he did not receive the information that he sought for within 30 days as prescribed under Section 7(1) of the RTI Act, 2005. The FAA vide order No. LBG.72/2015/34 dated 7th October, 2015, disposed of the Appeal, with a direction that the Respondent PIO & Deputy Secretary, Labour Department, should furnish a copy of the Service Card in respect of Shri I. Jyrwa maintained by the offi ce of the Accountant General, A&E, Meghalaya along with a copy of letter No. MG-I/PC/IJ/MCS/2015/2233 dated 14th September, 2015, with reference to his Appeal. Thereafter, in compliance with the orders she sent a letter vide No. LBG.72/2015/35 dated 7th October, 2015, with a copy of the Service Card for the period 11th April, 1985, from the date of joining as Assistant Employment Offi cer, till 19th October, 2012, the date of joining as Joint Secretary, Government of Meghalaya, Home (CD) Department. Not satisfi ed with the orders of the First Appellate Authority, the Appellant fi led this second Appeal before this Commission.

In his submission today, the Appellant stated that it is very unfortunate that the matter has been delayed. Instead of furnishing of Service Book, the Service Card was furnished to him. He stated that the existing practice is that while a Service Book is to be maintained for the Non-Gazetted staff, a Service Card is to be maintained for the Gazetted offi cer in the Government. He informed that he joined service in the Directorate of Food & Civil Supplies, & Consumer Affairs as a non-Gazetted Government Servant and, therefore, Service Book was maintained from that period onwards till he became a Gazetted offi cer.

69

Further, that he was not informed about the hearing conducted by the First Appellate Authority ( FAA) on 7th October, 2015, and was not given an opportunity to explain the case and therefore the FAA instead of directing the Respondent PIO to furnished the Service Book, she was directed to furnish the Service Card. The Respondent PIO in her submission stated that it is a fact that an application was received from the Appellant. Immediately, attempts were made to locate the letter and the Service Book of the Appellant. Unfortunately, the papers could not be found in the Department. Under the circumstances, she had informed the Appellant that the information is being collected. She stated that she had taken up the matter with the Director of Employment & Craftsmen & Training and also with the Accountant General offi ce, but to no avail. According to her, it would appear that the fi le is missing from the Department and could no longer be traced and, therefore, orders were obtained for reconstruction of the Service Book. In this connection, some progress have been made and only the portion relating to the SAD (E), where the Appellant last served as LDA SAD (E), before joining as Assistant Employment Offi cer is yet to be completed. She assured that the matter is being pursued and shortly the information as required by the Appellant could be given to him.

The FAA & Secretary, Labour Department, Shri A.Mawlong, in his submission stated that through oversight the Appellant was not informed about the date of hearing. However, orders have been issued to the Respondent PIO to furnish information to the Appellant immediately.

The Commission perused the documents and records submitted before it and is of the view that the Respondent PIO should have informed the Appellant immediately after receiving of his application and after trying to locate the document, that the records are not available in the Department. If the fi le has been lost, then she should have taken steps to fi le an FIR before the Police as no records could be missing from the Department. It is unfortunate that this document could not be traced as the system of the Government, is well laid down for tracing the incoming and out-going of fi les and letters in the Department. Be that as it may, in order to meet the requirement of the provisions of the RTI Act, 2005, the Respondent PIO is directed to submit an affi davit before the Commission to the effect that such documents and records are not available in the Department. Further, since she assured the Appellant that the records are being prepared, she should take steps to follow up that matter of reconstruction and the same should be furnished to the Appellant within 45 days from the date of this order. Fix 15th January, 2016 for compliance.

(C.D.Kynjing) C.I.C

70


Case. No. MIC/Appeal/17/2015/27

Shri Phamles Syiemlieh, South West Khasi Hills - Appellant

-Vrs-

1. PIO, Maharam Syiemship, South West Khasi Hills 2. FAA, Khasi Hills Autonomous District Council, Shillong - Respondents

24-11-2015 O R D E R


The Complainant, Shri Phamles Syiemlieh is absent. The then Respondent PIO, Shri Blossdingwell Wanniang is present.

Briefl y, the fact of the case is that, Shri Phamles Syiemlieh had submitted an application under RTI to the PIO of the Maharam Syiemship on 23rd February, 2015. He did not received any information. Thereafter, he fi led an Appeal before the First Appellate Authority (FAA) & Joint Secretary, Khasi Hills Autonomous District Council (KHADC), Shillong. The FAA & Joint Secretary, KHADC after due hearing passed an order on 4th June, 2015, that the Respondent PIO, Shri Blossdingwell Wanniang, should furnish the information within 15 days of the receipt of the order. The Respondent PIO instead of furnishing the information issued a letter vide No. MS/RTI/15/522 dated 13th June, 2015, asking the applicant to deposit an amount of ` 18,000/- for collection of the information as requested by him, being the cost of collection of the information. The matter was again brought to the notice of the FAA & Joint Secretary, KHADC, who vide an order dated 30th June, 2015, directed the PIO Maharam Syiemship to furnish the requisite information free of cost within 7 days of the receipt of the order. Thereafter, the FAA & Joint Secretary received a letter from Shri Blossdingwell Wanniang, PIO Maharam Syiemship that he had resigned from the post of PIO with effect from 4th July, 2015. This was confi rmed by a letter from the syiem of Hima Maharam, dated 13th July, 2015, which was an intimation to the FAA stating that due to the bereavement of a member of the family, the information could not be furnished and appointing a new PIO is in process and the information shall be supplied immediately on appointment of the new PIO. Left with no other option, Shri Phamles Syiemlieh, the applicant, submitted a complaint before this Commission. Under the circumstances the Commission accept the petition and issued a show cause to the then PIO, Shri Blossdingwell Wanniang, asking him to show cause as to why action should not be taken against him for willful violation of the provisions of the RTI Act 2005, on 2nd November, 2015.

The then Respondent PIO, Shri Blossdingwell Wanniang in his submission today stated that though it was a fact that he was appointed as PIO of the Maharam Syiemship, he did not know what his duties and responsibilities are. He further informed that he was persuaded by the Syiem to accept the appointment and, therefore, he had accepted the responsibilities. Under the circumstances, he pleaded that he may be exonerated of the charges of any action under the provisions of the RTI Act, 2005.

The Commission perused the records and documents and is not convinced with his arguments that he did not understand the responsibility as a PIO. This was implied from

71

the fact that after the direction of the FAA on 4th June, 2015, instead of complying with the orders, he issued a letter to the applicant on 13th June, 2015, asking him to deposit an amount of ` 18,000/-, which shows that he is aware that the information is available and would have been given to the applicant had he deposited an amount of ` 18,000/-. In fact the provisions of the RTI Act, 2005, and the Meghalaya Right to Information (Regulation of Fee and Cost) Rules, 2005, clearly provide that duties and responsibilities of the PIO is just to fi nd out the information and the cost of photo-copying etc. is to be borne by the applicant. In view thereof, the Commission found that the then Respondent PIO, Shri Blossdingwell Wanniang of the Maharam Syiemship has willfully violated the provisions of the RTI Act, 2005, by not furnishing whatever information available with the Syiemship to the applicant for more than 100 days and he is therefore liable to be penalized. Under the powers conferred on the Commission under section 20 of the RTI Act 2005, a Penalty of ` 25,000/- (Rupees twenty fi ve thousand) for his failure to furnish the information for more than 100 days @ ` 250/- per day with effect from 23rd March, 2015 the date the information is due, to 15th September, 2015, the date of complaint. He is required to deposit the above amount by Treasury Challan to the State Bank of India at Mawkyrwat under the Head of Account “0070-Other Administrative Services etc., 60-Other Services, 118-Receipt under the Right to Information Act, 2005 Volume – I under:- (02) Fees & Fines for the Penalty Amount Imposed by the Commission” within the period of 30 days from the date of this Order, with intimation to this Commission.

The Syiem of Hima Maharam is also directed to appoint a PIO immediately, if not already done, and steps should be taken to furnish whatever information available to the applicant free of cost within 45 days of the date of issue of this order.

Fix 15th January, 2016 for compliance.

(C. D. Kynjing) C.I.C

72

Chapter - 7

Implementation of the Right to Information Act, 2005 in Meghalaya during 2015

7.1 The Right to Information Act, 2005, requires all the Government Departments to c o l l e c t the relevant information from all the public authorities under their control and to furnish the same to the State Information Commission for preparation of the Annual Report for the year. The data contained in the Tables are compiled from the reports provided by the public authorities of the Government Departments. The data indicated in the Tables may not refl ect the complete picture, due to the fact that some Departments did not submit the relevant information called for by the Commission. The list of defaulters is given in Table 7.6.1.

According to Section 25 (2) of the R.T.I. Act 2005, each Ministry or Department shall in relation to the public authorities within their Jurisdiction collect and provide such information to the Central Information or State Information Commission as the case may be, as is required to prepare the report under the section and comply with the requirements concerning the furnishing of that information and keeping of records for the purpose of this Section.

The Commission observes that inspite of the above legal provisions there were many Government Departments who are still hesitant to comply with the direction of the Commission.

7.2 Disposal of Information requests by the Public Information Offi cers

Section 25 (3) (a)

During the year 2015 a total number of 2653 requests were received by the Public Information Offi cers of those public authorities who have so far furnished their reports. The number of requests carried over from the previous year were 10, hence the total number of requests available with the PIOs for disposal were 2663. Out of these, 2601 requests were disposed off by the PIOs during the year which is about 90%. The remaining requests were carried over to the next year for disposal. The total number of requests rejected and deemed to have refused by the PIOs were 75 which is approximately about 3% from the total number of requests received by the PIOs.

7.2.1 Disposal of Information Requests by Public Information Offi cers/Public AuthoritiesReporting Year: 2015

Sl. No

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% o

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Den

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1 2 3 4 5 6 7 8 91 Agriculture

Sectt.Deptt.Dte.of Agri. Nil 6 6 6 Nil Nil Nil

73

Dte.of Hort Nil 2 2 2 Nil Nil NilMeghalaya State Agricultural Marketing Board, Shillong Nil Nil Nil Nil Nil Nil Nil

2 Arts & CultureSectt.Deptt. 4 6 10 2 Nil Nil NilDte.of Arts & Culture Nil 4 4 4 Nil Nil Nil

3 A.H.&Vety.Sectt.Dept. Nil 6 6 5 Nil Nil NilDte.of A.H.&Vety

4 Border Areas Dev.Sectt.Deptt. Nil Nil Nil Nil Nil Nil NilDte.of BAD Nil 2 2 2 Nil Nil Nil

5 C.M.SecretariatSectt.Dept. Nil 25 25 25 Nil Nil Nil

6 Cabinet AffairsSectt.Deptt. Nil 5 5 5 Nil Nil Nil

7 CommunicationSectt.Deptt. Nil Nil Nil Nil Nil Nil Nil

8 C&RDSectt.Deptt. Nil 11 11 11 Nil Nil NilDte.of C&RD Nil 1 1 1 Nil Nil NilProject Director, East Khasi Hills, Shillong Nil 34 34 34 Nil Nil Nil

Project Director, West Khasi Hills, NongstoinProject Director, Ribhoi District, NongpohProject Director, West Jaintia Hills, Jowai Nil Nil Nil Nil Nil Nil Nil

Project Director, East Garo Hills, Williamnagar Nil 2 2 2 Nil Nil Nil

Project Director, South Garo Hills, BaghmaraProject Director, West Garo Hills, Tura Nil 2 2 2 Nil Nil Nil

Project Director South West Khasi Hills, Mawkyrwat Nil Nil Nil Nil Nil Nil Nil

Project Director North Garo Hills, Resubelpara Nil Nil Nil Nil Nil Nil Nil

9 CooperationSectt.Deptt. Nil Nil Nil Nil Nil Nil NilRegistrar of Cooperative Societies 1 7 8 8 Nil Nil Nil

74

Meghalaya State Warehousing Corporation Nil Nil Nil Nil Nil Nil Nil

MECOFED Ltd. Nil Nil Nil Nil Nil Nil NilMSHF Coop.Society Ltd. Nil Nil Nil Nil Nil Nil NilMSCU Ltd. Nil Nil Nil Nil Nil Nil NilThe Meghalaya Coop. Apex Bank Ltd. Nil 9 9 9 Nil Nil Nil

MEGHALOOM Ltd. Nil Nil Nil Nil Nil Nil NilMeghalaya Village Development & Promotion Tourism Cooperative Society Ltd.

Nil Nil Nil Nil Nil Nil Nil

10 District Council AffairsSectt.Deptt. Nil 7 7 7 Nil Nil NilKHADC Nil 28 28 28 Nil Nil NilJHADC Nil 83 83 83 Nil Nil NilGHADC Nil 25 25 25 Nil Nil Nil

11 EducationSectt.Deptt.DHTE Nil 218 218 218 Nil Nil NilDERT Nil 11 11 7 Nil Nil NilMBOSEDSEL Nil 57 57 53 4 Nil Nil

12 ElectionsSectt.Deptt. Nil Nil Nil Nil Nil Nil NilDCs Nil 20 20 19 Nil Nil Nil

13 E.R.T.S.Sectt.Deptt. Nil 4 4 4 Nil Nil NilCom.Tax Nil 43 43 43 Nil Nil NilCom.Excise Nil 13 13 13 Nil Nil NilInspector General of Registration & Superintendent of StampsDte.of Megh. State Lottery Nil 3 3 3 Nil Nil NilMeghalaya Commission of Resource Mobilization

14 FinanceDte.of Accounts & Treasuries Nil 3 3 3 Nil Nil NilDte.of Local AccountsDte.of Small Savings Nil Nil Nil Nil Nil Nil NilDte.of Institutional Finance Nil Nil Nil Nil Nil Nil NilFinance (EC-1) Deptt. Nil Nil Nil Nil Nil Nil NilFinance (Economic Affairs) Deptt. 4 8 12 4 Nil Nil NilFinance (PR) Deptt. Nil 2 2 2 Nil Nil Nil

75

Finance (Establishment) Deptt. Nil 1 1 1 Nil Nil NilFinance (A.F.) Nil 2 2 2 Nil Nil NilFinance (P.C.) Nil 1 1 1 Nil Nil NilDirectorate of Local Fund Audit Nil Nil Nil Nil Nil Nil NilFinance (Budget) Nil Nil Nil Nil Nil Nil NilFinance (EC-II) Nil 1 1 1 Nil Nil Nil

15 Food & Civil SuppliesSectt.Deptt. Nil Nil Nil Nil Nil Nil NilDte.of Food & Civil Supplies Nil 57 57 57 Nil 5 Nil

Meghalaya State Consumer Disputes Redressal Commission

16 Forest & Env.Sectt.Deptt. Nil 7 7 7 2 Nil NilO/o PCCF Nil 35 35 35 Nil Nil NilO/o CCF (Social Forestry) Nil 6 6 6 Nil Nil NilO/o CCF (Research & Training) Nil Nil Nil Nil Nil Nil NilO/o CCF (Territorial) Nil 51 51 51 Nil Nil NilO/o CCF (WL) Meghalaya Shillong Nil 9 9 9 Nil Nil Nil

O/o CCF (WL) Tura17 Fisheries

Sectt.Deptt.Dte.of Fisheries Nil 11 11 11 Nil Nil Nil

18 G.A.D.Offi ce Estate Offi cerDte. of Sainik Welfare Nil 4 4 4 Nil Nil NilZila Sainik WelfareG.A.D. (B)G.A.D (A) Nil 5 5 5 Nil Nil Nil

19 Home (Police)Sectt.Deptt. Nil 19 19 19 3 Nil NilDirector General of Police Nil 344 344 344 Nil Nil Nil

20 Home Guards & Civil DefenceSectt.Deptt. Nil Nil Nil Nil Nil Nil NilDte. Of Civil Defence & Home Guards Nil 5 5 5 Nil Nil Nil

21 Home (Jails)Sectt.Deptt.Director General of Prisons Nil 22 22 21 Nil Nil Nil

22 Home (Passport)Sectt.Deptt. Nil 2 2 2 Nil Nil Nil

76

23 Health & F.W.Sectt.Deptt.DHS (MI) Nil 35 35 35 Nil Nil NilDHS (MCH & FW) Nil 16 16 16 Nil Nil NilDHS (R) Nil 7 7 7 Nil Nil Nil

24 HousingSectt.Deptt.Dte.of Housing Nil 3 3 3 Nil Nil NilMeghalaya State Housing Board

25 IndustriesSectt.Deptt.Dte.of Commerce & Industries Nil 40 40 40 Nil Nil NilMIDCMCCLMKVIBMeghalaya HandloomMHHDCMBCLMEDC Ltd.

26 Information & Public RelationsSectt.Deptt. Nil Nil Nil Nil Nil Nil NilDte.of I.P.R. Nil 4 4 4 Nil Nil Nil

27 Information TechnologySectt.Deptt. Nil 2 2 2 Nil Nil Nil

28 Law Law (A) Nil 20 20 20 Nil Nil NilLaw (B) Nil 19 19 19 Nil Nil Nil

29 LabourSectt.Deptt. Nil 1 1 1 Nil Nil NilDte.of Employment & Craftsmen Training Nil 1 1 1 Nil Nil Nil

O/o Administrative Medical Offi cer Nil Nil Nil Nil Nil Nil NilChief Inspector of Boilers and Factories Nil 2 2 2 Nil Nil Nil

Labour Commissioner Nil 16 16 16 Nil Nil NilDirectorate of Meghalaya Civil Task Force Nil Nil Nil Nil Nil Nil Nil

30 Mining & GeologySectt.Dept Nil 9 9 9 Nil Nil NilDte.of Mineral Resources Nil 24 24 24 Nil Nil Nil

31 PlanningSectt.Deptt. Nil Nil Nil Nil Nil Nil Nil

77

Programme Implementation & Evaluation Deptt. Nil 2 2 2 Nil Nil Nil

Dte. of Programme Implementation & Evaluation Dept.

Nil 4 4 4 Nil Nil Nil

Dte.of Economics & Statistics Nil 4 4 3 Nil Nil NilM.E.D.C. Nil Nil Nil Nil Nil Nil NilBio. Resource Development Council, ShillongState Council of Science & Technology & Environment, ShillongShillong Science Centre, ShillongMeghalaya State Planning BoardMeghalaya Rural Development Society, ShillongMeghalaya Resource & Employment Generation Council, ShillongMeghalaya Basin Development AuthorityMeghalaya Institute of Governance Meghalaya Institute of EntrepreneurshipScience & Technology Cell

32 PersonnelPersonnel & A.R.(A) Nil 12 12 12 Nil Nil NilPersonnel & A.R. (B) Nil 14 14 14 Nil Nil NilDC,EK Hills Nil 122 122 122 Nil Nil NilDC, Ribhoi District Nil 50 50 50 Nil Nil NilDC, West Jaintia Hills District, Jowai Nil 8 8 7 Nil Nil Nil

DC, West Khasi Hills Nil 17 17 17 Nil Nil NilDC, West Garo Hills, Tura Nil 31 31 30 Nil Nil NilDC, East Garo Hills Nil 5 5 5 Nil Nil NilDC, South Garo Hills Nil Nil Nil Nil Nil Nil NilM.P.S.C. Nil 72 72 52 Nil Nil NilCommissioner of Divisions Shillong Nil 1 1 1 Nil Nil Nil

Personnel AR (ARC) Deptt. Nil Nil Nil Nil Nil Nil NilMATI Nil Nil Nil Nil Nil Nil NilD.C. South West Khasi Hills District Mawkyrwat Nil 3 3 3 Nil Nil Nil

78

D.C. East Jaintia Hills District, KhliehriatD.C. Resubelpara Nil Nil Nil Nil Nil Nil NilD.C. Ampati Nil 4 4 4 Nil Nil NilCommissioner of Division Tura Nil Nil Nil Nil Nil Nil NilSDO (C) Sohra Nil 6 6 6 Nil Nil NilSDO (C) Mairang Nil Nil Nil Nil Nil Nil NilSDO (C) Amlarem Nil 3 3 3 Nil Nil NilSDO (C) Dadenggre Nil Nil Nil Nil Nil Nil NilAll India Service Pre-Examination Training Centre Nil Nil Nil Nil Nil Nil Nil

33 PoliticalSectt.Deptt. Nil 9 9 9 Nil Nil Nil

34 P.H.E.Sectt.Deptt. Nil 7 7 7 Nil Nil NilChief Engineer Nil 43 43 43 Nil Nil NilPollution Control Board

35 PowerSectt.Deptt. Nil 8 8 8 Nil Nil NilM.E.C. Ltd. Nil 37 37 37 Nil Nil NilMSERC Nil Nil Nil Nil Nil Nil NilMNREDA Nil 59 59 59 Nil Nil NilSenior Electrical Inspector, Inspectorate of Electricity, Shillong

Nil 4 4 4 Nil Nil Nil

36 Printing & StationerySectt.Deptt. Nil Nil Nil Nil Nil Nil NilDte.of Printing & Stationery Nil 3 3 3 Nil Nil Nil

37 P.W.D.Sectt.Deptt. Nil 9 9 9 Nil Nil NilC.E.PWD(R) Nil 9 9 9 Nil Nil NilC.E.PWD (NH) Nil 21 21 21 Nil Nil NilC.E.PWD (B) Nil 9 9 8 1 1 NilMegh. Govt. Construction Corporation Ltd. Nil 1 1 Nil Nil Nil Nil

38 Parliamentary AffairsSectt.Deptt. Nil Nil Nil Nil Nil Nil Nil

39 Meghalaya Bharat Scouts & Guides Nil Nil Nil Nil Nil Nil Nil

40 Revenue & Disaster ManagementSectt.Deptt. Nil 22 22 22 Nil Nil NilMeghalaya Board of Revenue Nil Nil Nil Nil Nil Nil NilDte.Land Records & Survey Nil 3 3 3 Nil Nil Nil

79

41 SADSAD (A) Nil Nil Nil Nil Nil Nil NilSAD (E) Nil 3 3 3 Nil Nil NilSAD (N) Nil 2 2 2 Nil Nil NilSAD (R) Nil Nil Nil Nil Nil Nil Nil

42 Sports & Youth AffairsSectt.Deptt. Nil 1 1 1 Nil Nil NilDte.of S.Y.A. Nil 6 6 6 Nil Nil Nil

43 Social WelfareSectt.Deptt. Nil 7 7 7 Nil Nil NilDte.of Social Welfare Nil 21 21 21 Nil Nil NilMeghalaya State Social Welfare Board Nil Nil Nil Nil Nil Nil Nil

State Commission for Women Nil 1 1 1 Nil Nil NilCommissioner for Person with Disabilities Nil 3 3 3 Nil Nil Nil

State Commission for Protection of Child Rights Nil Nil Nil Nil Nil Nil Nil

44 Soil & Water ConservationSectt.Deptt. Nil 2 2 2 Nil Nil NilDte.of Soil & Water 1 24 25 25 Nil Nil Nil

45 Sericulture & WeavingSectt.Deptt. Nil 1 1 1 Nil Nil NilDte.of Sericulture Nil 5 5 5 Nil Nil Nil

46 TransportSectt.Deptt. Nil 177 177 177 6 Nil NilComnr.of Transport Nil 171 171 171 Nil Nil NilM.T.C. Nil 6 6 6 Nil Nil NilSecretary, State Transport Authority

47 TourismSectt.Deptt. Nil 4 4 4 Nil Nil NilDte.of Tourism Nil 13 13 13 Nil Nil NilMTDC Ltd. Nil 3 3 2 Nil Nil Nil

48 Urban AffairsSectt.Deptt. Nil 5 5 5 Nil Nil NilDte.of Urban Affairs Nil 33 33 27 Nil Nil NilShillong Municipal Board Nil 16 16 16 Nil Nil NilJowai Municipal Board Nil 3 3 3 Nil Nil NilMUDA Nil 34 34 34 Nil Nil NilTura Municipal Board Nil 1 1 1 Nil Nil NilWilliamnagar Municipal Board Nil Nil Nil Nil Nil Nil NilResubelpara Municipal Board Nil 1 1 1 Nil Nil Nil

80

Meghalaya Urban Dev.Agency, Raitong Building Shillong Nil 3 3 3 Nil Nil Nil

49 Metrology DepartmentSectt.Deptt. Nil Nil Nil Nil Nil Nil NilController of Legal Metrology Nil 22 22 22 Nil Nil Nil

50 Meghalaya Legislative Assembly Nil 14 14 14 Nil Nil Nil

51 Meghalaya High Court52 Governor’s Secretariat,

Raj Bhavan, Shillong Nil 27 27 27 Nil Nil Nil

53 Meghalaya State Information Commission Nil 6 6 2 Nil Nil Nil

54 Water Resources Department Nil 4 4 4 Nil Nil Nil

Total: 10 2653 2663 2601 16 6 Nil

Table 7.2.2. below indicates year wise disposal of Requests during the last ten years:Table 7.2.2

Year Total No. of Requests

No. of Requests Disposed

No. of Requests Rejected

2006 310 291 282007 537 492 102008 360 335 22009 676 652 42010 836 816 42011 1074 1051 72012 1289 1231 162013 1625 1546 302014 1816 1770 232015 2663 2601 6

7.3. Disposal of First Appeals by the Departmental Appellate Authority (DAA):

Section 19 (1) provides that – Any person who does not receive a decision within the time specifi ed in Sub Section 11 (1) or Clause (a) of Sub-section (3) of Section 7, or is aggrieved by a decision of the Central Public Information Offi cer, or State Public Information Offi cer as the case may be, may within 30 days from the expiry of such period or from the receipt of such a decision prefer an appeal (First appeal) to such offi cer who is senior in rank to the Central Public Information Offi cer or State Public Information Offi cer as the case may be in each public authority.

During the 2015, 122 number of appeals were preferred before the Departmental Appellate Authority (DAA) in the form of First Appeals under Section 19(1) of the Act. The disposal of the appeals by the Departmental Appellate Authorities is given in the Table 7.3.1 below:

81

Disposal of First Appeals by the Departmental Appellate Authorities Reporting Year: 2015

Sl. No


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1 2 3 4 5 6 7 8 91 Agriculture

Sectt.Deptt.Dte.of Agri. Nil 6 6 4 Nil Nil NilDte.of Hort Nil Nil Nil Nil Nil Nil NilMegh. State Agricultural Marketing Board, Shillong Nil Nil Nil Nil Nil Nil Nil

2 Arts & CultureSectt.Deptt. Nil Nil Nil Nil Nil Nil NilDte.of Arts & Culture Nil Nil Nil Nil Nil Nil Nil

3 A.H.&Vety.Sectt.Deptt. Nil 1 1 1 Nil Nil NilDte.of A.H.&Vety

4 Border Areas Dev.Sectt.Deptt. Nil Nil Nil Nil Nil Nil NilDte.of BAD Nil 1 1 Nil Nil Nil Nil

5 C.M.SecretariatSectt.Deptt. Nil 25 25 25 Nil Nil Nil

6 Cabinet AffairsSectt.Deptt. Nil Nil Nil Nil Nil Nil Nil

7 CommunicationSectt.Deptt. Nil Nil Nil Nil Nil Nil Nil

8 C&RDSectt.Deptt. Nil 1 1 1 Nil Nil NilDte.of C&RD Nil Nil Nil Nil Nil Nil NilProject Director, East Khasi Hills, Shillong Nil Nil Nil Nil Nil Nil Nil

Project Director, West Khasi Hills, NongstoinProject Director, Ribhoi District, NongpohProject Director, West Jaintia Hills, Jowai Nil 8 8 8 Nil Nil Nil

82

Project Director, East Garo Hills, Williamnagar Nil 1 1 2 Nil Nil Nil

Project Director, South Garo Hills, BaghmaraProject Director, West Garo Hills, Tura Nil Nil Nil Nil Nil Nil Nil

Project Director, South West Khasi Hills, Mawkyrwat Nil Nil Nil Nil Nil Nil Nil

Project Director, North Garo Hills, Resubelpara Nil Nil Nil Nil Nil Nil Nil

9 CooperationSectt.Deptt. Nil Nil Nil Nil Nil Nil NilRegistrar of Cooperative Societies Nil Nil Nil Nil Nil Nil NilMeghalaya State Warehousing Corporation Nil Nil Nil Nil Nil Nil Nil

Meghalaya Apex Handloom Weavers & Handicrafts Nil Nil Nil Nil Nil Nil Nil

MECOFED Ltd. Nil Nil Nil Nil Nil Nil NilMSHF Coop.Society Ltd. Nil Nil Nil Nil Nil Nil NilMSCU Ltd. Nil Nil Nil Nil Nil Nil NilThe Meghalaya Coop. Apex Bank Ltd. Nil Nil Nil Nil Nil Nil Nil

MEGHALOOM Ltd. Nil Nil Nil Nil Nil Nil NilMeghalaya Village Development & Promotion Tourism Cooperative Society Ltd.

Nil Nil Nil Nil Nil Nil Nil

10 District Council AffairsSectt.Deptt. Nil Nil Nil Nil Nil Nil NilKHADC Nil Nil Nil Nil Nil Nil NilJHADC Nil Nil Nil Nil Nil Nil NilGHADC Nil Nil Nil Nil Nil Nil Nil

11 EducationSectt.Deptt.DHTE Nil 9 9 10 Nil Nil NilDERT Nil 11 11 7 Nil Nil NilMBOSEDSEL Nil Nil Nil Nil Nil Nil Nil

12 ElectionsSectt.Dept. Nil Nil Nil Nil Nil Nil NilDCs Nil 1 1 1 Nil Nil Nil

83

13 E.R.T.S.Sectt.Dept. Nil Nil Nil Nil Nil Nil NilCom.Tax Nil 2 2 2 Nil Nil NilCom.Excise Nil 2 2 2 Nil Nil NilInspector General of Registration & Superintendent of StampsDte.of Megh. State Lottery Nil Nil Nil Nil Nil Nil NilMeghalaya Commission of Resource Mobilization

14 FinanceDte.of Accounts & Treasuries Nil Nil Nil Nil Nil Nil NilDte.of Local AccountsDte.of Small Savings Nil Nil Nil Nil Nil Nil NilDte.of Institutional Finance Nil Nil Nil Nil Nil Nil NilFinance (EC-1) Deptt. Nil Nil Nil Nil Nil Nil NilFinance (Economic Affairs) Deptt. Nil Nil Nil Nil Nil Nil NilFinance (PR) Deptt. Nil Nil Nil Nil Nil Nil NilFinance (Establishment) Deptt. Nil Nil Nil Nil Nil Nil NilFinance (AF) Nil Nil Nil Nil Nil Nil NilFinance (PC) Nil Nil Nil Nil Nil Nil NilDirectorate of Local Fund Audit Nil Nil Nil Nil Nil Nil NilFinance (Budget) Nil Nil Nil Nil Nil Nil NilFinance (EC-II) Nil Nil Nil Nil Nil Nil Nil

15 Food & Civil SuppliesSectt.Deptt. Nil Nil Nil Nil Nil Nil NilDte.of Food & Civil Supplies Nil Nil Nil Nil Nil Nil NilMeghalaya State Consumer Disputes Redressal Commission

16 Forest & Env.Sectt.Deptt. Nil Nil Nil Nil Nil Nil NilO/o PCCF Nil Nil Nil Nil Nil Nil NilO/o CCF ( Social Forestry) Nil Nil Nil Nil Nil Nil NilO/o CCF (Research &Training) Nil Nil Nil Nil Nil Nil NilO/o CCF (Territorial) Nil Nil Nil Nil Nil Nil NilO/o CCF (WL) Meghalaya Shillong Nil Nil Nil Nil Nil Nil NilO/o CF (WL) Tura

17 FisheriesSectt.Deptt.Dte.of Fisheries Nil Nil Nil Nil Nil Nil Nil

84

18 G.A.D.Offi ce Estate Offi cerDte. of Sainik Welfare Nil Nil Nil Nil Nil Nil NilZila Sainik WelfareG.A.D. (B)GAD (A) Nil Nil Nil Nil Nil Nil Nil

19 Home (Police)Sectt.Deptt. Nil Nil Nil 1 Nil Nil NilDirector General of Police Nil Nil Nil Nil Nil Nil Nil

20 Home Guards & Civil DefenceSectt.Deptt. Nil Nil Nil Nil Nil Nil NilDte. Of Civil Defence & Home Guards Nil Nil Nil Nil Nil Nil Nil

21 Home (Jails)Sectt.Deptt.Director General of Prisons Nil 7 7 7 Nil Nil Nil

22 Home (Passport)Sectt.Deptt. Nil Nil Nil Nil Nil Nil Nil

23 Health & F.W.Sectt.Deptt.DHS (MI) Nil Nil Nil Nil Nil Nil NilDHS (MCH & FW) Nil 16 16 16 Nil Nil NilDHS (R) Nil Nil Nil Nil Nil Nil Nil

24 HousingSectt.Deptt.Dte.of Housing Nil Nil Nil Nil Nil Nil NilMeghalaya State Housing Board

25 IndustriesSectt.Deptt.Dte.of Commerce & Industries Nil Nil Nil Nil Nil Nil NilMIDCMCCLMKVIBMeghalaya HandloomMHHDCMBCLMEDC Ltd.

26 Information & Public RelationsSectt.Deptt. Nil Nil Nil Nil Nil Nil NilDte.of I.P.R. Nil Nil Nil Nil Nil Nil Nil

27 Information TechnologySectt.Deptt. Nil Nil Nil Nil Nil Nil Nil

85

28 Law Law (A) Nil Nil Nil Nil Nil Nil NilLaw (B) Nil Nil Nil Nil Nil Nil Nil

29 LabourSectt.Deptt. Nil 1 1 1 Nil Nil NilDte.of Employment & Craftsmen Training Nil Nil Nil Nil Nil Nil Nil

O/o Administrative Medical Offi cer Nil Nil Nil Nil Nil Nil NilChief Inspector of Boilers and Factories Nil Nil Nil Nil Nil Nil Nil

Labour Commissioner Nil Nil Nil Nil Nil Nil NilDirectorate of Meghalaya Civil Task Force Nil Nil Nil Nil Nil Nil Nil

30 Mining & GeologySectt.Dept Nil Nil Nil Nil Nil Nil NilDte.of Mineral Resources Nil Nil Nil Nil Nil Nil Nil

31 PlanningSectt.Deptt. Nil Nil Nil Nil Nil Nil NilProgramme Implementation & Evaluation Dept. Nil Nil Nil Nil Nil Nil Nil

Dte. of Programme Implementation & Evaluation Dept. Nil Nil Nil Nil Nil Nil Nil

Dte.of Economics & Statistics Nil Nil Nil Nil Nil Nil NilM.E.D.C.Bio. Resource Development Council, ShillongState Council of Science & Technology & Environment, ShillongShillong Science Centre, ShillongMeghalaya State Planning BoardMeghalaya Rural Development Society, ShillongMeghalaya Resource & Employment Generation Council, ShillongMeghalaya Basin Development AuthorityMeghalaya Institute of GovernanceMeghalaya Institute of EntrepreneurshipScience & Technology Cell

32 PersonnelPersonnel & A.R.(A) Nil 1 1 1 Nil Nil NilPersonnel & A.R. (B) Nil Nil Nil Nil Nil Nil NilDC,EK Hills Nil 13 13 13 Nil Nil Nil

86

DC, Ribhoi District Nil 3 3 3 Nil Nil NilDC, West Jaintia Hills District, Jowai Nil Nil Nil Nil Nil Nil NilDC, West Khasi Hills Nil 5 5 5 Nil Nil NilDC, West Garo Hills, Tura Nil Nil Nil Nil Nil Nil NilDC, East Garo Hills Nil Nil Nil Nil Nil Nil NilDC, South Garo Hills Nil Nil Nil Nil Nil Nil NilM.P.S.C. Nil 1 1 1 Nil Nil NilCommissioner of Divisions Shillong Nil Nil Nil Nil Nil Nil NilPersonnel AR (ARC) Deptt. Nil Nil Nil Nil Nil Nil NilMATI Nil Nil Nil Nil Nil Nil NilD.C. South West Khasi Hills District Mawkyrwat Nil Nil Nil Nil Nil Nil Nil

DC East Jaintia Hills District KhliehriatDC Resubelpara Nil Nil Nil Nil Nil Nil NilDC Ampati Nil Nil Nil Nil Nil Nil NilCommissioner of Division Tura Nil Nil Nil Nil Nil Nil NilSDO (C) Sohra Nil Nil Nil Nil Nil Nil NilSDO (C) Mairang Nil Nil Nil Nil Nil Nil NilSDO (C) Amlarem Nil Nil Nil Nil Nil Nil NilSDO (C) Dadenggre Nil Nil Nil Nil Nil Nil NilAll India Service Pre-Examination Training Centre Nil Nil Nil Nil Nil Nil Nil

33 PoliticalSectt.Deptt. Nil Nil Nil Nil Nil Nil Nil

34 P.H.E.Sectt.Deptt. Nil Nil Nil Nil Nil Nil NilChief Engineer Nil Nil Nil Nil Nil Nil NilPollution Control Board

35 PowerSectt.Deptt. Nil Nil Nil Nil Nil Nil NilM.E.C. Ltd. Nil Nil Nil Nil Nil Nil NilMSERC Nil Nil Nil Nil Nil Nil NilMNREDA Nil Nil Nil Nil Nil Nil NilSenior Electrical Inspector, Inspectorate of Electricity, Shillong Nil Nil Nil Nil Nil Nil Nil

36 Printing & StationerySectt.Deptt. Nil Nil Nil Nil Nil Nil NilDte.of Printing & Stationery Nil Nil Nil Nil Nil Nil Nil

37 P.W.D.Sectt.Deptt. Nil Nil Nil Nil Nil Nil NilC.E.PWD(R) Nil Nil Nil Nil Nil Nil Nil

87

C.E.PWD (NH) Nil Nil Nil Nil Nil Nil NilC.E.PWD (B) Nil Nil Nil Nil Nil Nil NilMegh. Govt. Construction Corporation Ltd. Nil Nil Nil Nil Nil Nil Nil

38 Parliamentary AffairsSectt.Deptt. Nil Nil Nil Nil Nil Nil Nil

39 Meghalaya Bharat Scouts & Guides Nil Nil Nil Nil Nil Nil Nil

40 Revenue & Disaster ManagementSectt.Deptt. Nil Nil Nil Nil Nil Nil NilMeghalaya Board of Revenue Nil Nil Nil Nil Nil Nil NilDte.Land Records & Survey Nil Nil Nil Nil Nil Nil Nil

41 SADSAD (A) Nil Nil Nil Nil Nil Nil NilSAD (E) Nil Nil Nil Nil Nil Nil NilSAD (N) Nil Nil Nil Nil Nil Nil NilSAD (R) Nil Nil Nil Nil Nil Nil Nil

42 Sports & Youth AffairsSectt.Deptt. Nil Nil Nil Nil Nil Nil NilDte.of S.Y.A. Nil Nil Nil Nil Nil Nil Nil

43 Social WelfareSectt.Deptt. Nil Nil Nil Nil Nil Nil NilDte.of Social Welfare Nil Nil Nil Nil Nil Nil NilMeghalaya State Social Welfare Board Nil Nil Nil Nil Nil Nil Nil

State Commission for Women Nil Nil Nil Nil Nil Nil NilCommissioner for Person with Disabilities Nil Nil Nil Nil Nil Nil Nil

State Commission for Protection of Child Rights Nil Nil Nil Nil Nil Nil Nil

44 Soil & Water ConservationSectt.Deptt. Nil Nil Nil Nil Nil Nil NilDte.of Soil & Water Conservation Nil 4 4 10 Nil Nil Nil

45 Sericulture & WeavingSectt.Deptt. Nil Nil Nil Nil Nil Nil NilDte.of Sericulture Nil Nil Nil 1 Nil Nil Nil

46 TransportSectt.Deptt. Nil 1 1 4 Nil Nil NilComnr.of Transport Nil 1 1 4 Nil Nil NilM.T.C. Nil Nil Nil Nil Nil Nil NilSecretary State Transport Authority

88

47 TourismSectt.Deptt. Nil Nil Nil Nil Nil Nil NilDte.of Tourism Nil Nil Nil Nil Nil Nil NilMTDC ltd. Nil Nil Nil Nil Nil Nil Nil

48 Urban AffairsSectt.Deptt. Nil Nil Nil Nil Nil Nil NilDte.of Urban Affairs Nil Nil Nil Nil Nil Nil NilShillong Municipal Board Nil Nil Nil Nil Nil Nil NilJowai Municipal Board Nil Nil Nil Nil Nil Nil NilMUDA Nil Nil Nil Nil Nil Nil NilTura Municipal Board Nil Nil Nil Nil Nil Nil NilWilliamnagar Municipal Board Nil Nil Nil Nil Nil Nil NilResubelpara Municipal Board Nil Nil Nil Nil Nil Nil NilMeghalaya Urban Dev. Agency, Raitong Building Shillong Nil Nil Nil Nil Nil Nil Nil

49 Metrology DepartmentSectt.Deptt. Nil Nil Nil Nil Nil Nil NilController of Legal Metrology Nil Nil Nil Nil Nil Nil Nil

50 Meghalaya Legislative Assembly Nil Nil Nil Nil Nil Nil Nil

51 Meghalaya High Court52 Governor’s Secretariat, Raj

Bhavan, Shillong Nil Nil Nil Nil Nil Nil Nil

53 Meghalaya State Information Commission Nil Nil Nil Nil Nil Nil Nil

54 Water Resources Department Nil 1 1 1 Nil Nil Nil

Total Nil 122 122 131 Nil Nil Nil

Table 7.3.2 below indicates year wise disposal of First Appeals by the Departmental Appellate Authorities for the last ten years:-

Table 7.3.2

Year Total No. of First Appeals

No. of First Appeals disposed

No. of First Appeals rejected

2006 21 20 12007 108 106 22008 23 23 Nil2009 39 39 Nil2010 42 36 62011 94 94 Nil2012 118 117 12013 78 66 Nil

89

2014 123 120 Nil2015 122 131 Nil

7.4 Information Requests rejected by the PIO/Public Authorities:

Section 7 (1) empowers the Public Information Offi cer to reject the request for information for any of the reasons specifi ed under section 8 and 9 of the Right to Information Act, 2005.

The number of requests rejected by the PIOs/Public authorities is indicated in the Table 7.4.1. below:

Information Requests rejected by the PIOs/Public authorities:Reporting Year: 2015

Sl. No.


Tota

l No.

of R

eque

sts

Rej

ecte

d

No.

of R

eque

sts

Rej

ecte

d Se

ctio

n 8

No.

of R

eque

sts

Rej

ecte

d Se

ctio

n 9

No.

of R

eque

sts

Rej

ecte

d Se

ctio

n 11

No.

of R

eque

sts

Rej

ecte

d Se

ctio

n 24

No.

of R

eque

sts

Rej

ecte

d O

ther

Sec

tion

1 2 3 4 5 6 7 81 Agriculture

Sectt.Deptt.Dte.of Agri. Nil Nil Nil Nil Nil NilDte.of Hort Nil Nil Nil Nil Nil NilMeghalaya State Agricultural Marketing Board, Shillong Nil Nil Nil Nil Nil Nil

2 Arts & CultureSectt.Deptt. Nil Nil Nil Nil Nil NilDte.of Arts & Culture Nil Nil Nil Nil Nil Nil

3 A.H.&Vety.Sectt.Deptt. Nil Nil Nil Nil Nil NilDte.of A.H.&Vety

4 Border Areas Dev.Sectt.Deptt. Nil Nil Nil Nil Nil NilDte.of BAD Nil Nil Nil Nil Nil Nil

5 C.M.SecretariatSectt.Deptt. Nil Nil Nil Nil Nil Nil

6 Cabinet AffairsSectt.Deptt. Nil Nil Nil Nil Nil Nil

7 CommunicationSectt.Deptt Nil Nil Nil Nil Nil Nil

90

8 C&RDSectt.Deptt. Nil Nil Nil Nil Nil NilDte.of C&RD Nil Nil Nil Nil Nil NilProject Director, East Khasi Hills, Shillong Nil Nil Nil Nil Nil NilProject Director, West Khasi Hills, NongstoinProject Director, Ribhoi District, NongpohProject Director, West Jaintia Hills, Jowai Nil Nil Nil Nil Nil NilProject Director, East Garo Hills, Williamnagar Nil Nil Nil Nil Nil Nil

Project Director, South Garo Hills, BaghmaraProject Director, West Garo Hills, Tura Nil Nil Nil Nil Nil NilProject Director South West Khasi Hills, Mawkyrwat Nil Nil Nil Nil Nil Nil

Project Director North Garo Hills, Resubelpara Nil Nil Nil Nil Nil Nil

9 CooperationSectt.Deptt. Nil Nil Nil Nil Nil NilRegistrar of Cooperative Societies Nil Nil Nil Nil Nil NilMeghalaya State Warehousing Corporation Nil Nil Nil Nil Nil NilMeghalaya Apex Handloom Weavers & Handicrafts Nil Nil Nil Nil Nil Nil

MECOFED Ltd. Nil Nil Nil Nil Nil NilMSHF Coop.Society Ltd. Nil Nil Nil Nil Nil NilMSCU Ltd. Nil Nil Nil Nil Nil NilThe Meghalaya Coop. Apex Bank Ltd. Nil Nil Nil Nil Nil NilMEGHALOOM Ltd. Nil Nil Nil Nil Nil NilMeghalaya Village Development & Promotion Tourism Cooperative Society Ltd.

Nil Nil Nil Nil Nil Nil

10 District Council AffairsSectt.Deptt. Nil Nil Nil Nil Nil NilKHADC Nil Nil Nil Nil Nil NilJHADC Nil Nil Nil Nil Nil NilGHADC Nil Nil Nil Nil Nil Nil

11 EducationSectt.Deptt.DHTE Nil Nil Nil Nil Nil NilDERT Nil Nil Nil Nil Nil NilMBOSEDSEL 4 Nil Nil Nil Nil Nil

91

12 ElectionsSectt.Deptt. Nil Nil Nil Nil Nil NilDCs Nil Nil Nil Nil Nil Nil

13 E.R.T.S.Sectt.Dept. Nil Nil Nil Nil Nil NilCom.Tax Nil Nil Nil Nil Nil NilCom.Excise Nil Nil Nil Nil Nil NilInspector General of Registration & Superintendent of StampsDte.of Megh. State Lottery Nil Nil Nil Nil Nil NilMeghalaya Commission of Resource Mobilization

14 FinanceDte.of Accounts & Treasuries Nil Nil Nil Nil Nil NilDte.of Local AccountsDte.of Small Savings Nil Nil Nil Nil Nil NilDte.of Institutional Finance Nil Nil Nil Nil Nil NilFinance (EC-1) Deptt. Nil Nil Nil Nil Nil NilFinance (Economic Affairs) Deptt. Nil Nil Nil Nil Nil NilFinance (PR) Deptt. Nil Nil Nil Nil Nil NilFinance (Establishment) Deptt. Nil Nil Nil Nil Nil NilFinance (AF) Nil Nil Nil Nil Nil NilFinance (PC) Nil Nil Nil Nil Nil NilDirectorate of Local Fund Audit Nil Nil Nil Nil Nil NilFinance (Budget) Nil Nil Nil Nil Nil NilFinance (EC-II) Nil Nil Nil Nil Nil Nil

15 Food & Civil SuppliesSectt.Deptt. Nil Nil Nil Nil Nil NilDte.of Food & Civil Supplies Nil Nil Nil Nil Nil NilMeghalaya State Consumer Disputes Redressal Commission

16 Forest & Env.Sectt.Deptt. Nil Nil Nil Nil Nil NilO/o PCCF Nil Nil Nil Nil Nil NilO/o CCF ( Social Forestry) Nil Nil Nil Nil Nil NilO/o CCF (Research & Training) Nil Nil Nil Nil Nil NilO/o CCF (Territorial) Nil Nil Nil Nil Nil NilO/o CCF (WL) Meghalaya Shillong Nil Nil Nil Nil Nil NilO/o CCF (WL) Tura

17 FisheriesSectt.Deptt.Dte.of Fisheries Nil Nil Nil Nil Nil Nil

92

18 G.A.D.Offi ce Estate Offi cerDte. of Sainik Welfare Nil Nil Nil Nil Nil NilZila Sainik WelfareGAD (B)GAD (A) Nil Nil Nil Nil Nil Nil

19 Home (Police)Sectt.Deptt. Nil Nil Nil Nil Nil NilDirector General of Police Nil Nil Nil Nil Nil Nil

20 Home Guards & Civil DefenceSectt.Deptt. Nil Nil Nil Nil Nil NilDte. Of Civil Defence & Home Guards Nil Nil Nil Nil Nil Nil

21 Home (Jails)Sectt.Deptt.Director General of Prisons Nil Nil Nil Nil Nil Nil

22 Home (Passport)Sectt.Deptt. Nil Nil Nil Nil Nil Nil

23 Health & F.W.Sectt.Deptt.DHS (MI) Nil Nil Nil Nil Nil NilDHS (MCH & FW) Nil Nil Nil Nil Nil NilDHS (R) Nil Nil Nil Nil Nil Nil

24 HousingSectt.Deptt.Dte.of Housing Nil Nil Nil Nil Nil NilMeghalaya State Housing Board

25 IndustriesSectt.Deptt.Dte.of Commerce & Industries Nil Nil Nil Nil Nil NilMIDCMCCLMKVIBMeghalaya HandloomMHHDCMBCLMEDC Ltd.

26 Information & Public RelationsSectt.Deptt. Nil Nil Nil Nil Nil NilDte.of I.P.R. Nil Nil Nil Nil Nil Nil

27 Information TechnologySectt.Deptt. Nil Nil Nil Nil Nil Nil

93

28 Law Law (A) Nil Nil Nil Nil Nil NilLaw (B) Nil Nil Nil Nil Nil Nil

29 LabourSectt.Deptt. Nil Nil Nil Nil Nil NilDte.of Employment & Craftsmen Training Nil Nil Nil Nil Nil NilO/o Administrative Medical Offi cer Nil Nil Nil Nil Nil NilChief Inspector of Boilers and Factories Nil Nil Nil Nil Nil NilLabour Commissioner Nil Nil Nil Nil Nil NilDirectorate of Meghalaya Civil Task Force Nil Nil Nil Nil Nil Nil

30 Mining & GeologySectt.Dept Nil Nil Nil Nil Nil NilDte.of Mineral Resources Nil Nil Nil Nil Nil Nil

31 PlanningSectt.Deptt. Nil Nil Nil Nil Nil NilProgramme Implementation & Evaluation Deptt. Nil Nil Nil Nil Nil Nil

Dte. of Programme Implementation & Evaluation Deptt. Nil Nil Nil Nil Nil Nil

Dte.of Economics & Statistics Nil Nil Nil Nil Nil NilM.E.D.C.Bio. Resource Development Council, ShillongState Council of Science & Technology & Environment, ShillongShillong Science Centre, ShillongMeghalaya State Planning BoardMeghalaya Rural Development Society, ShillongMeghalaya Resource & Employment Generation Council, ShillongMeghalaya Basin Development AuthorityMeghalaya Institute of GovernanceMeghalaya Institute of EntrepreneurshipScience & Technology Cell

32 PersonnelPersonnel & A.R.(A) Nil Nil Nil Nil Nil NilPersonnel AR (B) Nil Nil Nil Nil Nil NilDC,EK Hills Nil Nil Nil Nil Nil NilDC, Ribhoi District Nil Nil Nil Nil Nil NilDC, West Jaintia Hills District, Jowai Nil Nil Nil Nil Nil NilDC, West Khasi Hills Nil Nil Nil Nil Nil NilDC, West Garo Hills, Tura 1 Nil Nil Nil Nil Nil

94

DC, East Garo Hills Nil Nil Nil Nil Nil NilDC, South Garo Hills Nil Nil Nil Nil Nil NilM.P.S.C. Nil Nil Nil Nil Nil NilCommissioner of Divisions Shillong Nil Nil Nil Nil Nil NilPersonnel AR (ARC) Deptt. Nil Nil Nil Nil Nil NilMATI Nil Nil Nil Nil Nil NilD.C. South West Khasi Hills District Mawkyrwat Nil Nil Nil Nil Nil Nil

DC East Jaintia Hills District KhliehriatDC Resubelpara Nil Nil Nil Nil Nil NilDC Ampati Nil Nil Nil Nil Nil NilCommissioner of Division Tura Nil Nil Nil Nil Nil NilSDO (C) Sohra 1 1 Nil Nil Nil NilSDO (C) Mairang Nil Nil Nil Nil Nil NilSDO (C) Amlarem Nil Nil Nil Nil Nil NilSDO (C) Dadenggre Nil Nil Nil Nil Nil NilAll India Service Pre-Examination Training Centre Nil Nil Nil Nil Nil Nil

33 PoliticalSectt.Deptt. Nil Nil Nil Nil Nil Nil

34 P.H.E.Sectt.Deptt. Nil Nil Nil Nil Nil NilChief Engineer Nil Nil Nil Nil Nil NilPollution Control Board

35 PowerSectt.Deptt. Nil Nil Nil Nil Nil NilM.E.C. Ltd. 4 3 1 Nil Nil NilMSERC Nil Nil Nil Nil Nil NilMNREDA Nil Nil Nil Nil Nil NilSenior Electrical Inspector Inspectorate of Electricity, Shillong Nil Nil Nil Nil Nil Nil

36 Printing & StationerySectt.Deptt. Nil Nil Nil Nil Nil NilDte.of Printing & Stationery Nil Nil Nil Nil Nil Nil

37 P.W.D.Sectt.Deptt. Nil Nil Nil Nil Nil NilC.E.PWD(R) Nil Nil Nil Nil Nil NilC.E.PWD (NH) Nil Nil Nil Nil Nil NilC.E.PWD (B) Nil Nil Nil Nil Nil NilMegh. Govt. Construction Corporation Ltd. Nil Nil Nil Nil Nil Nil

38 Parliamentary AffairsSectt.Deptt. Nil Nil Nil Nil Nil Nil

95

39 Meghalaya Bharat Scouts & Guides Nil Nil Nil Nil Nil Nil

40 Revenue & Disaster ManagementSectt.Deptt. Nil Nil Nil Nil Nil NilMeghalaya Board of Revenue Nil Nil Nil Nil Nil NilDte.Land Records & Survey Nil Nil Nil Nil Nil Nil

41 SADSAD (A) Nil Nil Nil Nil Nil NilSAD (E) Nil Nil Nil Nil Nil NilSAD (N) Nil Nil Nil Nil Nil NilSAD (R) Nil Nil Nil Nil Nil Nil

42 Sports & Youth AffairsSectt.Deptt. Nil Nil Nil Nil Nil NilDte.of S.Y.A. Nil 1 1 1 Nil Nil

43 Social WelfareSectt.Deptt. Nil Nil Nil Nil Nil NilDte.of Social Welfare Nil 2 Nil Nil Nil 1Meghalaya State Social Welfare Board Nil Nil Nil Nil Nil NilState Commission for Women Nil Nil Nil Nil Nil NilCommissioner for Person with Disabilities Nil Nil Nil Nil Nil NilState Commission for Protection of Child Rights Nil Nil Nil Nil Nil Nil

44 Soil & Water ConservationSectt.Deptt. Nil Nil Nil Nil Nil NilDte.of Soil & Water Nil Nil Nil Nil Nil Nil

45 Sericulture & WeavingSectt.Deptt. Nil Nil Nil Nil Nil NilDte.of Sericulture Nil Nil Nil Nil Nil Nil

46 TransportSectt.Deptt. Nil Nil Nil Nil Nil NilComnr.of Transport Nil Nil Nil Nil Nil NilM.T.C. Nil Nil Nil Nil Nil NilSecretary, State Transport Authority

47 TourismSectt.Deptt. Nil Nil Nil Nil Nil NilDte.of Tourism Nil Nil Nil Nil Nil NilMTDC Ltd. Nil Nil Nil Nil Nil Nil

96

48 Urban AffairsSectt.Deptt. Nil Nil Nil Nil Nil NilDte.of Urban Affairs Nil Nil Nil Nil Nil NilShillong Municipal Board Nil Nil Nil Nil Nil NilJowai Municipal Board Nil Nil Nil Nil Nil NilMUDA Nil Nil Nil Nil Nil NilTura Municipal Board Nil Nil Nil Nil Nil NilWilliamnagar Municipal Board Nil Nil Nil Nil Nil NilResubelpara Municipal Board Nil Nil Nil Nil Nil Nil

Megh. Urban Dev. Agency, Raitong Building, Shillong Nil Nil Nil Nil Nil Nil

49 Metrology DepartmentSectt.Deptt. Nil Nil Nil Nil Nil NilController of Legal Metrology Nil Nil Nil Nil Nil Nil

50 Meghalaya Legislative Assembly Nil Nil Nil Nil Nil Nil51 Meghalaya High Court52 Governor’s Secretariat Raj

Bhavan, Shillong Nil Nil Nil Nil Nil Nil

53 Meghalaya State Information Commission Nil Nil Nil Nil Nil Nil

54 Water Resources Department Nil Nil Nil Nil Nil NilTotal: 10 7 2 1 Nil 1

7.5. Amount of fees & other charges collected by each Public authority:

A total amount of ̀ 132713/- was collected by the PIOs/Public authorities in the form of fees and charges during the year 2015. Out of this an amount of ̀ 19,659/- was collected under Section 4(4) of the Act, being the cost of the printed materials in which form the information was provided. ` 41,453/- was the application fee collected under Section 6(1) of the Act. An amount of ` 36,409/- was collected under Section 7(1) being the cost of the photo copies made. An amount of ` 3,857/- was collected under section 7(5) being the cost of information provided in Electronic format. An amount of ` 31,335/- was the miscellaneous charges collected by the Public Information Offi cers and the Public Authorities.

The details of the fees and other charges collected Department-wise is indicated in the Table 7.5.1 below:

97

Table 7.5.1 Amount of Fees and other Charges collected by the PIOs/Public Authorities: Reporting Year: 2015

Summary of Costs, Fees & Charges Collected by Public Authorities:Reporting Year: 2015

Sl. No Name of Departments Public Authorities

Cos

t Col

lect

ed

Sec

4(4)

Fee

Col

lect

ed

Sec

6(1)

Fee

Col

lect

ed

Sec

7(1)

Fee

Col

lect

ed

Sec

7(5)

Oth

er c

harg

es

colle

cted

(s

peci

fy)

Tota

l C

olle

ctio

n

1 2 3 4 5 6 7 81 Agriculture

Sectt.Deptt.Dte.of Agri. Nil 60 14 Nil Nil 74Dte.of Hort Nil 20 792 46 Nil 858Megh. State Agricultural Marketing Board, Shillong Nil Nil Nil Nil Nil Nil

2 Arts & CultureSectt.Dept. Nil 40 Nil Nil Nil 40Dte.of Arts & Culture Nil Nil Nil Nil Nil Nil

3 A.H.& Vety.Sectt.Dept. Nil 20 125 Nil Nil 145Dte.of A.H.&Vety

4 Border Areas Dev.Sectt.Deptt. Nil Nil Nil Nil Nil NilDte.of BAD 815 30 Nil Nil Nil 845

5 C.M.SecretariatSectt.Dept. Nil Nil Nil Nil Nil Nil

6 Cabinet AffairsSectt.Deptt. Nil 20 52 Nil Nil 72

7 CommunicationSectt.Dept Nil Nil Nil Nil Nil Nil

8 C&RDSectt.Dept. Nil Nil Nil 70 Nil 70Dte.of C&RD Nil Nil Nil 46 Nil 46Project Director, East Khasi Hills, Shillong Nil 320 4069 Nil Nil 4389Project Director, West Khasi Hills, NongstoinProject Director, Ribhoi District, NongpohProject Director, West Jaintia Hills, Jowai Nil 80 Nil Nil Nil 80Project Director, East Garo Hills, Williamnagar Nil 20 Nil Nil Nil 20Project Director, South Garo Hills, BaghmaraProject Director, West Garo Hills, Tura Nil 14 Nil Nil Nil 14

98

Project Director, South West Khasi Hills, Mawkyrwat Nil Nil Nil Nil Nil Nil

Project Director, North Garo Hills, Resubelpara Nil Nil Nil Nil Nil NilDevelopment & Promotion Tourism Cooperative Society Ltd.Development & Promotion Tourism Cooperative Society Ltd.

9 CooperationSectt.Deptt. Nil Nil Nil Nil Nil NilRegistrar of Cooperative Societies Nil 40 34 Nil Nil 74Meghalaya State Warehousing Corporation Nil Nil Nil Nil Nil NilMeghalaya Apex Handloom Weavers & Handicrafts Nil Nil Nil Nil Nil Nil

MECOFED Ltd. Nil Nil Nil Nil Nil NilMSHF Coop.Society Ltd. Nil Nil Nil Nil Nil NilMSCU Ltd. Nil Nil Nil Nil Nil NilThe Meghalaya Coop. Apex Bank Ltd. Nil 60 Nil Nil Nil 60MEGHALOOM Ltd. Nil Nil Nil Nil Nil NilMeghalaya Village Development & Promotion Tourism Cooperative Society Ltd.

10 District Council AffairsSectt.Deptt. Nil 80 Nil Nil Nil 80KHADC 26 240 244 Nil Nil 510JHADC Nil 780 3082 Nil Nil 3862GHADC Nil Nil Nil Nil Nil Nil

11 EducationSectt.Deptt.DHTE Nil 590 1666 Nil Nil 2256DERT 40 Nil Nil Nil Nil 40MBOSEDSEL Nil 110 84 Nil Nil 194

12 ElectionsSectt.Dept. Nil 130 Nil Nil Nil 130DCs 30 190 584 Nil Nil 804

13 E.R.T.S.Sectt.Dept. Nil 10 Nil Nil Nil 10Com.Tax Nil 200 164 Nil Nil 364Com.Excise Nil 70 256 Nil 44 370Inspector General of Registration & Superintendent of StampsDte.of Megh. State Lottery Nil Nil Nil Nil Nil NilMeghalaya Commission of Resource Mobilization

99

14 FinanceDte.of Accounts & Treasuries Nil 20 Nil 1266 Nil 1286Dte.of Local AccountsDte.of Small Savings Nil Nil Nil Nil Nil NilDte.of Institutional Finance Nil Nil Nil Nil Nil NilFinance (EC-1) Deptt. Nil Nil Nil Nil Nil NilFinance (Economic Affairs) Deptt. Nil 40 20 Nil Nil 60Finance (PR) Deptt. Nil 20 Nil Nil Nil 20Finance (Establishment) Deptt. Nil 10 Nil Nil Nil 10Finance (AF) Nil 20 Nil Nil Nil 20Finance (PC) 5 10 Nil Nil Nil 15Directorate of Local Fund Audit Nil Nil Nil Nil Nil NilFinance (Budget) Nil Nil Nil Nil Nil NilFinance (EC-II) Nil Nil Nil Nil Nil Nil

15 Food & Civil SuppliesSectt.Deptt. Nil Nil Nil Nil Nil NilDte.of Food & Civil Supplies Nil 420 3462 Nil 50 3932Meghalaya State Consumer Disputes Redressal Commission

16 Forest & Env.Sectt.Deptt. Nil Nil Nil Nil Nil NilO/o PCCF Nil 200 1394 Nil Nil 1594O/o CCF ( Social Forestry) Nil 30 24 Nil Nil 54O/o CCF (Research & Training) Nil Nil Nil Nil Nil NilO/o CCF (Territorial) Nil 440 744 Nil Nil 1184O/o CCF (WL) Meghalaya Shillong Nil 10 Nil Nil Nil 10O/o CCF (WL) Tura

17 FisheriesSectt.Deptt.Dte.of Fisheries 80 Nil 20 Nil 50 150

18 G.A.D.Offi ce Estate Offi cerDte. of Sainik Welfare Nil 40 Nil Nil Nil 40Zila Sainik WelfareG.A.D. (B)GAD (A) Nil 50 280 Nil Nil 330

19 Home (Police)Sectt.Deptt. Nil 160 Nil Nil Nil 160Director General of Police 286 1134 Nil 210 10 1640

20 Home Guards & Civil DefenceSectt.Deptt. Nil Nil Nil Nil Nil NilDte. Of Civil Defence & Home Guards Nil 20 Nil Nil Nil 20

100

21 Home (Jails)Sectt.Deptt.Director General of Prisons 100 Nil Nil Nil Nil 100

22 Home (Passport)Sectt.Deptt. Nil Nil Nil Nil Nil Nil

23 Health & F.W.Sectt.Deptt.DHS (MI) 350 1048 Nil Nil Nil 1398DHS (MCH & FW) 10 30 Nil Nil Nil 40DHS (R) Nil 10 Nil Nil Nil 10

24 HousingSectt.Deptt.Dte.of Housing Nil Nil Nil Nil Nil NilMeghalaya State Housing Board

25 IndustriesSectt.Deptt.Dte.of Commerce & Industries Nil 180 3184 Nil Nil 3364MIDCMCCLMKVIBMeghalaya HandloomMHHDCMBCLMEDC Ltd.

26 Information & Public RelationsSectt.Deptt. Nil Nil Nil Nil Nil NilDte.of I.P.R. Nil 40 Nil Nil Nil 40

27 Information TechnologySectt.Deptt. Nil 10 3740 Nil Nil 3750

28 LawLaw (A) Nil 110 226 Nil Nil 336Law (B) Nil 140 116 Nil Nil 256

29 LabourSectt.Deptt. Nil 10 Nil Nil Nil 10Dte.of Employment & Craftsmen Training Nil 10 Nil Nil Nil 10O/o Administrative Medical Offi cer Nil Nil Nil Nil Nil NilChief Inspector of Boilers and Factories Nil 20 Nil Nil Nil 20Labour Commissioner 160 Nil Nil Nil Nil 160Directorate of Meghalaya Civil Task Force Nil Nil Nil Nil Nil Nil

30 Mining & GeologySectt.Dept Nil Nil 20 Nil Nil 20Dte.of Mineral Resources Nil 140 Nil Nil 272 412

101

31 PlanningSectt.Deptt. Nil Nil Nil Nil Nil NilProgramme Implementation & Evaluation Deptt. Nil Nil Nil Nil Nil NilDte. of Programme Implementation & Evaluation Deptt. Nil Nil Nil Nil Nil Nil

Dte.of Economics & Statistics Nil 30 10 Nil Nil 40M.E.D.C.Bio. Resource Development Council, ShillongState Council of Science & Technology & Environment, ShillongShillong Science Centre, ShillongMeghalaya State Planning BoardMeghalaya Rural Development Society, ShillongMeghalaya Resource & Employment Generation Council, ShillongMeghalaya Basin Development AuthorityMeghalaya Institute of GovernanceMeghalaya Institute of EntrepreneurshipScience & Technology Cell

32 PersonnelPersonnel & A.R.(A) Nil 60 Nil 164 Nil 224Personnel & A.R. (B) Nil Nil 202 Nil Nil 202DC,EK Hills 140 23055 1058 Nil 30000 54253DC, Ribhoi District 18 404 236 Nil Nil 658DC, West Jaintia Hills District, Jowai Nil 60 Nil Nil Nil 60DC, West Khasi Hills Nil 250 96 50 54 450DC, West Garo Hills, Tura 17120 240 Nil Nil Nil 17360DC, East Garo Hills Nil 50 Nil Nil 96 146DC, South Garo Hills Nil Nil Nil Nil Nil NilM.P.S.C. Nil 170 Nil 1337 Nil 1507Commissioner of Divisions, Shillong Nil Nil Nil Nil Nil NilPersonnel AR (ARC) Deptt. Nil Nil Nil Nil Nil NilMATI Nil Nil Nil Nil Nil NilD.C. South West Khasi Hills District Mawkyrwat Nil 30 156 Nil Nil 186DC East Jaintia Hills District KhliehriatDC Resubelpara Nil Nil Nil Nil Nil NilDC Ampati Nil 30 Nil Nil Nil 30Commissioner of Division, Tura Nil Nil Nil Nil Nil NilSDO (C) Sohra Nil 40 84 12 Nil 136SDO (C) Mairang Nil 30 Nil Nil Nil 30SDO (C) Amlarem 10 30 Nil Nil Nil 40SDO (C) Dadenggre Nil Nil Nil Nil Nil Nil

102

All India Service Pre-Examination Training Centre Nil Nil Nil Nil Nil Nil

33 PoliticalSectt.Deptt. Nil 80 Nil 506 Nil 586

34 P.H.E.Sectt.Deptt. Nil 70 36 Nil Nil 106Chief Engineer 264 234 1178 10 Nil 1686Pollution Control Board

35 PowerSectt.Deptt. Nil 80 Nil Nil Nil 80M.E.C. Ltd. Nil 200 6954 Nil Nil 7154MSERC Nil Nil Nil Nil Nil NilMNREDA 35 660 Nil Nil Nil 695Senior Electrical Inspector, Inspectorate of Electricity, Shillong Nil Nil Nil Nil Nil Nil

36 Printing & StationerySectt.Deptt. Nil Nil Nil Nil Nil NilDte.of Printing & Stationery Nil 30 120 Nil Nil 150

37 P.W.D.Sectt.Deptt. Nil 90 90 90 Nil 270C.E.PWD(R) 30 1108 Nil Nil Nil 1138C.E.PWD (NH) Nil 2 Nil Nil Nil 2C.E.PWD (B) Nil 80 Nil Nil 324 404Megh. Govt. Construction Corporation Ltd. Nil 10 Nil Nil Nil 10

38 Parliamentary AffairsSectt.Deptt. Nil Nil Nil Nil Nil Nil

39 Meghalaya Bharat Scouts & Guides Nil Nil Nil Nil Nil Nil40 Revenue & Disaster Management

Sectt.Deptt. Nil 558 Nil Nil Nil 558Meghalaya Board of Revenue Nil Nil Nil Nil Nil NilDte.Land Records & Survey Nil Nil Nil Nil Nil Nil

41 SADSAD (A) Nil Nil Nil Nil Nil NilSAD (E) Nil 30 698 Nil Nil 728SAD (N) Nil 20 Nil Nil Nil 20SAD (R) Nil Nil Nil Nil Nil Nil

42 Sports & Youth AffairsSectt.Deptt. Nil 50 Nil Nil Nil 50Dte.of S.Y.A. 50 Nil Nil Nil Nil 50

43 Social WelfareSectt.Deptt. Nil 140 Nil Nil Nil 140Dte.of Social Welfare Nil 228 4 Nil Nil 232Meghalaya State Social Welfare Board Nil Nil Nil Nil Nil Nil

103

State Commission for Women Nil Nil Nil Nil Nil NilCommissioner for Person with Disabilities Nil 10 Nil Nil Nil 10State Commission for Protection of Child Rights Nil Nil Nil Nil Nil Nil

44 Soil & Water ConservationSectt.Deptt. Nil Nil Nil Nil Nil NilDte.of Soil & Water Nil 210 84 Nil Nil 294

45 Sericulture & WeavingSectt.Deptt. Nil Nil Nil Nil Nil NilDte.of Sericulture Nil Nil 60 Nil Nil 60

46 TransportSectt.Deptt. Nil 2399 62 Nil Nil 2461Comnr.of Transport Nil 2354 62 Nil Nil 2416M.T.C. Nil 45 Nil Nil Nil 45Secretary, State Transport Authority, Shillong

47 TourismSectt.Deptt. Nil Nil Nil Nil Nil NilDte.of Tourism Nil 40 Nil Nil 435 475MTDC Ltd. Nil 30 Nil Nil Nil 30

48 Urban AffairsSectt.Deptt. Nil 50 83 Nil Nil 133Dte.of Urban Affairs Nil 70 60 Nil Nil 130Shillong Municipal Board Nil 160 286 Nil Nil 446Jowai Municipal Board Nil Nil Nil Nil Nil NilMUDA Nil 340 384 Nil Nil 724Tura Municipal Board Nil 10 Nil 50 Nil 60Williamnagar Municipal Board Nil Nil Nil Nil Nil NilResubelpara Municipal Board Nil 10 Nil Nil Nil 10Megh. Urban Dev. Agency, Raitong Building, Shillong Nil 10 Nil Nil Nil 10

49 Metrology DepartmentSectt.Deptt. Nil Nil Nil Nil Nil NilController of Legal Metrology Nil 20 10 Nil Nil 30

50 Meghalaya Legislative Assembly 90 Nil Nil Nil Nil 9051 Meghalaya High Court52 Governor’s Secretariat, Raj Bhavan,

Shillong Nil Nil Nil Nil Nil Nil

53 Meghalaya State Information Commission Nil 20 Nil Nil Nil 20

54 Water Resources Department Nil 30 Nil Nil Nil 30Total 19659 41453 36409 3857 31335 132713

104

7.6 As mentioned in the preceding pages, of this chapter the data presented in Tables 7.2.1, 7.3.1 and 7.4.1 may not refl ect the complete picture of the R.T.I. activities that had taken place during the year in the state as some Public Authorities had failed to comply with the legal requirement to furnish the relevant information for the Annual Report. Table 7.6.1 below indicates the names of such public authorities/Departments.

Table 7.6.1

Names of the Departments and Public authorities who failed to furnish requisite information for the Annual Report 2014.

Sl. No. Name of the Department Name of the Public authority

1 Agriculture Secretariat Department2 A.H. & Vety. Dte. of A.H.&Vety.

3 C&RDProject Director, West Khasi Hills, NongstoinProject Director, Ribhoi District, NongpohProject Director, South Garo Hills, Baghmara

4 EducationSecretariat DepartmentMBOSE

5 E.R.T.S.Inspector General of Registration & Superintendent of StampsMeghalaya Commission of Resource Mobilization

6 Food & Civil Supplies Meghalaya State Consumer Disputes Redressal Commission

7 Forest & Environment O/o CCF (WL) Tura8 Fisheries Secretariat Department

9 G.A.D.Offi ce Estate Offi cerZila Sainik WelfareG.A.D.(B)

10 Home (Jails) Secretariat Department11 Health & Family Welfare Secretariat Department

12 HousingSecretariat DepartmentMeghalaya State Housing Board

13 Industries

Secretariat DepartmentMIDCMCCLMKVIBMeghalaya HandloomMHHDCMBCLMEDC Ltd.

105

14 Planning

M.E.D.C.Bio. Resource Development Council, ShillongState Council of Science & Technology & Environment, ShillongShillong Science Centre, ShillongMeghalaya State Planning BoardMeghalaya Rural Development Society, ShillongMeghalaya Resource & Employment Generation Council, ShillongMeghalaya Basin Development AuthorityMeghalaya Institute of GovernanceMeghalaya Institute of EntrepreneurshipScience & Technology Cell

16 Personnel D.C. East Jaintia Hills District, Khliehriat17 P.H.E. Pollution Control Board18 Transport Secretary, State Transport Authority19 Meghalaya High Court

106

Chapter – 8

Key initiatives undertaken by the Government Departments and Public authorities in implementing the R.T.I. Act, 2005

Given below are the initiatives undertaken by different Government Departments in implementing the R.T.I. Act 2005:

Signifi cant Initiatives by Government/Public Authorities to Implement the RTI Act:Record Management, Computerization & Networking, Sou moto disclosures etc.

Reporting Year: 2015

Sl. No

Name of Departments Public Authorities Key Initiatives undertaken during the Year

1 2 31 Agriculture

Sectt.Deptt.

Dte.of Agri.

Computerization of all record has been improved as far as possible1. All programmes and activities of each

development schemes has been strictly followed with a review programme in every month during the staff meeting.

2. Achievement reports both physical and fi nancial was kept record in hard and soft copy which can be produce as and when required.

3. Awareness programme on RTI Act has been included as part in the programme during the farmers training programme conducted in the district as to make people aware of their right under RTI Act 2005.

Dte.of Hort.Care has been taken for proper Record Management and for smooth and transparent disclosure of information.

Megh. State Agricultural Marketing Board, Shillong Nil

2 Arts & Culture

Sectt.Dept.Efforts have been made by this Department to dispose off the applications received as early as possible

Dte.of Arts & Culture Nil3 A.H.& Vety.

Sectt.Dept. NilDte. of A. H. & Vety

107

4 Border Areas Dev.

Sectt.Deptt.

Necessary steps has been taken to supply the information to the public in time as per provision of the Act. This Department has not delayed the supply of information to the Applicant, and for that reason no appeal has been referred either to the DAA as the State Information Commission during the year.

Dte.of BAD

1. Necessary steps has been taken to supply the information to the public in time as per provision of the Act.

2. Schemes/Projects sanctioned have been duly displayed for public information through media networks and Notice Boards in offi ces.

5 C.M.SecretariatSectt.Dept. Nil

6 Cabinet AffairsSectt.Deptt. Nil

7 CommunicationSectt.Dept Nil

8 C&RDSectt.Dept. NilDte.of C&RD NilProject Director, East Khasi Hills, Shillong Record management

Project Director, West Khasi Hills, NongstoinProject Director, Ribhoi District, NongpohProject Director, West Jaintia Hills, Jowai Nil

Project Director, East Garo Hills, Williamnagar

Applicant applied by giving fees seeking informa-tion and relevant information giving within 30 days.

Project Director, South Garo Hills, BaghmaraProject Director, West Garo Hills, Tura Uploaded in the State Website net working.Project Director, South West Khasi Hills, Mawkyrwat Nil

Project Director, North Garo Hills, Resubelpara Nil

9 CooperationSectt.Deptt. NilRegistrar of Cooperative Societies NilMeghalaya State Warehousing Corporation Nil

108

Meghalaya Apex Handloom Weavers & Handicrafts Nil

MECOFED Ltd. NilMSHF Coop.Society Ltd. NilMSCU Ltd. NilThe Meghalaya Coop. Apex Bank Ltd. NilMEGHALOOM Ltd. NilMeghalaya Village Development & Promotion Tourism Cooperative Society Ltd.

Nil

10 District Council AffairsSectt.Deptt. NilKHADC NilJHADC NilGHADC Nil

11 EducationSectt.Deptt.

DHTEDue to non-receipt of appeals from the Public in this institution, nothing has been initiated to imple-ment the RTI during the year

DERT

1. Updated the compendium/template of Department on the RTI website of Meghalaya.

2. Four (4) requests for information was received by the Directorate. Action already taken.

MBOSEDSEL Nil

12 ElectionsSectt.Dept. NilDCs Nil

13 E.R.T.S.Sectt.Dept. NilCom.Tax Nil

Com.Excise

By supporting information in time.All RTI applications if any, is entertained and any related documents pertaining to the application is disclosed and issued within the scope and ambits of the RTI Act 2005.

Inspector General of Registration & Superintendent of StampsDte.of Megh. State Lottery NilMeghalaya Commission of Resource Mobilization

14 FinanceDte.of Accounts & Treasuries Nil

109

Dte.of Local AccountsDte.of Small Savings NilDte.of Institutional Finance NilFinance (EC-1) Deptt. NilFinance (Economic Affairs) Deptt. NilFinance (PR) Deptt. NilFinance (Establishment) Deptt. NilFinance (AF) NilFinance (PC) Nil

Directorate of Local Fund AuditDoes not arise, since no request application was received from any person during the year 2015 for information under the RTI Act 2005

Finance (Budget) NilFinance (EC-II) Nil

15 Food & Civil SuppliesSectt.Deptt. NilDte.of Food & Civil Supplies RTI applications are disposed off in time.Meghalaya State Consumer Disputes Redressal Commission

16 Forest & Env.Sectt.Deptt. NilO/o PCCF Record and maintain in the RegisterO/o CCF ( Social Forestry) - Do-O/o CCF (Research & Training) -Do-O/o CCF (Territorial) - Do-O/o CCF (WL) Meghalaya Shillong -Do-O/o CCF (WL) Tura

17 FisheriesSectt.Deptt.Dte.of Fisheries Nil

18 G.A.D.Offi ce Estate Offi cerDte. of Sainik Welfare NilZila Sainik WelfareG.A.D. (B)

GAD (A)

1. Necessary steps has been taken to supply the information to the public in time as per provision of the Act.

2. Maintenance of Record management of RTI Register for quick disposal of information.

110

19 Home (Police)

Sectt.Deptt.

A Register is maintained in the Department for recording the application received alongwith the application fees and cost of fee collected under Section 4 for dissemination of information.

Director General of Police

Strict instruction have been issued to all concerned branches units to furnish the required information well before the date fi xed.All out efforts is being made to implement the R.T.I. Acts, 2005 in proper manner. Request/appeal seeking any information if any on the records concerning our offi ces/Department will be provided to the applicant expeditiously.The R.T.I. application received during the year 2015 is being disposed accordingly.Crime Statistics: a) Monthly and Annual statistics for the last 10 years

are available in the department website,b) Crime against women available in the department

website. Statistics on accidental deaths and suicides are available in the department website. Daily crime update for public information is available in department website. Contact numbers of Offi cers/P.S/Outposts/Beathouses are available in the department website. List of missing/wanted person/unidentifi ed death bodies with photographs (whenever available) are place in the department website. Various safety tips for general public are made available in the department website.

All efforts being made ensure that all queries un-der the Act are addressed to within the Stipulated time without any unnecessary delay.

20 Home Guards & Civil DefenceSectt.Deptt. NilDte. Of Civil Defence & Home Guards Nil

21 Home (Jails)Sectt.Deptt.Director General of Prisons Nil

22 Home (Passport)Sectt.Deptt. Nil

23 Health & F.W.Sectt.Deptt.DHS (MI) NilDHS (MCH & FW) NilDHS (R) Nil

111

24 HousingSectt.Deptt.

Dte.of Housing

RTI application of Shri B. Nongkynrih forwarded by the Joint Secretary Govt. of Meghalaya, Sectt. Admn. Department (Estt.)RTI application E.Veera Raju forwarded by the Deputy Secretary Govt. of Meghalaya, Housing Department on the copy of the letter from the Deputy Secretary Govt. of Meghalaya & PIO Urban Affairs Department.Required information from Deputy Commissioner, East Khasi Hills District, Shillong – Furnished on 20.1.2015All records (list of benefi ciaries) are being kept at Deputy Commissioner West Khasi Hills District Nongstoin website “ West Khasi Hills.gov.in.

Meghalaya State Housing Board25 Industries

Sectt.Deptt.Dte.of Commerce Industries NilMIDCMCCLMKVIBMeghalaya HandloomMHHDCMBCLMEDC Ltd.

26 Information & Public RelationsSectt.Deptt. NilDte.of I.P.R. Nil

27 Information TechnologySectt.Deptt. Nil

28 Law Law (A) NilLaw (B) Nil

29 LabourSectt.Deptt. NilDte.of Employment & Craftsmen Training

1. Framing and uploading of Citizen’s Charter in the Directorate Web’s Portal.

2. Framing of Result Frame Work Document.O/o Administrative Medical Offi cer Nil

Chief Inspector of Boilers and Factories

The RTI Application received during the year 2015 have been disposed off in time as per the provi-sion of the Act.

112

Sou Moto disclosure and updating of information will be done once the offi ce website is ready and the same is under process with the NIC.

Labour Commissioner Nil

Directorate of Meghalaya Civil Task Force

The Directorate/Offi ce has already procured a computer and printer and this will help in providing informations of any matter required by the public.

30 Mining & Geology

Sectt.Depft. All records are maintained in File and in computer for speedy disposal.

Dte.of Mineral Resources Record, Management, Computerization and Net-working is still going on.

31 PlanningSectt.Deptt. NilProgramme Implementation & Evaluation Deptt.

Updated RTI Manual posted in Department’s website.

Dte. of Programme Implementation & Evaluation Deptt. Updated RTI Manual sent to Government.

Dte.of Economics & Statistics

The Directorate including its District Offi ces is trying to update all information through its various publications released every year. Computers are also supplied to all District Offi ces for smooth and quick updating of offi cial records.

M.E.D.C.Bio. Resource Development Council, ShillongState Council of Science & Technology & Environment, ShillongShillong Science Centre, ShillongMeghalaya State Planning BoardMeghalaya Rural Development Society, ShillongMeghalaya Resource & Employment Generation Council, ShillongMeghalaya Basin Development AuthorityMeghalaya Institute of GovernanceMeghalaya Institute of EntrepreneurshipScience & Technology Cell

32 PersonnelPersonnel & A.R.(A) NilPersonnel & A.R. (B) Nil

113

DC,EK Hills

Replied and furnished to Shri Danniobond Rynjah, Central Executive Member, HYC, vide No.Shel.1/9/2011/PT/2013/84 dated 17.03.2015Replied to Shri Anupam Purkayastha vide No.1/9/201/Pt/2013/79 dated 3.3.2015.Replied to Shri Biswajit Purkayastha vide No.SHEL.1/9/2011/Pt/2013/89 dated 29.4.2015.Replied to Smti. Aniruddha Chakravarty, Lohit AT II. 2nd FL, Flat 7G, Nalinibala Devi Path. Sreenagar, Guwahati 781005. (Assam) vide No.SHEL.1/9/2011/PT/2013/95 dated 15.5.2015.Replied to Dr. Enamul Karim, Deptt. Of Chemistry, St.Anthony’s College, Shillong-793001 vide letter No.SHEL.1/9/2011/T/2013/96 dated 15.5.2015.Replied to Shri Harmit Singh Dhanoa, S/o (L)Bachan Singh vide letter No.SHEL.19/2011/PT/2013/102 dated 22.6.2015.Replied to Miss Esha Gurung vide letter No.SHEL.1/9/2011/PT/2013/106 dated 29.6.2015.Replied and furnished to Smti. Agness Kharshiing vide letter No.SHEL/9/2011/PT/2013/108 dated 3.7.2015.Replied to S. Marpan, Advocate, Shillong Bar Association, Shillong, Meghalaya vide letter No.SHEL.1/9/2011/PT/2013/115 dated 29.7.2015.Replied to Smti Aniruddha Chakravarty, Lohit AT II. 2nd FL, Flat 7G, Nalinibala Devi Path. Sreenagar, Guwahati 781005. (Assam) vide No.SHEL.1/9/2011/PT/2013/117 dated 5.8.2015.Transferred the application to the PIO, O/o Chief Electoral Offi cer, Meghalaya, Shillong vide letter No.SHEL.1/9/2011/Pt/2013/125 dated 21.10.2015.Replied to Shri Praveen Duggal, S/o Shri Krishan Lal Duggal, H-27 Radhey Puri Ext.Part-1, Krishna Nagar Delhi-110051 vide letter No. 1/9/2011/PT/2013/131 dated 17.12.2015Required information from Deputy Commissioner, East Khasi Hills District, Shillong-Furnished on 20.1.2015.Started the process of scanning of old records for future retrieval from computer, if any RTI applica-tion on those records.Case already disposed. Reply vide letter No.EKJ.20/7/2006/69/523 dated 29/10/2015.Case already disposed. Reply vide letter No.EKJ.20/7/2006/67/112 dated 23/3/2015.

114

Initiative undertaking is that applications under the RTI has been disposed within period as specifi ed in the Act. There are no pending cases during the year.Net working-DIO, Shillong.

DC, Ribhoi District Nil

DC, West Jaintia Hills District, Jowai Manual preparation by the Department posted on R.T.I. website by NIC.Jowai

DC, West Khasi Hills

1. Record is being maintain and prepared for Sou-Muto declaration under section-4 RTI Act.2. As per District Housing Offi cer all records (lists of benefi ciaries) are being kept at D.C. Nongstoin website “WEST KHASI HILLS GOV.IN”.3. As per registration branch Sou-Moto disclosures has been sent to the District Informatic Offi cer, Nongstoin to display in the District Website for document registered by this offi ce w.e.f. January, 2015 to August, 2015, vide letter No.NDG(R)20/2015/18, dt.21.09.2015.

DC, West Garo Hills, Tura Prompt disposal of RTI applications.DC, East Garo Hills NilDC, South Garo Hills NilM.P.S.C. Nil

Commissioner of Divisions ShillongRecords are being properly maintained and computerization of Judicial branch is also undertaken for important fi les.

Personnel AR (ARC) Deptt. Nil

MATI

Meghalaya Administrative Training Institute is under the process of upgradation of its offi cial website and upon completion of the same Networking & Sou Moto Disclosures of the Institute will be made ready and available. Initiative towards Record Management and Computerization is under process.

D.C. South West Khasi Hills District Mawkyrwat

Records are being properly maintained and computerization of Judicial branch is also undertaken for important fi les.

DC East Jaintia Hills District KhliehriatDC Resubelpara NilDC Ampati NilCommissioner of Division Tura Nil

SDO (C) Sohra

1. As per scheduled of Summary Revision received from Election Commission of India Form 6,7,8,8A fi led are being maintained. Manuscript pertaining to Revision programme from time to time.2. Maintenance of Register pertaining to issue of EPIC.

115

3. Stock Register of EVM’s maintained.4. Hard & Soft copy of Electoral Roll (Photo & Normal) are being maintained in respect to Revision Programme as announced by Election Commission of India.

SDO (C) Mairang Nil

SDO (C) Amlarem Improvement of Record Management for ease of access in response to RTI in any matter.

SDO (C) Dadenggre NilAll India Service Pre-Examination Training Centre Nil

33 PoliticalSectt.Deptt. Nil

34 P.H.E.Sectt.Deptt. Nil

Chief Engineer Work in progress for total computerization & net-working

Pollution Control Board35 Power

Sectt.Deptt. Through fi le

M.E.C. Ltd.

Files and records are being maintained with each and every application. Soft copies are also being maintained. General information are dissimilated and updated through web. Portal (meecl.net.in)

MSERC NilMNREDA Through fi leSenior Electrical Inspector, Inspectorate of Electricity, Shillong Nil

36 Printing & StationerySectt.Deptt.

Dte.of Printing & Stationery

1. Necessary steps has been taken to provide information to all the R.T.I. applications timely.2. All informations advertisements in the Megha-laya Gazette which are posted in the website for public awareness is still continuing.

37 P.W.D.Sectt.Deptt. NilC.E.PWD(R) Nil

C.E.PWD (NH) Maintenance of RTI Register for quick disposal of information.

C.E.PWD (B) NilMegh. Govt. Construction Corporation Ltd. Not in particular

116

38 Parliamentary AffairsSectt.Deptt. Nil

39 Meghalaya Bharat Scouts & Guides Nil40 Revenue & Disaster Management

Sectt.Deptt. NilMeghalaya Board of Revenue NilDte.Land Records & Survey Nil

41 SADSAD (A) NilSAD (E) NilSAD (N) NilSAD (R) Nil

42 Sports & Youth Affairs

Sectt.Deptt.The record is being maintained in the separate Register specifi cally for RTI for all information received by the Public Authority.

Dte.of S.Y.A. Nil

43 Social Welfare

Sectt.Deptt. Nil

Dte.of Social Welfare

Record of requests for information and disposal of requests are being maintained in the Register.No application received during the year.Register for records on R.T.I. are being maintained in the offi ce.Information to all the scheme undertaken by the offi ce was made available and transparency is maintained.Formats are upload at regular internets.Initiative undertaken.

Meghalaya State Social Welfare Board

Internet package for the Meghalaya State Social Welfare Board has been taken up with the State Informatics Offi cer, National Informatics Centre (NIC), Shillong for connection and e-Offi ce implementation.The matter has also been processed to Central Social Welfare Board, New Delhi.

State Commission for Women NilCommissioner for Person with Disabilities Nil

State Commission for Protection of Child Rights Nil

117

44 Soil & Water Conservation

Sectt.Deptt.

Prompt Action in all queries.SOU MUTO DISCLOSURESDisposal of First requests within the stipulated frame maintain Registers, Receipt Book etc.Relevant records are kept properly in documen-tary and Electronic Form, as much information sought by applicant under R.T.I. Act, 2005, could be disposed off accordingly.Record Management-R.T.I. Fits maintained.

Dte.of Soil & Water Nil

45 Sericulture & Weaving

Sectt.Deptt. Nil

Dte.of Sericulture Nil

46 Transport

Sectt.Deptt.

Commissioner was instructed to issue Notifi cation to all Districts, to which the District offi ces have complied with all the applications received under RTI and attempts were made to dispose of application within the time prescribed by the Act. On certain occasions, though the RTI applications were received late, prompt action is taken up to ensure that reply to the RTI application is disposed of on time. Also for replies which used to send through the post offi ce only, most of the letters were received late from Post Offi ce and in such cases, information sought could not be disbursed in time.

Comnr.of Transport

Notifi cation etc. has been issued to all the con-cerned Districts of the State. All applications at-tempt to dispose off as fast as possible.

The offi ce complies with all the applications under RTI, act with in 30 days as stipulated in the act.

This offi ce mode is sincere attempt to dispose off application as fast as possible.

Notifi cation etc. of the RTI Act duly publicized and hanged in the offi ce Notice Board.

118

Though the RTI applications reached offi ce very late, prompt action is taken up the ensure that reply to the RTI applications done in time.The limited offi ce staffs of the undersigned are trying their level best to response to the information sought.Interrupted power supply, network failure problem is always there but we are trying level best and ability to make sure that it does not affect our working system by giving reply in right time.All the information sought under RTI, Act, 2005 use to send through the post offi ce only. Most of the letter were received very late from post offi ce so in this regard the information sought could not be disbursed in time.

M.T.C. NilSecretary, State Transport Authority, Shillong

47 TourismSectt.Deptt. Nil

Dte.of Tourism

Sou Moto public proactive disclosures Sec-4 of RTI act, 2005Sec-4 (1) (b)(i)Sec-4 (1) (b) (Xvi)Sec-4 (1) (c)Sec-4 1 (b) (vi)

MTDC (Ltd.) Nil48 Urban Affairs

Sectt.Deptt. NilDte.of Urban Affairs NilShillong Municipal Board NilJowai Municipal Board Record manage through Register & fi les etc.MUDA NilTura Municipal Board NilWilliamnagar Municipal Board NilResubelpara Municipal Board NilMegh. Urban Dev. Agency, Raitong Building, Shillong Nil

49. Metrology DepartmentSectt.Deptt. NilController of Legal Metrology Nil

50 Meghalaya Legislative Assembly Nil51 Meghalaya High Court

119

52 Governor’s Secretariat, Raj Bhavan, Shillong Nil

53 Meghalaya State Information Commission Nil

54 Water Resources Department Necessary steps have been taken to provide information to all the R.T.I. application within the stipulated time. Records are also maintained by the Department.

120

121

Request for Information and Appeal under different provision of RTI Act and its Process.

Public Authority (Section 2(h))

Filling of application to the PIO/APIO (Section 6 (1)) along with fee

PIO to provide information within 30 days or reject the request as given in Section 8 & 9 of the Act

(Section 7(1))If information sought for is concerning with life or liberty

of an applicant, it has to be provided with 48 hours

If RTI application is rejected, PIO has to inform the applicant with reasons and FAA can be made under

Section 7(8) within 30 days (Section 19(1))

If accepted, PIO to examine the application and follow the procedure

(Section 11) and to provide information within 30 days Section 7(3)

DAA to dispose off an appeal within 30-45 days

On payment of fees, provision to be provided with 30 days. Section 7(5)(6)

but fee for BPL is exempted

If appeal is not accepted Second Appeal to CIC/SIC can be fi led within 90 days Section 19(3)

If second appeal is accepted, CIC/SIC shall ask the PIO/APIO to provide information and can also

penalize (Section 20)

If aggrieved, citizen can appeal to High Court/ Supreme Court

1 Appropriate

Govt. Sec-2(a)

2 Competent Authority Sec-2(e)

3Applicability

Sec-2(e)(f)(h)

4Public

Authority Sec-2(h) 5

RecordSec-2(i)

6Information

Sec-2(f)

7Third Party Sec-2(n),

11(1

8Proactive Disclosure

Sec-4

9 PIO/APIO

Sec-510

Req for infSec-6

(1)(2)(3)11Fees Sec-6-(1),7(5)&7(6)12

Time Limits Sec-7(1)(3a)

13Exemptions Sec-8 & 10

14No Access

Sec-9

15Deemed Refusal Sec-7(2)

16Rejections

Sec-8,9&24

17Complaints Sec-18(1)

18Appellate Authority Sec-19(1)

19Legal Power

Sec-18(3)

20Information Commission Sec-19(3)n

21Burden on PIO Sec-19(5),21

22Compensa-

tion Sec-19(8)(b)

23Penalty Sec-

20(1)(2)

24Overriding

Effect Sec-22

25Court Bar Sec-23

26Non

Applicability Sec-24

RTI ACT 2005TRANSPARENCY & ACCOUNTABILITY

GOVERNANCE

DPS (Press Wing) 1/16/MIC (Shillong) - 500 copies, 3.7.2016

10th Annual Report 2015

Documents

Transcript of 10th Annual Report 2015