Higher Education Director penalized under RTI Act
By a Staff Reporter Sentinel Assam

GUWAHATI, June 24: Asom Chief Information Comm-issioner (CIC) RS Mooshahari has 
imposed a penalty at the rate of Rs 250 a day of the delayed period on Higher 
Education Director HK Sahoo and PIOs of his department for their alleged delay 
in furnishing information in response to an application submitted by a disabled 
youth. The penalty, however, will not exceed Rs 25,000.

The CIC has imposed the penalty under Section 20(1) of the RTI Act following a 
hearing before the full bench of the commission last month in response to a 
prayer placed by Ajoy Kumar Sarmah, president of the All Assam Disabled 
Development Union.

The commission also decided to award compensation to the complainant under 
Section 19(8)(b) of the Act for the harassment caused to him by the Office of 
the Director, Higher Education. The next hearing of the case has been fixed on 
July 10.

Sarmah, despite being an orthopedic handicapped, had to run from pillar to post 
seeking information on the status of the backlog posts reserved for disabled in 
as many as 11 Government departments, including Higher Education Department. 
Sarmah had submitted his first application in this regard on July 12, 2006.

The Persons with Disability Act, 1995 demands 3 per cent reservation of grade 
III and grade IV jobs for 3 categories of disabled — orthopedic handicapped, 
blind and deaf and dumb (1 per cent each for each category) in Government 
departments. It is worth mentioning here that several disabled bodies are 
struggling for full implementation of the Act in Asom.

The commission observes: “This insensitive attitude of the Director, Higher 
Education, and the PSO of his office towards a member of public, particularly 
disabled section of the society, was highly inexcusable.” The reported refusal 
on the part of the Director, Higher Education, to receive the application fees 
in cash from the petitioner, who is a disabled person, and asking him to 
deposit a new bank draft purely on technical ground spoke volume of the apathy 
of the authorities concerned, said the Commission.

It further said the Higher Education Director, on one hand, informed the 
Commissioner and Secretary of the department on August 30 that the petitioner 
had not deposited the application fees and, on the other, he had sent a letter 
to the petitioner on the same date stating that he was not the appointing 
authority of the staff of universities and colleges, and that a circular had 
been issued to all concerned vide office letter dated April 1, 2003 for 
reservation of 3 per cent jobs for disabled in educational institutions, ‘which 
is totally contradictory and misleading.’

After a prolonged agony, Sarmah allegedly got a ‘fractured’ information which 
hardly served the purpose of his application. “For instance, the information 
provided so far by the Higher Education Directorate shows there is no third 
grade and fourth grade staff in the Guwahati Commerce College and Silchar 
Gurucharan College,” he said, while talking to The Sentinel. The information 
has also failed to make any mention about the number of backlog posts lying 
vacant in the department, he added.

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