Annual Report-2016 20210423.Pdf

CHAPTER – 1

SIKKIM INFORMATION COMMISSION The Sikkim Information Commission was constituted on 12/07/2006 vide Government of Sikkim Notification No.27/Gen/DOP dated: 05/08/2006 with its headquarter at Gangtok. The present incumbent Shri K.T Chankapa IAS (Retd.) assumed charge of the office of the Sikkim State Chief Information Commissioner on 29/07/2013. The Right to Information Act, 2005 prescribes that the State Government shall provide the State CIC with such officers and staff as may be necessary for the efficient performance of his duties and functions under the Act and the salaries and allowances payable to and the terms and conditions of services shall be such as may be prescribed. To enable the Commission to function effectively, the following manpower have been posted to the SIC by the State Government on deputation:-

Sl.No. Name Designation Office No. 1 Shri Jigmee Dorjee Bhutia Secretary 03592205465 2 Shri Abinash Rai Dy. Secretary 3 Mrs. Tshering Choden Bhutia Law Officer 9434410292 Shri Phurba Lepcha Office 4 Superintendant 9474018112 5 Shri Bhim Lall Nepal Steno-I 9434137356 Shri Arjun Rai Assistant 6 Programmer 9002276315 7 Mrs. Pratiwa Bantawa Accountant 7557002152 8 Shri Raju Chettri Steno-III 9609853383 9 Mrs. Bishnu Bagdas UDC 9832344363 10 Shri Harka Raj Rai Accounts Clerk 9564350625 11 Shri Namfang Lepcha Driver 9733414173 12 Shri Padam Kumar Darjee Driver 9775415264 13 Shri Ashif Tamang Peon 9609120511 14 Mrs. Khusmaya Sunwar Peon 9563194801 15 Shri Wangyal Bhutia Peon 9635972393

The following employees have been engaged by the Commission under muster roll establishment on need basis:-

Sl.No. Name Designation Contact No.

1 Mrs. Netra Chettri LDC (MR) 9593982587

2 Shri Tenzing Lepcha Peon (MR) 9474018112

3 Miss. Phuti Sherpa Peon (MR) 8001355964

4 Miss Ambika Rai WHG 8768732043

5 Shri Ugen Gyatso Ladingpa HG 8348821278

6 Shri Sanjeev Bardewa Driver (MR) 9832315937

8 Shri Dal Bdr. Chettri Driver (MR) 9735858002

7 Shri Sonam Dawa Bhutia Driver (MR) 9 Mrs. Sarika Balmiki Safaikarmachari 9002206397 (Consolidated)

Powers and functions of the SCIC, Officers and Employees of SIC U/s 4 (1) (b) (ii)

Sl.No. Name Designation Power & Functions

1. Shri K.T.Chankapa (Retd.) IAS State Chief Uner sub-section (4) of Information section 15 of the RTI Act, Commissioner 2005 the general superintendance, direction and management of the affairs of the State Information Commission in Sikkim, vests upon the State Chief Information Commissioner and may exercise all such powers and do all such acts and things which may be exercised or done by the State Information Commission autonomously without being subjected to directions by any other authority as under this Act.

Administration

Sl.No. Name Designation Duties/Responsibilities

1. Shri Jigmee Dorjee Bhutia Secretary HOD. Overall I/C of the Administration. Also as FAA and Registrar of the Commission)

2. Shri Abinash Rai Dy. Secretary Entrusted with the implementation of schemes & promotional activities of the Commission. Administration, Drawing & Disburshing Officer.Proposals for amendment in RTI procedures and Rules.

3. Shri Topgay Bhutia U.S Administrative

4. Shri Bhim Lall Nepal Steno-I P.A to Secretary, SIC. Any other assignments as and when directed by the Commission.

5. Shri Arjun Rai Asstt. SIC Website and I.T system Programmer mamagement and maintenance. Any other matter assigned from time to time.

6. Shri Raju Chettri Steno-III P.A to HCIC. Any other assignment as and when directed by the State Chief Information Commissioner.

7. Smt. Bishnu Bagdas UDC Administrative matters and any other assignments entrusted from time to time.

Accounts Section

Sl.No. Name Designation Duties/Responsibilities

1. Smt. Pratiwa Bantawa Accountant Management & operation of Finance and Accounts matter of the SIC. Responsible for internal and external audit of the Commission.

2. Shri Harka Raj Rai Accounts Clerk Finance & Accounts matters

Legal Section

Sl.No. Name Designation Duties/Responsibilities

1. Smt. Tshering Choden Bhutia Law Officer Registering appeals & complaints, generating cause lists, summoning parties, disposing of cases after the verdict and keeping safe custody of the order sheet as also uploading the details in the Commission website. Function as ASPIO of the Commission any other assihgnments of the Commission.

2. Smt. Netra Chettri LDC on MR Assist Law Officer with Basis works pertaining to Legal Section, etc.

Skilled “C” Grade Technical Employees of SIC

Sl.No. Name Designation Duties/Responsibilities

1. Shri Namfang Lepcha Driver Stand by driver of the SIC. Additional duty of office peon.

2. Shri Padam Kumar Darjee Driver Attached to Officer Vehicle No.Sk01G2656

3. Shri Sanjeev Bardewa Driver (M/R) Attached to Officer Vehicle No. SK01G2223

4. Shri Dal Bdr. Chettri Driver (M/R) Attached to Officer Vehicle No. Sk01G2016

5. Shri Sonam Dawa Bhutia Driver (M/R) Attached to Officer Vehicle No.Sko1G0064

6. Shri Dupchen Machangpa Driver (M/R) Attached to Officer Vehicle No.SK01TR 993

Group “D” Employees of SIC Sl.No. Name Designation Duties/Responsibilities

1. Shri Ashif Tamang Peon Dak duty/attached to Finance & Accounts section

2. Smt. Kushmaya Sunar Peon Usual Works of Gr. D employees Attched with Admin section

3. Shri Wangyal Bhutia Peon Attached with CIC. Shall performs duties of process server and other duties as well.

4. Shri Tenzing Lepcha Peon (M/R) Attached with Law Officer, SIC.

5. Miss Phuti Sherpa Peon (M/R) Attached with Dy. Secretary and shall perform other duties as well.

6. Shri Sarika Balmiki Safaikarmachari(Part Sweepers assignment in the Time) SIC

Home Guards Personal Deployed Under SIC

Sl.No. Name Designation Duties/Resppnsibilities

1. Miss Ambika Rai WHG Security of SIC

2. Shri Ugen Gyatso Ladingpa HG Security of SIC

Website of the Commission In view of the potential of I.T and electronic media to enable people to have access to information, the Commission designed and launched its website on 14th November 2014. The website is hosted by the NIC. All the voluntary RTI disclosures of the public authorities in terms of section 4(1) of the Act have been uploaded in the Commission Website among other important information. Since only a few public authorities have launched their websites and many are yet to publish their voluntary disclosure in print media, citizens can see information by accessing the Commission website which is www.cicsikkim.gov.in.

Glimpses of some of the promotional activities of SIC in 2016

Picture taken during Public Awareness and sensitization Programme on RTI Act, 2005.

Date: 14/07/2016 Venue: Martam Nagitam GPU, East Sikkim

Date: 20/07/2016 Venue : Dikchu Sr. Sec. School, North Sikkim

Date: 20/08/2016 Venue: Luing Parbing GPU, East Sikkim

Date: 30/09/2016 Venue: Assam Lingzey Sr. Sec. School, East Sikkim

Date: 15/12/2016 Venue: Rangpo Nagar Pamnchyat Hall, East Sikkim

RTI Week – 2016, Celebration in Sikkim – CSS Programme The Commission organised RTI Week awareness programmes on the RTI Act, 2005 at different areas of Sikkim which were not covered earlier viz. Lamaten GPU and Pakyoung Community Hall in East District, Zilla Panchyat Bhavan (Mangan) in North District, Kitam Manpur GPU and Sadam Suntaley GPU in South District, Yuksam BDO Office and Dentam GPU in West District and at M.G.Marg in East District. The target group were all the members of the Panchyats, Teachers and senior level students, self help groups and general public of those areas who were made aware of the provisions of the RTI Act. Participants showed keen interest about their right to information which made the entire programme very interactive and fruitful.

Date: 17/10/2016 Venue: Lamaten GPU, East Sikkim

Date: 18/10/2016 Venue: Pakyong Community Hall, East Sikkim

Date: 20/10/2016 Venue: Zilla Panchyat Bhavan, Mangan, North Sikkim

Date: 21/10/2016 Venue: Kitam Manpur GPU (South Sikkim)

Date: 22/10/2016 Venue: Sadam Suntaley GPU (South Sikkim)

Date: 24/10/2016 Venue: Yuksam BDO Office (West Sikkim)

Date: 25/10/2016 Venue: Dentam GPU (West Sikkim)

Date: 28/10/2016 Venue: M.G Marg, Gangtok (East Sikkim)

STATEMENT OF TRANSPARENCY OFFICER/APPELLATE AUTHORITY/SPIO/ASPIO RECEIVED FROM DEPARTMENTS/PSUs.

Sl.No. Name of Department Transparency Officer Appellate Authority SPIO ASPIO Phone No. & Fax No. & website 1. Animal Husbandry LF Dr. T.T.Bhutia, Addl. 1. Dr. N.K. Rai, Director (VS) 1. Dr. P.K. Pradhan, 1. Dr. N.M.Cintury, Dy. sikkim- & VS Department Director (Stat) 9434184216 Additional Direcor, Director (West) ahvs.gov.in 9932321944 1. Dr. Sangay D.Bhutia, Addl. (E&T) 9434179031 9733047890 Director (East) 9434127258 2. Dr. Puspa Kala Rai, 2. Dr. D.P.Pradhan, Jt. 2. Dr. S.K.Subba, Addl. Additional Director (East) Director (North) Director, (VS) 9609833698 9434241634 9932706073 3. Dr. K.T. Bhutia, Jt. 3. Dr.Sanjay Pradhan, Jt. Director (North) Director (West) 9733051860 9434179407 4. Dr. Tilotama Bajgai, Jt. 4. Dr.Arthalal Rai, Dy. Director (South) Director (South) 9434033008 9800815776

(a) Directorate of Fisheries Shri. Sunil Pradhan, Additional Shri C.S Rai, Jt. (i) Shri. Man Kumar sikkim- Director Director-II Rai, ahvs.gov.in Mobile No: 9434109803 U.S/Gangtok/East (ii) Shri Devi Bdr. Rai Jt. Director/East (iii) Shri Chuman Singh Rai, Jt.Director/South Dist. (iv) Shri Nagendra Dhakal , Dy. Director/North Dist.

2. Buildings & Housing Shri Karma Pintso Tshering 1. Smt. Asha Gurung, 1. Shri. Sonam Pinsto Department Bhutia, Addl. C.E (S/W) Addl. C.E (Project) Bhutia, DE (South) Gangtok 9733017987

9434486522 2. Shri Bidlat Rai, D.E 2. Shri Karma Chopel (N/E) Gnagtok Bhutia, Director 9647859299 Gangtok 3. Shri. Saurav 9434025574 T.Lepcha (HQ) - 3. Shri Gozing 9434408980 Lachenpa, S.E 4. Shri. Karma Yangtey, (S/W) South DE (Project I) 9434137306 Gangtok 4. Shri Sonam Dorjee 9474529106 Bhutia, S.E(N.E) 5. Shri. Karma Samdup, Gangtok DE (Project II) 9434103194 Gangtok - 5. Smt. Yogita Rai, Jt. 9434164467 Chief Architect, 6. Shri. Sonam T. Gangtok Kalyon, 9434110063 DE (Electrical) 6. Shri M.M. Pradhan, Gangtok S.E(Electrical) 9832626526 Gangtok 7. Mrs. Dipika Rai, U.S 9564929319 (Adm.) Gangtok 7. Shri Karma Tsh. 9434235675 Lepcha, Addl. 8. P.B Chettri, A.O Secretary, Gangtok Gangtok - 7319565234 9434204020 South West Planning Division Division 9. Pravakar Basnet, D.E 8. Shri. Thupden Planning Division Lachungpa, DE West Division (West) 10. Naween Kr. Gurung, 9434080051 D.E /West District Planning Division Store Division 9. J.B Basnet, 11. Phurba Bhutia, S.E/Planning & A.E/Store Division Store Division

3. Commerce & Shri. S.K. Pradhan, Director, 1. Shri. Pempo T. 1. Laxmi N.Nepal, Ph No. Industries Department Mobile No:9593885581 Pulger (Joint Deputy 2026174, Secretary Secretary/Gangtok 202318, Fax: 9434030146 2. Smt.Yashel Doma 202670 2. Shri Karma Sonam Lepcha, U.S/Gangtok Bhutia, 3. Shri Prem G.M/DIC(E/N) Gurung,U.S Deorali DIC(E/N) Deorali 3. Shri Sungder 4. Smt. Rinzing Choden, Sherpa, D.S/DIC(S/W) G.M/DIC(S/W) Jorethang Jorethang 5. Shri Lhaden Tshering 4. Shri Gyurmie Bhutia, Yousal, Manager/Temi Tea CEO/Sikkim Khadi Estate & V.I.B 5. Shri Pawan Awasthy, M.D/GFPF, Singtam 6. Ms Mrinalini Shrivastava, IPS, MD/Temi Tea Estate (a) Directorate of Smt. Jyotshna Mary Kartthak, Mr. Karma Samten Mr.Jigme Pintso Bhutia, Phone: Handicrafts & Director 03595203126 Bhutia, Jt. Director Asstt. Director (P) 03592- Handloom (M/S) 9593605456 9679183707 203126, Fax: 203126, E- mail: director.dhhsi kkim@gmail. com (b) Sikkim Village & Khadi Shri. Gyermie Yousal, Chief Shri. K.N. Sharma, K.B. Chettri, Asstt. Industries Board Executive Officer, Ph. Executive Officer (Adm.) 9832070634 No:281221, Mobile No: Tel No. (O) 281810, 9434080499 Mob. No. 9434109806

4. Cooperation Mrs. Jabi Thapa, Joint 1. Shri. R.K. Gautam, Pr. 1. Ms. Karma Ongmu, 1. Shri K.P Sharma, Dy. coop- Department Registrar(I) Registrar (HQ) Joint Registrar(HQ) Registrar (HQ) sikkim@yaho 9434025280 9434033233 9434868010 o.com 2. Shri Tulshi Pradhan, Addl. 2. Shri Sonam Bhutia, 2. Shri Atish Rai, Asstt. Registrar (East) 9434103730 Dy. Registrar (North) Registrar (East) 3. Shri Wangchuk Bhutia, Jt. 9775452195 8509758180 Registrar (West) 9434191528 3. Shri P.T Lama, Dy. 3. Shri Yougal Kishor 4. Shri Sonam Dadul, Jt. Registrar (West) Pradhan, Audit Registrar (North) 9733029128 Officer 9474058753 4. Ms.Sewan Rai, Dy. (North)9593881213 5. Shri Matrika Khatiwada, Jt. Registrar (South) 4. Ms. Sabina Rai, Registrar (South) 9434257557 Asstt. Registrar 9475979358 5. Ms.Chanda Rani Rai, (West) 9733027181 6. Ms. Pema Ongmu Bhutia, Jt. Dy. Registrar (East) 5. Shri Laxuman Rai, Registrar (East District) 9434407226 Asstt. Registrar (South) 9641761744

5. Cultural Affairs & Smt.Vidhya Subba, Smt.Vidhya Subba, Special S.T.Gyatso, Shri. C.K. Sharma, Heritage Department Special Secy. Secy. Joint Director Under Secretary I (Archives) Mobile No:9475543416 Mobile No:9434117484

6. Department of Shri.Mansai Rai, SCS, Addl. Passang Wangdi Shri.Anil Kumar Bagdas, Personnel Adm Secretary Bhutia, Jt. Secretary SCS,Under Secretary Reforms, Trg. & Mobile No:9434152927 Mobile No:9832370481 Public Grievance (a) AATI Smt. Siphora Targain, Smt. Siphora Targain, Director Smt. Bibhuti Pradhan, Mrs. Sonam Chhoki Director Dy. Secretary Yonzon, U.S 9734042435 9593888658

7. Development Planning Shri Sonam Y.Lepcha, Shri Sonam Y.Lepcha, Special Ms.Norzing Tshering, Ms. Tshering Lhaden Economic Reforms & Special Secy-II Secy-II Addl. Secy Lacungpa, Dy. Secy-III North Eastern Council Affairs Department

(a) DESM&E Shri. T.R. Dahal, Shri. Thupden T. Geleg, Tel: (03592) Deputy Director Assistant Director 221546 Mobile No: 9832055268 Fax: (03592) 206125 8. Ecclesiastical Affairs Ms.Samten Dolma, Shri. Karma Tenzing, Shri Kitar Sherpa, Joint Chungki Lhamu, Dy. Department Secretary/IAS Additional Secretary Director 9932825622 Secretary Mobile No: Mobile No: 8670655246 9593385933

9. Election Department Tenzing Geleg, CEO Tenzing Geleg, CEO Urvashi Poudyal, Jt. Mr. Tashi Tshering 03592- CEO Bhutia, Joint Director 202539 10. Energy & Power Shri A.B.Rai, PCE 9593274604 1. Ms.C.C.Bhutia, Spl. 1. Mrs. Champa Department Secy (HQ) Sharma, U.S (HQ) 9434033015 96355781643 2. Shri Binod Sharma, 2. Shri Arvind Rai, D.E C.A.O(HQ) (HQ) 9434722252 9433412725 3. Shri Ramesh 3. Shri H.B Subba, Pradhan, D.E/West Addl. C.E (HQ) 9593274606 9733323757 4. Shri Sonam Wangdi 4. Shri Devendra Bhutia, Executive Pradhan, ACE, Engineer9434064652 Mechnical/HQ (North) 964788135 5. Shri B.K.Rai, D.E 5. Shri K.C. Sharma, (South) 8976515055 S.E (Civil)/HQ 6. Ms.Raksha Nepal, A.E (HQ)9800110776 7. Shri Sandeep Silal, A.E (HQ) 9933761142

11. Excise Department Smt. Yasodha Smt. Yasodha Bhandari, 1. Mrs. Benita Chettri, 1. Shri Chenga Bhandari, Secretary- Secretary-Cum-Commissioner Spl. Commissioner Bhutia,Dy. Cum-Commissioner 9434921367 7872022811 Commissioner 9434921367 2. B.K.Lama, Addl. Jorethang South Secretary District, South /West 9635819454 District 94747-22677 2. Shri L.P. Kharel, Deputy Commissioner (North/East District) 96478-73035 3. Benita Sharma, Dy. Commissioner (HQ) 9434153191 4. Mrs. Princy Palden Dhondup, Sr. A.O, Acctt. Section

12. Finance Revenue & Shri. Aruni Shri. Govind Kaushik, Shri B.K Karkidoli Smt.Sharmistha Rai, 03592200200 Expenditure Chakraborty, Director of Accounts Addl. Secy. Deputy Secretary 03592202792 Department Director(Budget) Mobile No: 9434710413 9434174684 9933707064 www.sikkimf Mobile No: red.gov.in 9474649500 (a) Directorate of Sikkim Mrs. S.Shenga, Director Mr.N.D.Bhutia, Joint Mr.B.B.Bardewa, Sr. www.sikkiml State Lotteries 03592280277 Secretary 03592280226 Accounts Officer otteries.com 035922280225

(b) Treasury Pay & Shri. Aruni Shri. Govind Kaushik, Shri B.B Subba, Addl. Mrs. K.P. Sapkota, Accounts Office (HQ) Chakraborty, Director of Accounts Director CPAO Director(Budget) Mobile No: 9434710413 Mobile No: 9434871217 Mobile No: 9474649500 (c) Office of the Director Shri H.P Sharma Shri. Hari Pd. Sharma, Director Shri. Tarzan Subba, Shri. T.T. Tamang, sikkimfred.go Pension, Group SFAS, PGIPF SFAS, Chief Accounts SFAS,Sr. Accounts v.in Insurance & Provident Mob:9475011694 Officer Officer Fund Finance, Rev. & Mob:9733092007 8670242110 Expenditure Department

(d) Commercial Tax Smt.Dipa Basnett, Sply. Secy. Shri. Manoj Rai, Joint Shri. Choden Gensapa, 9832028369 Division Cum Commissioner Commissioner Dy. Commissioner 9733001867 Mobile No. Mobile No. 9733001867 sikkimtax.go 9932028369 v.in

1. Mr. Pintso Namgayl 13. Food & Civil Supplies Mrs. Ganga Mrs. Ganga D.Pradhan, Special Ms. Dicky Yangzom Bhutia, Jt. Director & Consumer Affairs D.Pradhan, Special Scretary Barfungpa, Addl. (East) 9733271222 Department Secretary 03592-202214 Secretary. 2. Mr.Anil Sikdel, A.D 9434084722 (HQ) 9832344649 3. Mr.Dilip Sharma DCSO (West) 9733283855 4. Mr.Palden N.Lachungpa DCSO (North) 8145896216 14. Food Security & Shri K.K Pradhan, Director, FS Shri. Devi Lall Chettri, Shri. Mani Kumar Agriculture & AD Department. Additional Executive Pradhan, Additional Department Mob.No.9832017868 Director - I, SOM Director, SOM. Ph. No. Dr. S. Anbalagan, Executive 9775962939 9002770062 Director, SOM, FS & ADD 9733060033

15. Forest, Env. & Wildlife Shri. Bhim Singh C.S. Rao, CCF-cum-PD 1. Y.P Gurung, 1. C.C Lachungpa, Management Siktel, IFS, 9434013001 Conservator of Asstt. Conservator of Department Conservator of Forest Forest (HQ) Forest/Territorial (FCA) (Territorial Circle) Chungthang 9002958804 7872970612 2. N.W Tamang, 2. PEma D Lachungpa, Conservator of Asstt. Conservator of Forest Wildlife Forest/Territorial/Nor Circle (HQ) th 7407182996 9434153023 3. James S Lepcha, 3. B.P PRadhan, Asstt. Conservator of

Conservator of Forest/Wildlife/Gtk. Forest Working Plan 4. C.P Sharma, Asstt. Circle (HQ) Conservator of 9434722098 Forest/Social 4. J.B Subba, Director, Forestry/Gtk. KNP.KBR/HZP 5. Yap Tsh. Bhutia, (HQ) 9933114007 Asstt. Conservator of 5. Sonam Choden, Forest/Env. & Soil Addl. Director Conservation/Gtk Sericulture (HQ) 9593387560 9434179126 6. Smita Shilal, Asstt. 6. B.K Chettri, Sr. Conservator of Scientific Officer Forest/Territorial/Ron State Pollution gli Sub-Division Control Board (HQ) 9749898690 7. K.D Rechung, Addl. 7. Bhumika Rai, Asstt. Secretary (HQ) Conservator of 9434425475 Forest/Territorial 8. Norbu Dadul, Chief Pakyong Sub- A.O (HQ) Division 9474355888 9434409275 8. Sherap D Sangdarpa, 9. Sugen M Saring, Asstt. Conservator of D.F.O Forest/Env. & Soil Terrotorial/North Conservation/Namchi 9434488499 Sub-Division 10. Dazom Lachungpa, 9474648725 D.F.O Env. & Siol 9. Tshering Denka Conservation/North Bhutia, Asstt. Division Conservator of 9434409507 Forest/Territorial/Gya 11. Namgyal T Bhutia, lshing Sub-Division DFO Social 7597992717 Forestry/North 10. Nisha Subba, Asstt. Division Conservator of 9434127196 Forest/Wildlife/West 12. Sunil Kumar, DFO District 95933385156 Wildlife/North 11. Tenzing Norbu Division Bhutia, Asstt.

9474150777 Conservator of 13. Nombi Bhutia, DFO Forest/Territorial Territorial/East Soreng Sub-Division Division 8371886244 9593982796 12. Hem Bdr. Rai, Asstt 14. Sangay G Bhutia, Conservator of DFO Wildlife/East Forest/Himalayan Division Zoological Park, 9933025113 Bulbuley 15. R.P Sharma, DFO 8116612068 Territorial/ South 13. T. B Subba Estate Division Manager (HQ) 9474532328 9439256950 16. Nischal Gautam, 14. Shewani Pradhan, DFO Wildlife/South Asstt. Conservator of Division Forest Forest (State 17. Tshering Pintso Biodiversity Board) Bhutia, DFO 9609878402 Territorial /West 15. Kamal Subba, Asstt. Division Conservator of Forest 9733460507 (Conservation) Act 18. Kusum Gurung, Cell (HQ) DFO Env. & Soil 9609554555 Conservation/West 16. Ranjan Rai, Asstt. Division Environment 9002256631 Engineer (SPCB) 19. Sudhir Gurung, 17. R.P Rai, Asstt. DFO Social Director/Sericulture Forestry/West (HQ) Division 18. B.L Bhattarai, Asstt. 9434169556 Conservator of Forest 20. Karsang Lama, DFO (EPC) Wildlife/West Division 9479523969 21. N.Jaswant, Technical Asst to Principal Chief

Conservation of Forest (HQ) 8900577320 22. Arun Thapa, DFO (Stores) (HQ) 9832035958 23. Smt. Rajani Bhandari, Joint Director (Utilization and Parks & Garden)

16. Health Care Human Dr. Rinzing Dorjee, Principal Mrs.Kincho Doma Mr.Deepa Sharma, Dy. Services & Family Director – II (HQ) 9434137465 Lepcha, Jt. Secretary Secretary (HQ) Welfare Department (HQ) 9434446946 9434408838 17. Home Department Shri Pratap Pradhan, Shri. S.K. Pradhan, Secretary Mrs. D.K Chettri, Addl. 1. Mrs.Mingma Diki Special Secretary (Protocol) Secretary (P) Sherpa, Jt.Secy. (P) 9434126821/80162845 Section 31 2. Mr. Bhoj Raj Pradhan, Sr. Accounts Officer, Account Section 3. Mr. Jigme Wangchuk Bhutia, Dy. Secy. Conf. Section (i) Sikkim House Shri Pratap Pradhan, Shri. S.K. Pradhan, Secretary Ms.Monalisa Dsh, Special Secretary (Protocol) Additional Resident Commissioner

18. Horticulture & C.C. Shri.D.K Bhandari, Director Shri Manoj Kumar PBX- Development 94344008936 Subba, Joint Director 232003,2321 Department 8670857420/ 48,231356 9593285382 19. Human Resource Dev. Shri M.T Sherpa, 1. Shri. Jitendra Singh Raje, 2. Bhim Bdr. Thatal, 1. P.R.Dulal, Department Special Secretary IAS Director (Higher Director, (Primary Dy.Director Education) 9434041007 Education) (Primary Education) [email protected] 9734143475 8145895167 1. Shri Balaram Subba, Director 3. Radha poudyal, 2. Rajiv Subba, S.E

Planning Section Jt.Director (Primary (N/E) Eng. Section) Education) 9434137370 9434486383 3. C.M Khatiwara, S.E 4. Bhawani Pd. Kharel, (S/W) (Eng. Addl. C.E (Account Section) Section) 9434031167 9434410240 4. Amar Deep Singh, 5. Kalyan Dewan, Pr. Sr.Accounts Officer Director (MDM (Acctt. Section) Section) 9734080776 9474528262 5. Ms.Srijana Rai, A.O 6. Shri Ugen Lepcha, (Acctt. Section) Director (MDM 9635299221 Section) 6. K.D.Sangderpa, 9434109839 Dy.Director (MDM 7. T.T.Bhutia, Jt. Section) Director (Exams & 8348461992 Sch. Section) 7. K.D.Sangderpa, 9434117713 Dy.Director (Exams 8. Purna Singh Subba, Section) Jt. Director 8348461992 (Language Section) 8. P.M.Khanal, 9733110015 Dy.Director 9. Rajendra Chettri, Jt. (Language Section) Director (IT Section) 9434109930 9434241588 9. S.B. Subba, 10. Paljor Bhutia, Jt. Dy.Director Director (PME (Language Section) Section) 9733083785 9733058799 10. Karma Gyurmey 11. Dr.M.P.Kharel, Bhutia, Dy.Director ODS (Higher (PEM Section) Education Section) 9434968237 9434241044 11. Kanta Lohar, 12. Mrs. S.d.Topden, Jt. Dy.Director (PME Director (SSA) Section) 9476130849 9434407348 13. Subbiah Goundar, Jt. 12. David Gyamtso, Dy.

Director (Technical Director (Higher Edu. Section) Edu. Section) 9933002215 983204899 14. Mrs.Annapurna 13. P. Gyaltsen Bhutia, Alley, Jt. Director A.D (SSA) (Adm. Section) 9735095543 9434117687 14. Deelak Pradhan, 15. Lakpa Tamang, Jt. Dy.Director (Tech. Director (HQ) Edu. Section) 9434865989 9635293472 16. K.C Gyatso, Jt. 15. Ms. Sapana Thapa, Director (RMSA U.S (Adm. Section) /Secondary 9434408950 Education Section) 16. Koshi Kapil, U.S 9434164495 (Adm. Section) 17. T.T.Bhutia Jt. 8016275362 Director 17. Bilal Prabhakar, Dy. (Scholarship Director ( RMSA Section) Section) 18. Mamta Thapa, 85090742215 Director 18. K.D. Bhutia, (Scholarship/Text Dy.Director ( Book Section Scholarship Section) 9933029580 9434127375 19. Kabita Moktan, Dy. 19. Suchitra Subba, Director (Sec. Edu. Dy.Director (Text Section) Book Section) 9474059430 9434204175 20. Binita Thapa, Jt. 20. Karma Samten Director Bhutia, A.D (NLM/IDMI Plg (Planning Section) &SB) 8906217742 9434184179 21. Devika Sharma, 21. Mrs.Indra Singh, Director (Planning Addl. Director Section) (SCERT) 9332065000 9434487029 22. Dr.Rabin Chettri, 22. Ms.Tenzing Director (SCERT) Yangchen Bhutia,

9434203584 Dy.Secy. 23. Sonam Denzongpa, (Adm.Section) Jt. Director (East 8670655945 District) 23. Ingrid Lhamu 9434184185 Bhutia, Dy. Director 24. Tshering Eden (E.District) Bhutia, Jt. Director 9832013180 (WestDistrict) 24. Gagar Moktan, Dy. 9434127069 Director (South 25. Sonam Lepcha, Jt. Dist.) 9832452717 Dorector (North 25. G.P Hahal, OSD District) (SMV/Samdong) 9475544535 9434241044 26. Ms. Tsheringkee 26. Mani Kr. Gurung, Denzongpa, Coordinator (SSA) JtDirector (South 9564990074 District) 27. Shri Gyaltshen 27. Dr.Y.P.Nepal, Addl. Sherpa, Dy. Director Director (SSA) 9632369197 (SMV/Samdong) 28. D.V. Basnet, Asst. 9434025338 Vocational Officer 28. T.Topgay Bhutia, Jt. (Vocational Section) Director (S.S.T.R.B) 9832044550 9002145777 29. Malati Rai, Dy. 29. M.K.Rai, Jt. Director (SCERT) Director (RMSA) 30. Dr.Shanti Ram 9434203680 Adhikari, Dy. 30. Ms.Surki Bhutia, Jt. Director (ECERT) Director (SCERT) 9434318912 9434164700 31. Shri C.K.Ds Addl. C.E (North/East) Engineering Section 32. Shri A.B.Subba Addl. C.E (South/West) Engineering Section

20. Information & Public Ms.Namrata Thapa, Special Mrs. Parinita Lama, 1. Mrs.Sonam Wangmu Relations Department Secy.9434386022 Joint Director/Adm Shenga, Dy.Director 9434751150 (Publication) 8670026585 2. Mrs. Bhumika Pradhan, DIO/North 7584838183 3. Mrs. Urmila Gurung, DIO/South 755051895 4. Mr. Simon Subba, DIO/West 9732460023 21. Information Shri. Govind Mohan, IAS Mr. Sonam Tashi Vaishnav Gazmer, Asst. Ph.No. 03592- Technology Pr. Secretary 03592202691 Wangdi, Joint Director Director 207426 Department 9434107037 9733034073. Ph. No. 03592- 207426, Fax(03592- 207426) sikkim.gov.in 22. Irrigation & Flood Mrs. Sova Lepcha, Shri. Suren Karkidoli, J.B. Basnett, Shri. Jigmee Wangyal Control Department Joint Secretary Additional Chief Engineer Superintending Bhutia, D.E (East) Engineer(N/E) & (S/W) Shri. Rajdeep Rai, D.E. Shri. S.K. Lamichaney, (North) Joint Director Shri. Kamal Gurung, (Monitering & D.E. (Plg cum Store Evaluation Cell) N/E)

Shri. T.T. Kazi, D.E.(South cum Store,S/W) Shri. Satish Narayan Pradhan, D.E. (West) Mrs. Angi Doma Bhutia, Dy. Secretary (Adm. Section)Ms. Meena Tamang, Assistant Director (Monitoring &

Evaluation Cell) Shri. Mitralall Sharma, Senior A.O (Accounts Section) 23. Labour Department Dr.K.Jaya Kumar, Pr. Secretary Shri Sherap Chopel Mrs. Doma Yangzom, (IAS)9717480575 Kartuk, Jt. Director Dy. Secretary (Adm) (Adm.)

(i) Skill Dev. And Dr. K.Jaya Kumar. Pr. Devi Lall Ramudamu, Dr. IBS Yadav, A.D Entrepreneurship Secretary Jt. Director 9434153100 Department 9434012058

24. Land Revenue & Shri. Tsegyal Tashi, Secretary Shri. Rinzing Chewang Mr. Dhiraj Subedi, Disaster Management Bhutia, Special Deputy Secretary -I Department Secretary i. East District Mr. Prabhaker Verma, Mr. Prabhaker Verma, D.C Mrs. Gloria Namchu, SDM D.C (East) (East) ADC/HQ ii. West District Kapil Meena, D.C Honda Gyaltsen, Addl. 1. Hem Kr. Chettri, 03592250888 D.C 9609850005 SDM 9434143936 2. Gayas Pega, SDM, Soreng 9734175747 3. Dilli Ram Thapa, SDM Dentam 7585970629 4. Sonam .R.LEpcha, SDM Yuksom 9647884804 iii. North District District Collector (North) ADC SDM iv. South District District Collector (South) ADC SDM

25. Law & Parliamentary Shri R.K. Purkayastha, Shri. P. Bhutia, Shri Trilochand Affairs Department Principal Secretary Additional Secretary Adhakari, Sr. Chemist 9733180512 Shri Phigu Tshering Mr. T.Adhikari, Sr.

Mines Mineral & Shri Upen Silal, Addl. Director Bhutia, Jojnt Director Chemist 97733180512 26. Geology Department 9474530588 (M) 9933031110 27. Sikkim Police Shri S.D. Negi, ADGP/CID Sh. Tashi Wangyal 1. Sh. D.B Giri, IPS Sr. 03592220718 Bhutia, PIS AIGP/HQ Suptd. Of Police 03592202581 (East) 03592274416 2. Sh.Pratap Pradhan, SPS Sr.Suptd. of Police (West) 0359250763 3. Sh. Shammi Rai, IPS Sr. Suptd. Of Police (North) 03592234242 4. Sh.Tenzing Lodan Lepcha, Sr. Suptd. Of Police (South) 03592263726 5. Sh. B.K Tamang, IPS Suptd. Of Police Check Post 03592203116 6. Sh. Sarda Rani, IPS Dy. Commandant General (Home Guards) 03592202371 7. Sh. Rapden Bhutia, SPS Suptd. Of Police (Reserve Lines) 03592202933 8. Sh. Sonam Tenzing Bhutia, SPS Suptd. Of Police (Crime) 03592202087 9. Sh.K.D Sangdarpa, SPS Suptd. Of Police (Special Branch) 03592202432 10. Sh.Hem Raj Rai, SPS

Suptd. Of Police (Vigilance) 03592203160 11. Sh.P.W.Shenga, SPS Suptd. Of Police (Training) 23592202811 12. Sh.S.Sudhakar Rao, IPS ADGP (Communication)035 92202317 13. Sh.Sonam Gyatso Bhutia, SPS Commandant (SAP, Pangthang) 03592237246 14. Sh. Shiv Prasad Yallasari, Commandant (1st IRBn) 01124676114 15. Sh. Prawing Gurung, SPS, Commandant (2nd IRBn) 03595276291 16. Sh. T.T.Tonyot, SPS, Commandant (3rd IRBn) 03592201484 17. Sh. D.B. Chettri, SPS, DCFO (Fire & ES) 03592202001 28. Printing & Stationary Mr. G.C.Lepcha, Mr. G.C.Lepcha, Director. Shri Ari Bdr. Shri. Chopel Lepcha, Department Director 220283,202517,203137,Fax no. Gurung,Joint Director Dy. Director 0392-204828 8145959484 29. Roads & Bridges Shri C.P. Tongden, 1. Shri Rajen Sharma, C.E 1. Shri. P.B. Yonzon, 1. Shri.L.B. Rai, Joint Department Principal Chief (N/E) Circle Joint Secretary (HQ) Secretary-II (Adm. Engineer(Civil) 2. K.P Sharma, Addl. C.E 2. Shri. Bhola Sharma, Section) (S/W)Circle/Project CAO 2. Shri Nakul Gurung, 3. Shri S.W Barfunga, (Accounts)/HQ CAO (II) Accounts

Director/Accounts 3. Shri C.V Basneet, Section 4. Smt. Manjyoti Rai, A.S S.E (Plg.)/HQ 3. Shri Ashok Sharma, (Adm. (HO) 4. Shri Cheth Raj Sr. A.O (Accounts 5. Shri P.N Sherpa, C.E Mishr, S.E/N/E Section) (Mechanical) 5. Shri. Suk Bir Subba, 4. Shri Dig Bijay S.E (Project/N/H) Sharma, D.E 6. Smt. Milan (Planning Cell) PRadhan, S.E (South 5. Shri Durga Kamal Circle) Rai, D.E (East 7. Shri Yadunanda Division) Gautam, S.E( West 6. Shri Binod Hang Circle) Subba, D.E North 8. Shri Loknath Division) (1) East Sharma, S.E 7. Shri Sonam (Mechanical) C.Lepcha, D.E Project/NH(S/W) 8. Shri Purba Bhutia, D.E Project NH (N/W) 9. Shri Namgyal Lepcha, D.E (Ravangla) 10. Shri T.T Kazi, D.E (Namchi) 11. Shri Bikash Rai, D.E (Gyalshing) 12. Shri P.L Sharma, D.E (Soreng) 13. Shri Gopal Sharma, A.E (Pakyong) 14. Shri Santosh Sharma, A.E (Singtam) 15. Shri D.B Subba, A.E.No.IV/ Gangtok 16. Shri Nayan Baraily, A.E (Mangan) 17. Shri Ramesh Sharma, A.E (Namchi)

18. Shri Santosh Rai, A.E (Jorethang) 19. Shri Rudra mani Paudyal, A.E (Ravangla) 20. Shri Karma S.Bhutia, A.E (Yangang) 21. Shri Neetan Ghaley, A.E (Gyalshing) 22. Shri D.B Gurung, A.E (Kaluk) 23. Shri Suman Pradhan, A.E (Soreng) 24. Shri D.P Sewa, A.E (Daramdin) 25. Shri Sameer Gurung, A.E (Mech) Gangtok 26. Shri Sandeep Gurung, A.E (Mech) Singtam 27. Shri Dil Kr. Modi, A.E (Mech) Jorethang 28. Shri N.T Lepcha, A.E (Mech) Gyalshing 29. Shri T.R Sharma, A.E (Store) Gangtok

30. Rural Management & Shri M.N Dhakal, Director 1. Shri. Kumar 1. Shri Satyen Pradhan, Dev. Department 9434141481 Bardewa, Addl. Dy. Secretary Director-II Accounts SBM(G) 9933999001 Cell/RMDD 2. Ms.Tashi Palmu 9434024801 Namgyal Dy. 2. Shri Mohan Gurung, Secretary S.E (N/E) MGNREGA Engineering 8371852117 Cell/RMDD 3. Shri D.K Chettri, Dy. 9434755364 Secretary Panchyat 3. Shri D.P Gurung, Director 9593285824

S.E (S/W) 4. Shri T.T.Tamang, Dy. 9933001121 Secretary ADM 4. Shri B.Kotharia, S.E (Cell) 9670242110 (PMGSY/Project) 5. Shri Binod Adhikari, Head Office D.E Planning Cell 8116679989 9832090900 5. Ms. Santi Tamang, 6. Ms.Pema Donka S.E (HQ) Planning Bhutia, D.E PMGSY Cell 9434865942 9434357176 6. Shri Surat Kr. 7. Shri Narendra Gurung, ADC Pradhan, D.E South (Dev.) West 9474528286 9647871296 8. Shri Kaziman Chettri, 7. Ms.Benu Gurung D.E West ADC (DEV.) South 9609916644 9434117309 9. Shri D.K Rai, D.E 8. Dr. A.B Karki, ADc East 9434031423 (Dev.) East 10. Shri Basant Poudyal, 9434109768 D.E Pakyong 9. Shri Rajiv Roka, 9434031423 ADC (Dev.) 11. Shri Raj Deep Rai, Soreng/Sub Division D.E South (ZP) 9434356049 9733051811. 10. Shri Tashi Chopel 12. Shri C.B Chettri, D.E Bhutia, ADC (Dev.) West (ZP) Mangan 13. Shri Subash Cintury, 9933872873 D.E North (ZP) 11. Shri D.B Rawat, 9434153267 ADC (Dev.) 14. Shri Pemla Tsh. Ravangla/ Sub Bhutia, D.E East (ZP) Division 9474833373 9474774456 12. Ms.Roshni Rai, EAST DISTRICT ADC (Dev.) 1. Shri Saptika Rai, Pakyong BDO Nabdok, BAC 9933326444 9749841731 13. Shri Bechung 2. Shri Chiran Rizal, Lepcha, ADC (Dev.) BDO Pajyong, BAC

Chungthang 9434109929 8116152685 3. Shri B.L Adhikari, 14. Ms. Sarika Pradhan, BDO, Rhenock BAC Addl. Secretary 9434445758 MGNREGA 4. Shri Prakash Chandra 9434756998 Kharel, BDO, Duga, 15. Ms.Cheden P. BAC 9832374147 Ladingpa, Jt. 5. Shri Bikram Rai, Secretary Panchyat BDO, Ranka, BAC Director 8967946066 9434184423 6. Shri Sabindra Rai, 16. Shri Chewang BDO, Rhegu, BAC Gyamtso Bhutia, Jt. 7. Shri Shyam Lall Director SRDA Cintury, BDO, 9832022207 Khandong, BAC 17. Dr.Annand Thapa 9434110120 District Planning 8. Shri Uttam Chettri, Officer, West BDO Rakdong 9609870002 Tintek, BAC 18. Shri Pempa Tsh. 9493373259 Lepcha, District 9. Ms.Dichenla Bhutia, Planning Officer BDO Parkha, BAC North 9434191802 9475714491 19. Shri Narendra 10. Shri Deepak Kr. Rai, Chettri, District BDO Martam, BAC Planning Officer 9832035026 East 20. Shri Sunil Kr. WEST DISTRICT Mothy, District 1. Shri Ratan Hang Planning Officer Subba, BDO South 9535975437 Daramdin, GVA 21. Smt. C.P Ladingpa, 2. Ms.Nickjey Lhamu Addl. Secretary Bhutia, BDO 22. Shri T.T Tamang, Youksom, GVA Dy. Director (Adm) 9647853812 3. Shri J.P Chettri, BDO Dentam, GVA 9609868239

4. Shri B.B Raj Gurung, BDO Gyalshing, GVA 7797883008 5. Shri Ratna Bdr. Pega, BDO Soreng, GVA 9635541339 6. Shri Tshering Thendup Bhutia, BDO Chongrang, GVA 9734101006 7. Shri Saran Kr. Pradhan, BDO Hee Martam, GVA 9609865111 8. Shri C.L Sharma, BDO Chumbong Chakung 9. Shri Amber Gurung, BDO Kaluk, GVA 8768355508 NORTH DISTRICT 1. Shri Subash Century, BDO Chungthang, BAC 9593770774 2. Shri Karma Thendup Bhutia, BDO Mangan, BAC 8116617948 3. Shri Kashi Raj Limboo, BDO Passingdong, BAC 4. Shri Gilbert Lepcha, BDO Kabi Tinda, BAC 9609025458 SOUHT DISTRICT 1. Shri Prem Kr. Subba, BDO Temi-Tarku, BAC 9732614726

2. Shri Dinesh Pradhan, BDO Melli, BAC 9434447850 3. Shri Ranjan Rai, BDO Wok (Sikip) BAC 4. Ms.Saloni Pradhan, BDO Yangang, BAC 7679650577 5. Shri Bimal Rai, BDO Namchi, BAC 6. Mr. Upendra Rai, BDO Ravangla, BAC 7. Mr. A.B Gurung, BDO Namthang, BAC 9593038088 8. Shri Prem Kr. Rai, BDO Poklok Nandugaon, BAC

31. Science & Technology Smt.Hemanta Basnet, Special Ms.Tshering Donka 1. Ms. Rina Brahma, Department Secretary 9832040539 Bhutia, Joint Director Assistant Director, 9434338565 Ph.No: 9832086021 2. Mrs. Suprina Chettri, U.S (Climate Change)

32. Sikkim Legislative Shri. B.D. Diyali, Smt. Durga D. Pradhan, Addl. Smt. Bindhya Rai, Shri Barun Dahal, Legal Assembly Additional Secretary Secretary Joint Secretary cum Officer DDO

33. Sikkim Public Service Smt. Deepa Rani Thapa,SCS, Mr. P.R. Nambiar, Ms. Chandra Rekha Rai, Fax No: Commission Secretary Deputy Controller of Assistant Controller of 03592- 9434761677 Examination Examination 207572 9434103202 7679076389

34. Social Justice Emp. & Mrs. Dhan Jyoti Smt.Dhanjyoti Mukhia, Special 1. Shri.K.B. Pradhan, 1. Shri Norbu Tsh. Welfare Department Mukhia, Special Secretary 9434193181 Addl. Secretary Bhutia, Dy. Secretary Social Welfare Director/Social Division Welfare Division 9434485011 9593077666 2. Shri. Dushyant 2. Shri Satya Prakash Pariyar, Rai, D.E/Engineering Addl.Secretary cum Cell 9434169501 Director/ICPS 3. Smt.Rohini Pradhan, 9434491035 Dy. Secretary/Adm 3. Shri Promod 7063326303 Agarwal, 4. Shri Subash Pradhan, S.E/Engineering Sr. A.O/Accounts Cell 9933088009 9434164602 4. Shri K.K.Shrestha, 5. Ms.Rajani Sharma, Jt. Director/Adm U.S/Welfare 9832502125 8967247711 5. Shri O.M Mangrati, 6. Smt.Hemlatta Addl. Moktan, Dy. Director/Accounts Secretary/Nutrition 9434080730 Cell (HQ) 6. Shri Anand Pradhan, 9832094601 Addl. Secretary cum 7. Shri Garjaman Subba, Project Dy. Director/ICDS Director/Welfare 9434211733 9434028083 8. Smt. Bharati Basnett, 7. Smt.Samita Thapa, Dy. Jt. Director/Nutrition Director/Nutrition Cell 9434448452 Cell (South) 8. Smt. Normit Lepcha, 9932092561 Jt. Director/ICDS 9. Smt. Sonam Lhamu 8170015088 Bhutia, Dy. 9. Shri Suman Gurung, Director/Nutrition MD/EFPP Cell (North) 9933445427 10. Smt. Dolkar Tsh. Bhutia, A.D/Nutrition Cell (East)

9832080333 11. Ms.Pema Lhamu Lhama, Dy. Secretary/ICPS 9775466039

Sports & Youth Shri. Kamal Singh Shri Kamal Singh Chettri, Karma Loday Bhutia, 35. Affairs Department Chettri, Addl. Addl. Director, Jt. Director Director-II Ph.No.7872970967 36. Transport Department Shri H.L Lamichaney, Shri. S.T. Bhutia, C.E. cum Shri Dukpa Sherpa, 1. Shri. Sanjay Ph. (SNT Division) Addl. Secy/Adm G.M S.E/Mec. Lama,DGM(Rangpo) No.03592- Ph. No. & Fax. No. 8116329227 203425, Fax- 8158012220 2. Shri. L.P. Gautam, 205647 DGM (HQ) Revenue 9609856252 3. Shri Sanjay PRadhan, Jorethang 4. Mrs.Kumud Bhattarai, CAO, Siliguri 5. Shri Binay PRadhan, AME, Jalipool 6. Shri Arun Kr. Pradhan, AST, Tadong 7. Shri Monoj Kr. Basnet, AME, C/T/W/S 8. Shri Kamal kr. Gurung, Jt. G.M S/W 9. Shri Binay Pradhan, Dt. G.M Jalipool 10. Shri Arun Kr. Pradhan, AST (Goods Office),SNT 11. Shri Karma Atup Bhutia, U.S (HQ)

i. Transport Department Mrs. Sumita Pradhan, Mrs. Sumita Pradhan, Addl. Shri.Raju Dong, Addl. 1. Shri Kharga Singh Motor Vehicle Div. Addl. Secretary-II, Secretary-II, Secretary (MVD), Gurung, Appellate-cum- Appellate-cum-Transparency Transport Department RTO/Mangan Transparency Officer Officer 2. Shri J.B Thapa, Dy. RTO/Gangtok 3. Shri Roshan Pradhan, Asstt RTO/Jorethang 4. Shri Sonam Wangchuk Bhutia, Asstt. RTO/Gyalshing 5. Smt.Bindu Dhakal, U.S/Head Office, Gangtok 37. Tourism & Civil 1. Shri C.P Dhakal, Spl. 1. B.Prasad, Addl. C.E 1. Shri Rabi Narayan Phone No, Aviation Department Secretary Adm. Section Tecnhical Section Sharma, S.E(S/W) 03592 2. Shri Tshering Thondup (N/E) Technical Section 232218, Fax- Bhutia, Pr. C.E Technical 2. Prakash Chettri, 2. Shri Neeraj Pradhan, 232216 Section Addl. C.E Technical S.E(N/E) Technical Section (N/E) Section 3. C.K. Chettri, 3. Shri Neeraj PRadhan, Addl.Secretary (Adm S.E Technical Section Section including all (N/E) the sections of the 4. Shri Rajdeep Rai, S.E Department except (Planning/Project) Technical Section) 5. Ms. Bandana Chettri, 4. Shri Lakpa Sherpa, Dy. Secretary (Adm.) Addl. C.E Technical Section (S/W)

38. Urban Development & Shri M.Sahid, Pr. C.E Smt. Devika Sharma, (Chettri) 1. Shri L.P Chettri, Spl. 1. Smr. Rinzing Doma, Ph No: Housing Department Chief Architect cum Chief Secy. Cum project Dy. Secretary Secretary:

Town Planner Director (SIPMIU) (Amusement & Ent. 202726, Gangtok Section) UD&HD, Office: 03592280781 Gangtok 202900 Fax: 2. Shri Raj Narayan 03592202900 03592- Pradhan, Chief 2. Shri J.B Karki, Sr. 205087 Accounts Officer A.O Accounts (UD&HD) Gangtok Section (UD&HD) 03592202900 Gangtok 3. Shri Chodak Bhutia, 03592202900 Addl. Secretary, 3. Shri M.K Rai, D.E (UD&HD) Gangtok Engineering Section 035922092900 (S/W Circle) 4. Shri Rajesh Pradhan, Jorethang Municipal Addl. Chief Town Council Planner (UD7HD) 4. Smt. C. Phaluntharpa, Gangtok D.E Engineering Cell 0359222900 (UD&HD) Gangtok 5. Shri Dorjee Dadul, Dev. Area Addl. C.E (N/E) 5. Smt. Neelam Rai, UD&HD, Gangtok D.E Engineering Engineering Cell Section (East) Dev. Area UD&HD, Gangtok 03592202856 9733264205 6. Shri S.T Tamang, 6. Shri Richard Lepcha, Addl. Secretary D.E Engineering (S/W) 8016277137 Section (North) 7. Shri H.S Sharma, 7076336248 S.E Engineering 7. Shri Karma Bhutia, Section (S/W Circle) Town Planner 7908176423 Planning Section 8. Shri J.N Dorjee, (UD&HD, Gangtok Minicipal Executive 03592202900 Officer (Jorethang 8. Shri S.B Subba Municipal Council) Bazzar Officer, Trade 9593780830 Licence Section 9. Smt. Devika (UD&HD) Gangtok Sharma, Chief 03592202900 Architect (Planning) 9. Miss T.Choden, U.S

cum Chief Town (Adm. Section) Planner/Town UD&HD, Gangtok Planning Section 10. Shri Deepankar 10. Shri Suren Lama, Dy. Director, Karkidoli, Addl. I.T Section, C.E/Engineering 03592202900 Section 11. Shri Karma 11. Shri Ram Bdr. Chankapa, Sr. Bhandari, Joint Inspector, Gtk. Director/MEO, Municipal Geyzing Municipla Corporation) Council 12. Shri Himmat Rai, MEO (Singatm & Rangpo Nagar Panchyat) 9832556777 13. Shri Rajiv Rai, MEO (South Municipal Council) 9832063663 14. Shri R.B Bhandari, MEO, West Municipal Council 9832012743 15. Shri Vishu Lama, U.S NULM/Central Govt. Related schemes 9832054622 16. Shri Rajesh Pradhan, Addl. Chief Planner cum Mission Director (NULAM)/Central Govt. Related schemes. 17. Smt. Srijana Chettri, U.S/Swachh Bharat Mission (Urban) 18. Shri Mahendra Chettri,

MEO/Mangan Nagar Panchyat

39. Water Security & PHE Shri Suren Karkidholi, C.S ADM SEC. ADM SEC. Department 1. Shri B.B.Rai, Jt. 1. Shri Zimba Pintso Secy Bhutia, Dy. ACCTT. SEC. Secretary, (HQ) 2. Shri Krma Lodha 9474311123 Tshering ACCTT. SEC. N/E Circle 2. Shri K.B Gurung, 3. Shri K.C Sharma, A.O S.E (N/E) (HQ) N/E Circle ADBP Circle 3. Shri S.S Timisina, 4. Shri Dilip Sharma, D.E (N/E) S.E 4. Shri Binod Adhikari, Swerage Circle D.E/Water Supply 5. Shri C.K Basnet, S.E 5. Shri K.K PRadhan, S/W Circle D.E/Planning 6. Shri Rajdeep Rai, ADBP Circle S.E 6. Mrs. Ninjey Bhutia, D.E Swerage Circle 7. Shri Dibya Gurung, D.E S/W Circle 8. Shri Sonam Gyatso Bhutia, D.E (Geyzing) 9. Shri Ramesh Subba, D.E (Namchi)

40. Water Resources & Shri Suren Karkidoli, Addl. C.E 1. Shri Jang Bdr. 1. Shri Baliraj Adhakari, River Dev. Deptt. 9474774006 Basnett, Suptd. D.E (East) Engineer (N/E) 9832348530 2. Shri B.S.Nirola, S.E 2. Shri Sangay Neop. (S/W) 9832547706 D.E (North) 3. Shri Suresh 7872983067

Lamichaney, Joint 3. Shri Kamal Gurung, Director (M&E Cell) D.E (Plg.) 9434153066 9475504305 4. MRs.Sujan Sharma, 4. Shri Rinzing Dorjee Sr. A.O 9832556864 Gyaltsen, D.E (South) 5. Mrs. Jerusha Joy 9733181757 Shrestha, U.S 5. Shri Deo Kumar (Adm.) 8967227747 Subba, D.E (West) 8145730827 6. Ms. Meena Tamang, A.D (M&E) 9434410624

Part – I 1. Raj Bhawan Thakur Thapa, Thakur Thapa, Additional Shri. S.L. Ghimiray, Additional Secretary Secretary Joint Secretary, Ph.No: 9434722210 9434722210 9434203573 2. Sikkim Housing & Miss Sarala Rai, Miss Sarala Rai, Secretary Mr. Roshan Gurung, Mrs. Lakpa Doma Dev. Board Secretary 9609702600 Addl. Chief Engineer Bhutia, Under Secretary 9434031516 9434409170 3. SSERC Shri S.D Shri S.D Dhakal,Secretary Shri.Jigme Mr. Palchen D. Chakta, Dhakal,Secretary Ph.No.9593377890 D.Denjongpa, Director (Tech.) Ph.No.9593377890 Director Ph.No.9733151828 Ph.No.9434755005 4. State Bank of Sikkim Shri. Phurba Wangdi Shri. Phurba Wangdi Bhutia, Mr. Santi Ram Karki, Mr.Kuncheok Tenzing , Bhutia, Chief General Manager, (GM) Sr. Manager Chief General 8967207219 Ph. No: 9434864292 9434022144 Manager, 8967207219 5. Sikkim Information Shri. Jigmee Dorjee Shri. Jigmee Dorjee Bhutia, Shri. Abinash Rai, Dy. Mrs. Tshering Choden cicsikkim.gov Commission Bhutia, Secretary Secretary- 9434152987 Secretary-9434488820 Bhutia, Law Officer cum .in Assistant Registrar - sicosikkim@ 7550918043 gmail.com/sic [email protected]

6. State Election Secretary Mrs. Lakhi Doma Mr. Karma Sherpa, U.S secsikkim@g Commission, Sikkim Bhutia, Dy. Secretary mail.com 7. Law & Parliamentary 1. Shri R.K. Purkayashtha Pr. Shri. Phukyam Bhutia, Shri. Sanjay Gurung,

Affairs Secretary, ( Legal, Additional Secretary Legal Officer ( Legal, Legislative & Palimentary ( Legal, Legislative & Legislative & Affairs Department) Palimentary Affairs Palimentary Affairs 03592205191 Department) Department) 2. Shri J.B.Rai L.R-cum 03592202770 03592202770 Secretary (Law Department) 03592202086 Principal Secretary Mrs. Chudimit Lepcha, Miss Chunna Subba, L.O 8. Lokayukata Addl. Legal Officer 9647879062 9434408722 9. Gangtok Municipal Shri Tshewang Gyachho Shri Sonam Chopell Shri Karma Wangchuk, Corporation Municipal Commissioner Bhutia, Deputy Sr. Inspector 9733224497 Minicipal 9593367676 Commissioner 9635821099

10. SIDICO Ms. Chewang Choden, Ms. Chewang Choden, General Mr. Hari Pd. Kharel, Mrs. Tenzing Yangzom, General Manager Manager General Manager General Manager Ph.No.202287,202637, Ph.No.202287,202637,203092, Mr. Santa Bir Rai, Dy. 203092,229622, Fax 229622, Fax General Manager (SPIO No.(03592)202287 No.(03592)202287 for South & West districts) 11. STCS Shri Kesang Wangdi, Shri. Menla T. Ethenpa, Yashwand Kumar Managing Director CGM (I& S) Sharma, Manager (F/A) 9434031333 9647884472 12. SIMFED Shri. Jiwan Sharma, DGM Mr. Kailash Rai, www.simfed.i General Manager IV n [email protected] n 13. SISCO Mr. Rampada Maiti, Smt. Pema Chenzom, (DGM) Bivash Lamichaney, Deepak Tewari (West Zone siscobank@y (MD) Asstt. General Manager (Asst. General Manager) ahoo.co.in T.R. Dorjee (North Zone(AGM) K.J. Lama (East Zone(AGM) R.L. Sharma (South Zone (AGM)

Chapter - 2

According to Sub (3) and (2) of section 25 of the Act, each department in relation to the public authorities within its jurisdiction shall collect and provide such information to the State Information Commission as is required to prepare the Yearly Report of the Commission and comply with the requirements.

Statement of implementation by Public Authorities /PSUs under Section 25(3) of the Right to Information Act, 2005

Sl.No. Name of the No. of No. of No. of No. of Detail of Detail of Fees Fees Any facts No. of 1st No. of First Recommendatio Department requests Request Pending Complaints/ Penalties Disciplinary collected collected which appeal Appeal ns for reform, received dispose from request 2nd Appeals Imposed by Action under under indicate an preferred pending with including for the from (1.1.2016 to from filed before State recommended Form Section 7(1) effort by the during the First development, Public 31.03.2017) (1.1.2016 to the State Information by State „A‟/Section and 7(5) Public year from Appellate improvement, Authority 31.03.2017) Information Commission Information 6(1) from Authority (1.1.2016 to Authority modernization, from Commission under Commission from (1.1.2016 to to 31.03.2017) from reform or (1.1.2016 from (1.1.2016 Section under Section (1.1.2016 to 31.03.2017) administer (1.1.2016 to amendment to to to 31.03.2017) 20(1) 20(2) 31.03.2017) and 31.03.2017) this Act or other 31.03.2017) from from implement legislation or (1.1.2016 to (1.1.2016 to the sprit common law or 31.03.2017) 31.03.2017) and any other matter intention of relevant for this Act operationalising from the right to (1.1.2016 to access 31.03.2017) information from (1.1.2016 to 31.03.2017) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1. Animal 20 19 1 Nil Nil Nil Rs.150/- Rs.1190/- Nil Nil Nil Nil Husbandry LF & VS Deptt. 2. Buildings & 02 02 Nil Nil Nil Nil Rs.10/- Nil Nil Nil Nil Nil Housing Deptt. 3. Co-operative Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Department (Mangan) 4. Cooperation 03 03 Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Department 5. Deptt. Of 45 40 Nil Nil Nil Nil Rs.1338/- Nil Nil Nil Nil Personnel Adm. Reforms, Trg. & Public Grievance (a) AATI Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil

DHH Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil

6. Dev. 05 05 Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Planning, Economics Reforms & North Eastern Council Affairs 7. Election 03 03 Nil Nil Nil Nil Rs.30/- Nil Nil Nil Nil Nil Department 8. Excise 12 12 Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Department 9. Ecclesiastical 09 09 Nil Nil Nil Nil Rs.70/ Nil Nil Nil Nil Nil Affairs Deptt. 10. FRED 02 02 Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil (FRED) 14 13 01 Nil Nil Nil Rs.60/- Nil Nil Nil Nil Nil (a) Directorate of Sikkim State Lotteries (b) (FRED)Office 03 03 Nil Nil Nil Nil Rs.146/- Nil Nil Nil Nil Nil of the Directorate Pension, GIS, Rev. & Expenditure Deptt. (c) (FRED) 20 18 02 Nil Nil Nil Nil Nil Nil Nil Nil Nil Commercial Tax Division 11. Food & Civil 39 36 02 01 Nil Nil Rs.390/- Nil Nil Nil Nil Nil Supplies & Consumer Affairs Deptt. 12. Food 01 Nil 01 Nil Nil Nil Nil Nil Nil Nil Nil Nil Security & Agriculture Deptt. 13. Health Care 51 32 19 Nil 01 Nil Rs.510/- Nil Nil Nil Nil Nil Human Services & Family Welfare Deptt. 14. Home 48 48 Nil Nil Nil Nil Rs.350/- Nil Nil Nil Nil Nil Department

15. Human 43 36 07 Nil Nil Nil Nil Nil Nil Nil Nil Nil Resource Dev. Deptt.

16. Information 01 01 Nil Nil Nil Nil Rs.10/- Nil Nil Nil Nil Nil Technology Deptt. 17. Irrigation & 01 Nil 01 Nil Nil Nil Rs.10/- Nil Nil Nil Nil Nil Flood Control Deptt. 18. Kabi Tinda 08 06 02 Nil Nil Nil Nil Nil Nil Nil Nil Nil 19. Labour 01 01 Nil Nil Nil Nil Rs.10/- Nil Nil Nil Nil Nil Department 20. Land 73 73 Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Revenue & Disaster Management 21. Law 18 16 02 Nil Nil Nil Rs.70/- Nil Nil Nil Nil Nil Department i. Law & 01 Nil Nil Nil Nil Nil Rs.10/- Nil Nil Nil Nil Nil Parliamentary Deptt 22. Sikkim Police 32 32 Nil Nil Nil Nil Rs.320/- Nil Nil Nil Nil Nil 23. Sikkim 04 04 Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Organic Mission 24. Rural 27 27 Nil Nil Nil Nil Rs.270/- Nil Nil Nil Nil Nil Management & Dev. Deptt. 25. Sikkim 32 32 Nil Nil Nil Nil Rs.290/- Rs.290/- Nil Nil Nil Nil Public Service Commission 26. SIDICO 03 03 Nil Nil Nil Nil Rs.30 Rs.504/- Nil Nil Nil Nil 27. Social Justice 20 10 10 Nil Nil Nil Rs.120/- Nil Nil Nil Nil Nil Emp. & Welfare Deptt. 28. Sports & 01 Nil 01 Nil Nil Nil Rs.10/- Nil Nil Nil Nil Nil Youth Affairs Deptt.

29. Sikkim 02 02 Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Information Commission

30. Motor 28 25 03 Nil Nil Nil Nil Nil Nil Nil Nil Nil Vehicle Division

31. Urban 119 59 60 Nil Nil Nil Rs.1160/- Nil Nil Nil Nil Nil Development & Housing Deptt. 32. Water 37 36 01 Nil Nil Nil Rs.370/- Nil Nil Nil Nil Nil Security & Public Health Engineering Deptt. 33. Water 18 07 11 Nil Nil Nil Rs.180/- Nil Nil Nil Nil Nil Resource & River Dev. Deptt. 34. Mangan Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Nagar Panchyat 35. Jorthang Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Municipal Council

Hearing and disposal of Complaint/Appeal by the Commission

Hearing and disposal of Second Appeal by the Commission: - on deciding the appeal and the complaint.

Documents to accompany appeal/complaint: Every appeal/complaint to the Commission shall be accompanied by the following documents, namely:-

1. Self attested copies/documents of the order against which the appeal/complaint are being preferred.

2. Copies of documents relied upon by the appellant/complainant and referred to in the appeal/complaint and an index of the documents referred to the appeal/complaint.

3. Name and address of the SPIO against the decision of whom the appeal/complaint are preferred).

4. brief facts leading to the appeal/complaint.

5. Prayer or relief sought.

6. Any other information which the Commission may deem necessary for deciding the appeal/complaint.

Thereafter, the Commission will fix the date for hearing after issuing the Notice to all the concerned parties prior to the seven days of hearing.

i. The Commission shall hear oral or written evidence on oath or on affidavit from concerned or interested person for peruse or impact documents, public records or copies thereof.

ii. Enquire through authorized officer for further details or facts.

iii. Hear SPIO, ASPIO and other concerned officers as the case may be.

iv. If necessary hear third parties.

v. Receive evidence from SPIO, First Appellate Authority and other concerned officers, such person against whom the appeal/complaint lies or the third party, if necessary another date of hearing will be fixed and after the further hearing the Commission will pass a written order on the same day.

The penalty imposed by the Commission under Section 19 8(b) and 20(1) are as follows:-

vi. The appellant /complainant at the hearing may be present in person or through his duly authorized representative.

vii. Where the Commission is satisfied that the circumstances exist due to which the appellant or the complainant as the case may be is being prevented from attending the hearing before the commission, as the case may be, another opportunity of being heard before a final decision is fixed or take any other appropriate action as may deemed fit.

viii. Order of the Commission shall be processed in open proceeding and be in writing duly authenticated by the Registrar or any other Officer authorized by the Commission for this purpose.

Appeals/Complaints disposed during 2016.

Sl.No. Appeal No. Name of Appellant Name of Public Authority 1. 01/SIC/2016 Ganga Ram Rai UD&HD 2. 02/SIC/2016 Ganga Ram Rai Food & Civil Supplies 3. 03/SIC/2016 S.K Tripathi Food & Civil Supplies 4. 04/SIC/2016 Tika Ram Sharma Manipal University 5. 05/SIC/2016 Kishan Kumar Bhujel Land Revenue & Disaster Management 6. 06/SIC/2016 Yogesh CHettri Horticulture & Cash Crop Deptt. 7. 07/SIC/2016 Yogesh CHettri Horticulture & Cash Crop Deptt. 8. 08/SIC/2016 Ganga Ram Rai Food & Civil Supplies 9. 09/SIC/2016 Shrawan Kumar Prasad IGP, Law & Order Traning, Police ( HQ) 10. 10/SIC/2016 Nim Pintso Bhutia LR&DMD 11. 11/SIC/2016 Prem Raj Gurung SIMFED 12. 12/SIC/2016 Jacob Khaling Forest Env. & Wildlife Management Department 13. 13/SIC/2016 Rajesh Kumar HRDD 14. 14/SIC/2016 Sonam Bhutia UD&HD 15. 15/SIC/2016 Sonam Bhutia UD&HD 16. 16/SIC/2016 Hissey Bhutia Food Seciruty & Agriculture Deptt. 17. 17/SIC/2016 Susil Ganch EIILM University 18. 18/SIC/2016 Sobhagya Sharma EIILM University 19. 19/SIC/2016 Ramesh Chettri Forest Env. & Wildlife Management Department 20. 20/SIC/2016 Vishal Deep Sharma HRDD, Gangtok 21. 21/SIC/2016 Karma Tashi Bhutia HRDD

22. 22/SIC/2016 Lalit Sharma Roads & Bridges 23. 23/SIC/2016 Hisey Bhutia Food Seciruty & Agriculture Deptt. 24. 24/SIC/2016 Nar Bdr. Gurung Tourism & Civil Aviation Deptt 25. 25/SIC/2016 Ganga Ram Rai UD&HD 26. 26/SIC/2016 Ganga Ram Rai Energy & Power Department 27. 27/SIC/2016 Yogendra Kumar EIILM University 28. 28/SIC/2016 Krishna Rai RMDD 29. 29/SIC/2016 Tshering Sandup Bhutia SDM, East District 30. 30/SIC/2016 Tshering Sandup Bhutia S.E, Roads & Bridges Deptt. 31. 31/SIC/2016 Santosh Adhikari Commercial Tax Division (FRED) 32. 32/SIC/2016 Santosh Adhikari Commercial Tax Division (FRED) 33. 33/SIC/2016 Mahindra Prasad Gurung Roads & Bridges Deptt. 34. 34/SIC/2016 Bhola Chawan Energy & Power Department 35. 35/SIC/2016 Prem Raj Gurung Forest Env. & Wildlife Management Department 36. 36/SIC/2016 Prem Raj Gurung HRDD 37. 37/SIC/2016 Ganga Ram Rai Forest Env. & Wildlife Management Department 38 38/SIC/2016 Prem Raj Gurung Water Resource & River Dev. (Irrigation) 39. 39/SIC/2016 Sisher Tewari Forest Env. & Wildlife Management Department 40. 40/SIC/2016 Vaibhav Bhandari Directorate of Higher Education 41 41/SIC/2016 Vinod Karuassa Directorate of Higher Education 42. 42/SIC/2016 Sita Subba Forest Env. & Wildlife Management Department 43. 43/SIC/2016 Vijay Kumar Dutta Directorate of Higher Education 44. 44/SIC/2016 Nar BDr. Gurung Tourism & Civil Aviation Deptt 45. 45/SIC/2016 Ganga Ram Rai Energy & Power Department 46. 46/SIC/2016 Habibulla Mondal Directorate of Higher Education 47. 47/SIC/2016 Subash Chandra Subba Land Revenue & DMD 48. 48/SIC/2016 Yogesh Chettri Food Seciruty & Agriculture Deptt. 49. 49/SIC/2016 Ganga Ram Rai Food & Civil Supplies 50. 50/SIC/2016 Pema T.Shenga & Dorjee Horticulture Deptt. 51. 51/SIC/2016 Hangu Lachenpa Motor Vehicle Division

52. 52/SIC/2016 Habibulla Mondal Deptt. Of Higher Education 53. 53/SIC/2016 Yuaraj Gurung Social Justice Empowerment & Welfare Deptt. 54. 54/SIC/2016 Scncha Bdr. Subba DOPART 55. 55/SIC/2016 Nagendra Bikash Gurung HRDD (Language) 56. 56/SIC/2016 Deputy Registers (CR) Sikkim Information Central Information Commission Commission 57. 67/SIC/2016 Palden Pintso Bhutia Transport Department

Penalty imposed by the State Information Commission under Section 20(1) as 19 8(b) of RTI Act, 2005

Sl.No. Complaint No. Name of Complainant Name of Public Authority 1. 01/SIC/2016 Hissey Bhutia Food Security & Agriculture Dev. Deptt. 2. 02/SIC/2016 Lalit Sharma Roads & Brodges Deptt. 3. 03/SIC/2016 Karma Tashi Bhutia Directorate of Higher Education (HRDD) 4. 04/SIC/2016 Dhakalall Chettri & Ganga Directorate of Higher Ram Rai Education (HRDD) 5. 05/SIC/2016 Manindra Prasad Gurung Roads & Brodges Deptt. 6. 06/SIC/2016 Prem Raj Gurung Forest Env. & Wildlife Management Department

Observations and Recommendations of the Sikkim Information Commission 1. It has been observed that some of the Appellate Authorities of Public Authority have not understood their role as quasi-judicial authority and hesitate to decide and pass appropriate orders on the appeal preferred to them. It is recommended that they may be suitably advised by the concerned Public Authority.

2. All Govt. Departments, Urban local bodies, Panchyati Raj Institutions, Public sector undertaking, NGOs and self help groups substancally financed directly ofr indirectly by Govt. and all Statutory bodies to set up under Constution and State law needs to declare themselves Public Authority under (h) of section (2) of RTI Act, 2005. Adirection in this regard may be issued by the Govt. Through the Office of the Chief Secretary.

3. The Commission observed that the obligations laid down under section 4 of the RTI Act have not been fulfilled by most of the Public Authorities which is against the provisions of the Act and failure of which may lead to penal provisions. It is therefore, recommended that the Head of the Public Authorities review the position at regular intervals.

4. Many of the public Authorities do not submit requisite information for inclusion in the Annual Report in spite of repeated reminders and personal visit by the employees of the Commission which is very unfortunate. This fact is being brought to the notice of the Government for initiating necessary action.

5. It has been observed that some of the SPIOs proceed on long leave or tours without handing over the charge to other SPIO or appointing auother SPIO, causing inconvenience to both the department as well as the Commission and inviting penalty unnecessarily. It is recommended for alternative arrangement to be made as mandated under the SGS (Leave) Rules, 1982 which must be reflected in the Office Order. A copy of the O.O may be sent to the Commission for reference.

6. It has been observed that consequent upon transfer of previous Appellate Authorities, SPIOs etc. no new officers have been found to be appointed/designated in some departments. It is recommended to appoint the required authorities as soon as the vacancy is created as mandated under section 5(1) (2) of RTI Act and endorse a copy of office order to the Commission. It is also recommended to publicize the particulars of the SPIOs and Appellate Authorities pertaining to each office of a public authority on the office Notice Board and website for the benefit of the public.

7. It is observed that quite a number of Appellate Authorities and PIOs are not conversant with the provisions of the RTI Act, 2005 and have not been trained. For effective implementation of the Act, designated PIOs should become onversant with the provisions and attend trainings on RTI.Training of Government officers and staff on RTI should be a continuous process. A module on RTI must be included in training programmes devised for new entrants in all State Government services. 8. It is observed that as required under Section 4(1) of the RTI Act, computerization of records have not been undertaken by the Public Authorities and even normal record keeping in many of the public authorities is not as whats is be desired. It is recommended that Public Authorities undertake computerization of appropriate records at the earliest which will also facilitate retrieving of relevant records for furnishing of information sought through RTI applications. Government may also bring out a time bound programme to comply with this section. 9. To fulfil the obligation and maintain copies in print form especially Cataloguing and Indexing of Records under Section 4(1) (a) and suo-moto declarations under Section 4(1)(b), require a lot of stationery. To minimize the inconvenience of large print material, the Act has also facilitated dissemination of voluminous information through electronic media. Hence, computerization of information relating to these aspects of RTI Act, as also to meet the other obligations under the Act, sufficient budgetary prevision becomes a necessity. Hence, the Commission recommends that the Government may make sufficient budgetary allocations to every government department for meeting the expenditure to fulfil the obligations envisaged under the RTI Act, by creating a minor head of account. 10. The Act under Section 26 mandates that the State Government may develop and organize educational programmes to advance the understanding of the public in particular of disadvantaged communities as to how to exercise the rights contemplated under the Act. Hence, this Commission recommends for including matters relating to RTI in the training curriculum of the SIRD and GMC for imparting training to the functionaries of local Self Government and their officers both in rural and urban areas. Commission also recommends for including the RTI curricluars in the school curriculum for class XI and XII students or at the college level.

Chapter - 3

Significant Orders of the Sikkim Information Commission – 2016

ORDER SHEET

Appeal No. 04/SIC/2015 Dated: 27/01/2016

Appellant : Shri. Tika Ram Sharma, 6th Mile Tadong. Vs. State Public Information Office: Manipal University & Medical Sciences, Tadong, East Sikkim - Respondent.

Preliminary hearing of the Appeal which was scheduled on 18/02/16 at 11.00 a.m. will now be heard on 19/02/16. Inform the Appellant accordingly for appearance.

ORDER SHEET

Dated: 27/01/2016 Appellant : Shri. Tika Ram Sharma, 6th Mile Tadong. Vs. State Public Information Office: Manipal University & Medical Sciences, Tadong, East Sikkim - Respondent. Shri. Tika Ram Sharma, Appellant accompanied by his Counsels Ms. Doma Lepcha, Advocate and Ms. Mon Maya Subba Advocate appeared.

On behalf of the Appellant the Counsel Ms. Doma Lepcha submitted before the Commission that the State Public Information Officer of the Public Authority denied the information particularly relating to drug prescribed to the patients Shri. Kul Bahadur Chettri and Shri. Raju Mangar on the ground that the information are exempted as third party information under section 8 of the Right to Information Act' 2005. This Commission on careful perusal of the Appeal Petition dated 16/01/16 under section 19 (3) of the Right to Information Act' 2005 is of opinion that since the said prescription being the main reasons to terminate the service of the Appellant hence in order to consider the involvement of the ‘Public Interest’ which justifies disclosure of the information sought for by the Appellant direct the State Public Information Officer to file his Counter Statement if any in terms of the regulation 10 of Sikkim Information Commission (Management) Regulation 2008 on the issues raised by the Appellant in his Appeal Petition dated 16/01/16 and also to explain as to why the Order of the State Public Information Officer dated 27/08/15 and the First Appellate Authority under section 19 (1) of the Right to Information Act' 2005 dated 16/11/15 may not be set aside.

The State Public Information Officer/ Public Authority to file his Counter Statement if any on or before 10/03/16 and a copy of the same to be made available to the Appellant.

A copy of the Appeal Petition under section 19 (3) of the Right to Information Act' 2005 along with its annexure to be made available to the State Public Information Officer. Parties to appear for further hearing on 17/03/16.

ORDER SHEET

Dated: 27/01/2016 Appellant : Shri. Tika Ram Sharma, 6th Mile Tadong. Vs. State Public Information Office: Manipal University & Medical Sciences, Tadong, East Sikkim - Respondent.

Appellant Shri. Tima Ram Sharma accompanied by his Counsel, Ms. Mon Maya Subba – Present. Prof. A. Sharma, State Public Information Officer, SMU accompanied by Brig. Dr. K. J. Singh, Medical Superintendent, SMU – Present.

The learned Counsel Shri. Tashi Rapten Barfungpa representing the State Public Information Officer submitted before the Commission that supply of drug prescription dated 27/01/15 prescribed to patient Shri. Kul Bahadur Chettri bearing patient registration no. 432251 and to patient Raju Manger bearing registration/ hospital no. 427819 is confidential and cannot to divulged to a third party as per medical ethics. This Commission on hearing the submission of the Counsel of the State Public Information Officer and on perusal of the Order of the First Appellate Authority dated 16/11/15 under section 19 (1) of the Right to Information Act' 2005 is found that both the State Public Information Officer and the First Appellate Authority have failed to take cognizance of the procedure laid down under section 11 (1) of the Right to Information Act' 2005 to give a written notice to the third party involved in the instant matter and accordingly decide the issue of Third Party. The issue of notice to the third party inviting him to make a submission in writing or orally regarding whether the information sought for by the Appellant should be disclosed is found relevant in view of the fact that the termination of the Appellant from the service indeed was the result of tampering of the drug prescription prescribed to the third party. This Commission before taking any decision on the issue of third party and the public interest involved found it necessary to provide an opportunity of hearing under section 19 (4) of the Right to Information Act' 2005 to patient Shri. Raju Manger (Third Party). The learned Counsel for the Appellant further submitted before the Commission that her client is not satisfied with the decision of the First Appellate Authority pertaining to para 5 dated 16/11/15. This Commission on hearing the submission of the Counsel found that the reply/ decision by the First Appellate Authority dated 16/11/15 para 5 is incomplete hence the State Public Information Officer to be specific in his reply. The State Public Information Officer agreed to provide correct and full information whatever available in his official record and as sought for by the Appellant.

The Commission is not satisfied with the submission of the Counsel/ Appellant that there is larger public interest involved to disclose the information under para 3 and 6 of the

65 application dated 04/08/15 addressed to the State Public Information Officer, Sikkim Manipal University hence the prayer to disclose these information are found in contravention to the provisions of the Right to Information Act' 2005 and accordingly the decision of the First Appellate Authority dated 16/11/15 to the extent of para 3 and 6 are upheld.

Notice of appearance to the third party patient Shri. Raju Manger to be issued for appearance on 19/04/16 along with the State Public Information Officer and the Appellant. The State Public Information Officer to provide the address of the patient Shri. Raju Manger and also assist the Commission to deliver the notice.

ORDER SHEET

Dated: 27/01/2016 Appellant : Shri. Tika Ram Sharma, 6th Mile Tadong. Vs. State Public Information Office: Manipal University & Medical Sciences, Tadong, East Sikkim - Respondent.

The matter is fixed for hearing on 19/04/16 but due to some personal reason and the sudden demise of Assistant Registrar’s mother-in-law, the case is adjourned to 03/05/16 next month.

The Registrar to inform the Appellant, State Public Information Officer and the third party accordingly.

ORDER SHEET

Dated: 27/01/2016 Appellant : Shri. Tika Ram Sharma, 6th Mile Tadong. Vs. State Public Information Office: Manipal University & Medical Sciences, Tadong, East Sikkim - Respondent. Appellant Shri. Tika Ram Sharma accompanied by his Counsel Ms. Mon Maya Subba – Persent.

Shri. Ashis Sharma, Registrar cum State Public Information Officer, Manipal University & Medical Sciences accompanied by his Counsel Shri. Ugang Lepcha – Present.

Shri. Raju Mangar accompanied by Shri. Durga Prasad Chettri brother of Shri. Kul Bdr. Chettri appeared in person as Third Party.

An opportunity was provided under section 19 (4) of the Right to Information Act' 2005 to both the Third Parties namely Shri. Raju Manger and Shri. Kul Bdr. Chettri to appear before the Commission in terms of section 11 (1) of the Right to Information Act' 2005

66 against the Order of the First Appellate Authority under section 19 (1) of the Right to Information Act' 2005 dated 16/11/15 whereby the First Appellate Authority had decided that information relating to patient Shri. Kul Bdr Chettri bearing registration/ hospital no. 433251 and patient Shri. Raju Manger bearing registration/ hospital no. 427819 pertains to the drug prescriptions hence cannot be disclosed on the ground that these information are confidential and under the medical ethics these information cannot be disclosed. This Commission however is of opinion that the dismissal of service of the Appellant Shri. Tika Ram Sharma on the ground that some manipulation/ misappropriation carried out by the Appellant in the original prescription documents as stated in the Inquiry Report by the Medical Superintendent, Central Referral Hospital, 5th Mile, Tadong dated ‘nil’ and the Dismissal Order dated 09/07/15 are directly a concern of the Appellant hence disclosure of these information cannot be construed as invasion of the privacy of an individual nor disclosure of these information amounts to breach of fiduciary relationship. The Commission therefore found it appropriate to direct the State Public Information Officer to disclose these information and provide a certified copy of the same to the Appellant which is justified in view of the following reasons:-

1. Shri. Raju Mangar the Third Party of the instant matter declared before the Commission that he has no objection if the information relating to the details of prescription sought for by the Appellant vide application dated 04/08/15 from the State Public Information Officer, Sikkim Manipal University of Medical Science is made available to the Appellant. Similarly Shri. Kul Bdr. Chettri, Third Party has in writing dated 02/05/16 submitted before the Commission that he has no objection to provide a copy of the drug prescription to the Appellant Shri. Tika Ram Sharma. The brother of Shri. Kul Bdr. Chettri Shri. Durga Prasad Chettri who appeared in person also declared and submitted before the Commission that he has been directed by his brother that there is no objection from his brother for the declaration of the details of the prescription to the Appellant.

2. Both the prescriptions sought for by the Appellant being the reason behind the dismissal of the service of Shri. Tika Ram Sharma as substantiated by the Order of Dismissal dated 09/07/16 hence denial of these information will be in contravention to the provisions of the Right to Information Act' 2005.

3. The State Public Information Officer has nothing to submit before the Commission.

This Commission therefore allow the prayer of the Appellant to declare the information and provide a certified copy of the drug prescriptions dated 27/01/15 prescribed to patient Shri. Kul Bdr. Chettri bearing registration/ hospital no. 433251 and patient Shri. Raju Manger bearing registration/ hospital no. 427819 accordingly.

The decision of the First Appellate Authority dated 16/11/15 with regard to the above information sought for by the Appellant is set aside.

The Appeal Petition dated 16/01/16 under section 19 (3) of the Right to Information Act' 2005 is disposed off with above observation for compliance of all concerned.

ORDER SHEET

Appeal No. 06/SIC/2015 Dated: 24/02/2016

Appellant : Shri. Yogesh Chettri, Daragaon, Tadong, East Sikkim. Vs. State Public Information Office: Horticulture & Cash Crop Department - Respondent. Appellant Shri. Yogesh Chettri – Present.

The Appeal Petition submitted under section 19 (3) of the Right to Information Act' 2005 dated 22/02/16 is found incomplete particularly with reference to the address, name and designation of the State Public Information Officer of the concerned Public Authority with the result it will be difficult for this Commission to serve notice of appearance if the Appeal is accepted in the present form. The Appellant in terms of regulation 7 of Sikkim Information Commission (Management) Regulation 2008 should rectify the Appeal Petition dated 22/02/16 and resubmit the same before the Assistant Registrar/ Law Officer for registration of the Appeal. The Registrar/ Assistant Registrar should also ensure henceforth that only Appeal Petitions which are in all respect complete and in accordance with the provisions of the Right to Information Act' 2005 and the Sikkim Information Commission (Management) regulation, 2008 should accept the Petition, this is relevant in order to ensure disposal of Appeal Petition in shortest possible time.

Registrar/ Assistant Registrar to note the above direction of the Commission and also accordingly direct the present Appellant for compliance of this Order.

ORDER SHEET

Dated: 24/02/2016 Appellant : Shri. Yogesh Chettri, Daragaon, Tadong, East Sikkim. Vs. State Public Information Office: Horticulture & Cash Crop Department - Respondent. Appellant Shri. Yogesh Chettri – Present. In support of his Appeal Petition under section 19 (3) of the Right to Information Act' 2005 dated 22/02/16 the Appellant informed the Commission that the information he has received from the State Public Information Officer vide memo no. 56/Horti-RTI dated 24/12/15 is incomplete and unsatisfactory. Accordingly in terms of under section 19 (1) of the Right to Information Act' 2005 he has preferred an Appeal before the First Appellate Authority vide his Appeal Petition dated 09/01/16. The Appellant further submitted that even after forty eight days from the date of his Appeal Petition before the First Appellate

Authority he has not received any information nor he was summoned for hearing. This Commission therefore is of opinion that notwithstanding the First Appellate Authority acknowledged the receipt of the Appeal Petition on 09/01/16 itself failed to discharge his mandatory duties enshrined under the provisions of Right to Information Act' 2005 thereby depriving the right of a citizen. The First Appellate Authority has also failed to justify his denial to provide hearing in spite of the fact that the Public Authority/ Department has appointed a very senior Officer to look into the Right to Information matters in the capacity of the First Appellate Authority. The Head of the Public Authority/ Department therefore to ensure that Officers assigned with the responsibilities of Right to Information matters should consider all cases of Right to Information seriously and on priority as the denial of the rightful information amounts to infringement of a citizen’s fundamental rights.

This Commission therefore is of opinion that the Appeal Petition under section 19 (3) of the Right to Information Act' 2005 dated 22/04/16 is fit for admission on the ground that the Appellant has failed to receive any justice from the First Appellate Authority; the information provided by the State Public Information Officer is also incomplete and unsatisfactory.

A copy of the Appeal Petition dated 22/04/16 along with its annexure to be made available to the State Public Information Officer concerned for filing of Counter Statement if any in terms of the regulation 10 of the Sikkim Information Commission (Management) Regulation 2008 to be filed on or before 27/06/16. A copy of the same also to be made available to the Appellant.

State Public Information Officer and the Appellant to appear on 08/07/16 for further hearing of the matter.

ORDER SHEET Dated: 24/02/2016

Appellant : Shri. Yogesh Chettri, Daragaon, Tadong, East Sikkim. Vs. State Public Information Office: Horticulture & Cash Crop Department - Respondent. Appellant Shri. Yogesh Chettri – Present. Shri. T. P. Bhutia, State Public Information Officer cum Addl. Director, H&CCD – Present.

The State Public Information Officer accepted the fact the information which he has made available to the Appellant vide letter no. 44/HORTI-RTI dated 02/11/15 is incomplete and not in accordance with the information which the Appellant has sought for vide his application dated 20/11/15 from the State Public Information Officer, Horticulture & Cash Crop Department, Government of Sikkim. The Counter Statement made available to this Commission vide letter no. RTI/113/H&CCDD dated 18/06/16 is also found not in line with the Order of this Commission dated 09/06/16. This Commission is therefore not inclined to accept contention of Counter Statement of the State Public Information Officer

69 and prima facie rejected all the justifications of the Counter Statement dated 18/06/16 particularly with reference to para 2, 3 and 4. The First Appellate Authority since he has failed to discharge his responsibility enshrined in the Right to Information Act' 2005, the Head of the Public Authority to note and appropriate action to be initiated for negligence and dereliction of the duty by the concerned Authority. The State Public Information Officer has submitted before the Commission that he will made available all the information sought for by the Appellant through his application dated 20/11/15 under Form - 'A' dated 20/11/15 to the Appellant within a period of one week time. The Appellant has no objection provided all information sought for by him are made available to him. The First Appellate Authority and other subordinate Officers who are responsible for the schemes of which the information sought for by the Appellant to assist the State Public Information Officer and provide certified information to the Appellant by 17/07/16.

The Appeal Petition dated 22/04/16 is disposed of with above observation for compliance of all concerned.

ORDER SHEET

Appeal No. 09/SIC/2016 Dated: 02/03/2016

The Appellant submitted before the Commission that he was not given any opportunity to submit his side of argument to disclose the information sought for by him through his application under Form - 'A' dated 31/07/15 by the State Public Information Officer and the First Appellate Authority, instead he was only informed through the letter no. 116/IGP/(L &O) & TRG dated 26/08/15 and letter no. 63/ADGP/CID/2015 dated 26/10/15 stating that the information relates to third party information hence based on the reply of notice issued under section 11 (1) of the Right to Information Act' 2005 to the third party N/K 960238, Sonam Bhutia denied the information. This Commission on perusal of the Appeal Petition dated 26/02/16 under section 19 (3) of the Right to Information Act' 2005 and the annexures of the Petition and the submission made by the Appellant is of opinion that both the State Public Information Officer and the First Appellate Authority have not amply justified the denial of information to the Appellant under section 8 (1) (j) and 11 (1) of the Right to Information Act' 2005 thereby depriving the Appellant his mandatory right enshrined under the Right to Information Act' 2005. This Commission therefore found that there is prima facie ground to admit the Appeal Petition dated 26/02/16. The denial to provide the information to the Appellant by the State Public Information Officer and the First Appellate Authority respectively on the ground of third party information has inclined this Commission to provide an opportunity of hearing to the third party also in accordance with section 19 (4) of the Right to Information Act' 2005.

Copy of the Appeal Petition dated 26/02/16 along with its annexures to be made available to the State Public Information Officer and the third party, N/K 960238, Sonam Bhutia Rangpo PS, East Sikkim in terms of regulation 10 of Sikkim Information Commission (Management) Regulation 2008 to file their Counter Statement if any on or before 28/04/16. Copies of the same also to be made available to the Appellant by the State Public Information Officer.

State Public Information Officer, Appellant and the third party to appear before the Commission on 05/05/16 for further hearing of the matter.

ORDER SHEET

Dated: 02/03/2016 Appellant : Shri. Shrawan Kumar Prasad, Rangpo, East Sikkim. Vs. State Public Information Officer; Police Headquarter, Law & Order (Training) - Respondent Seen the Petition dated nil of the State Public Information Officer praying for further time to file Counter Statement on the ground that the State Public Information Officer concerned was on leave till 20/04/16. The prayer of the State Public Information Officer accepted. The State Public Information Officer now to file Counter Statement on or before 07/05/16. Further hearing of the matter will now be taken up on 12/05/16.

The State Public Information Officer, Appellant and the Third party to be informed accordingly.

ORDER SHEET

Dated: 02/03/2016

Appellant : Shri. Shrawan Kumar Prasad, Rangpo, East Sikkim. Vs. State Public Information Officer; Police Headquarter, Law & Order (Training) - Respondent Appellant Shri. Shrawan Kumar Prasad accompanied by his Counsel Shri. Tsweang Namgyal – Present. Shri. Avichal, State Public Information Officer accompanied by his Counsel Ms. Geeta Gazmere, Law Officer, Police Headquarter – Present.

The Appellant submitted before the Commission that the information pertaining to entire enquiry report held against NK-960238 Constable Sonam Bhutia of Rangpo P. S. under the Sikkim Police Force (Discipline & Appeal) Rules, 1989 is due to the General Diary no. 122/2015 of Rangpo Police Station. The Appellant further submitted that disciplinary proceeding against the Constable Sonam Bhutia was initiated after he had made a written Complaint to the DGP, Sikkim Police through his Petition dated ‘nil’. The Law Officer on behalf of the State Public Information Officer denied the contention of the Appellant and

71 informed the Commission that the departmental enquiry under the Sikkim Police Force (Discipline & Appeal) Rules, 1989 was only initiated due to the Order of the Chief Judicial Magistrate, East & North Sikkim.

This Commission on perusal of the Notices issued to the Appellant Shri. Shrawan Kumar Prasad, Shri. Wasim Akram amd Shri. Abhishek Thapa by the Rangpo P.S. East Sikkim clearly shows that disciplinary proceeding against the Constable Sonam Bhutia was initiated in the matter arising out of the GD entry no. 122/2015 P.S. Rangpo, East Sikkim. Further the Notice under section 160 (1) CrPc, 1973 issued to the Appellant Shri. Shrawan Kumar Prasad vide memo no. 290/SP/E dated 13/04/15 under the signature of SDPO, Gangtok, East Sikkim further substantiate the contention of the Appellant. The Commission therefore is of opinion that disciplinary proceeding against Constable Sonam Bhutia conducted by the competent Authority is the direct consequence of General Diary entry no. 122 of 2015, Rangpo, East Sikkim. The Commission hence is not inclined to accept the submission of the State Public Information Officer/ Law Officer.

The State Public Information Officer/ Law Officer through the Counter Statement dated 06/05/16 interalia raised two issues against the submission of the Appellant who was denied the disclosure of information by the State Public Information Officer/ the First Appellate Authority namely:-

1. The matter is subjudice before the competent Court. 2. Disclosure of disciplinary enquiry report against the Constable Sonam Bhutia (the Third Party) will be highly prejudice. The Commission observed that since there is no specific direction of the Court of Law or Tribunal or the disclosure of the enquiry report constitute contempt of Court nor the State Public Information Officer/ Law Officer produced any such direction before the Commission, hence to invoke Section 8 (1) (b) of the Right to Information Act' 2005 and allow exemption from disclosure of information is found not maintainable.

The Commission further observed that the State Public Information Officer/ the First Appellate Authority has without giving opportunity of hearing to the Appellant Shri. Shrawan Kumar Prasad decided and informed the Appellant vide letter no. 116/IGP/L&O&TRG dated 26/08/15 and letter no. 62/ADGP/CID/2015 dated 30/09/15 respectively that the information is of third party and falls under the ambit of Section 8 (1) (j) of the Right to Information Act' 2005 based on the objection of the Third Party Constable Sonam Bhutia to whom Notice was issued under section 11 (1) of the Right to Information Act' 2005 is a denial of mandatory right of a citizen. Notwithstanding, the State Public Information Officer/ Law Officer has failed to establish the fact that the disclosure of the information relating to disciplinary enquiry report against Constable Sonam Bhutia has no relationship to any public activity or interest, which would cause unwarranted invasion of privacy of an individual as contemplated under section 8 (1) (j) of the Right to Information Act' 2005 nor the report is confidential in nature disclosure of the same will be highly prejudice to the Third Party. Exemption from the disclosure of information provided under section 8 of the Right to Information Act' 2005 being a restriction on an individual fundamental right hence unless the party claiming the

72 exemption could establish some prima facie reasons the purpose of Right to Information Act will be defeated. In the instant case there is no such impediment in the process of investigation if the declaration of information as prayed for by the Appellant is granted. The State Public Information Officer/ Law Officer has also failed to satisfy the Commission that release of such information would hamper the investigation process of Complaint/ counter Complaint pending before the competent Court.

The Commission therefore declare the entire enquiry report under the Sikkim Police Force (Discipline & Appeal) Rules, 1989 against Constable Sonam Bhutia of Ranpo P. S. of the instant case as public document in terms of Section 2 (J) of the Right to Information Act' 2005 and allow the Appeal Petition under section 19 (3) of the Right to Information Act' 2005 and accordingly direct the State Public Information Officer to declare the entire enquiry report against Constable Sonam Bhutia of Rangpo under the Sikkim Police Force (Discipline & Appeal) Rules, 1989 and also provide a certified copy of the same to the Appellant. The Third Parties who has been provided opportunity of hearing under section 19 (4) of the Right to Information Act' 2005 has nothing to further submit on the matter.

The Commission quash the Order of the First Appellate Authority under section 19 (1) of the Right to Information Act' 2005 communicated to Shri. Shrawan Kumar Prasad, Appellant vide letter no. 63/ADGP/CID/2015 dated 26/10/15. The Appeal Petition dated 26/02/16 under section 19 (3) of the Right to Information Act' 2005 is disposed of with above observation for compliance of all concerned.

ORDER SHEET

Appeal No. 12/SIC/2015 Dated: 27/04/2015

Appellant : Shri. Jacob Khaling, Development Area, East Sikkim. Vs. State Public Information Officer: Forest, Env. & Wildlife Management Department – Respondent. Appellant Shri. Jacob Khaling – Present.

On perusal of the Appeal Petition dated 20/04/16 and after hearing the submission made by the Appellant, this Commission is of opinion that the prayer of Appeal under section 19 (3) of the Right to Information Act' 2005 has some prima facie grounds for admission.. The information sought for by the Appellant regarding National Aforestration Program pertains to all over the State of Sikkim but only some details concerning implementation of the programme for the North District have been declared and provided to the Appellant. The Appellant has interalia raised some relevant issues in support of his Appeal Petition under section 19 (3) of the Right to Information Act' 2005 including failure on the part of the Public Authority to take sue moto action to declare various schemes of the Department in terms of Sec 4 of the Right to Information Act' 2005. This Commission therefore is satisfied and accordingly admit the Appeal.

The State Public Information Officer, Headquarter and North of the Forest, Env. & Wildlife Management Department to file his Counter Statement if any on the issues raised by the Appellant in his Appeal Petition under section 19 (3) of the Right to Information Act' 2005 dated 20/04/16 in terms of regulation 10 of Sikkim Information Commission (Management) Regulation 2008 on or before 27/06/16. A copy of the same to be made available to the Appellant by the State Public Information Officer before the next hearing date.

Copy of the Appeal Petition dated 20/04/16 along with its Annexures to be made available to the State Public Information Officer concerned.

Parties to appear for further hearing on 07/07/16.

ORDER SHEET

Dated: 27/04/2016

Appellant : Shri. Jacob Khaling, Development Area, East Sikkim. Vs. State Public Information Office: Forest, Env. & Wildlife Management Department - Respondent.

Appellant Shri. Jacob Khaling – Present. Shri. Y. P. Gurung, State Public Information Officer who is also CF (T) present accompanied by Shri. Sugen M. Saring, State Public Information Officer cum DFO (T) – Present.

The State Public Information Officer/ CF(T) has submitted before the Commission that he has referred copies of the application under Form - 'A' dated 11/01/16 of the Appellant to four districts vide letter no. 118/FTC/FEWMD dated 13/01/16 with a copy to the Appellant in his address at Chumbung, Soreng, Chyakhung Constituency, West District. The Appellant informed the Commission that he has not received any information regarding the transfer of his application dated 11/01/16 to North, East, West and South District as his proper address for corresponding is Aditi Building, Near Sangram Bhavan, Development Area, Gangtok, East Sikkim which is also recorded in his application to the State Public Information Officer/ CF(T) under Form - 'A' dated 11/01/16. It is mandatory under section 6 (3) (ii) of the Right to Information Act' 2005 that any application transferred to another Public Authority by the State Public Information Officer the Appellant needs to be immediately informed about such transfer, in the instant case the State Public Information Officer has failed to inform the Appellant in the proper address provided by the Appellant. The State Public Information Officer has in the enclosures of the Counter Statement dated 27/06/16 submitted evidence of the letters referred to the concerned State Public Information Officers and the Appellant but he has failed to satisfy the Commission that the application seeking the information by the Appellant is actually received by the concerned State Public Information Officers in the districts and the Appellant. Only North District State Public Information Officer has made available certain information vide letter no.

1/23/EST/NTD/FEWMD/1131 dated 18/02/16 which the Appellant found incomplete information.

The State Public Information Officer/ CF(T) informed the Commission that since the application under Form - 'A' dated 11/01/16 was addressed as the State Public Information Officer/ CF(T) he has therefore presumed that only information relating to Territorial Division, of the Public Authority is required by the Appellant. The State Public Information Officer/ CF(T) further informed the Commission that since some of the information sought for by the Appellant are looked after by the CF(T), Wild Life Division the Appellant should approach the State Public Information Officer, CF(T), Wild Life for the concerned information.

After not receiving the information from the State Public Information Officer within the time specified under section 7 (1) of the Right to Information Act' 2005 the Appellant vide his application dated 03/03/16 made an Appeal before the First Appellate Authority, not satisfied with the decision of the First Appellate Authority dated 19/03/16 the Appellant approached this Commission under section 19 (3) of the Right to Information Act' 2005 on Appeal. This Commission is of opinion that the information made available by the State Public Information Officer, North/ DFO(T) is indeed incomplete, no information has been made available to the Appellant by other three districts which is a clear violation of a mandatory right of a citizen as envisaged under section 7 (1) of the Right to Information Act' 2005. This Commission therefore direct the State Public Information Officer/ CF(T) to provide all information concerning Territory Division of the Public Authority including North District free of cost in terms of under section 7 (6) of the Right to Information Act' 2005. The State Public Information Officer/ CF(T) prayed for twenty days time to provide the information which the Commission allowed. The State Public Information Officer to provide complete, full and certified information by 27/07/16. The Appellant has been advised to move separate application in accordance with the provisions of the Right to Information Act' 2005 before the State Public Information Officer/ CF, Wild Life, Forest, Env. & Wildlife Management Department for information concerning Wild Life Section. The State Public Information Officer, Wild Life may in terms of the provisions of the Right to Information Act' 2005 further consider the application of the Appellant.

The Order of the First Appellate Authority under section 19 (1) of the Right to Information Act' 2005 is set aside.

The Appeal Petition dated 20/04/16 under section 19 (3) of the Right to Information Act' 2005 is disposed of with above observation for compliance of all concerned.

ORDER SHEET

Appeal No. 11/SIC/2015 Dated: 25/04/2016

Appellant : Shri. Prem Raj Gurung, Namchi, South Sikkim. Vs. State Public Information Officer, SIMFED- Respondent. Appellant Shri. Prem Raj Gurung, Namchi – Present.

Seen the Appeal Petition dated 26/04/16 under section 19 (3) of the Right to Information Act' 2005. The Appellant in support of his Appeal Petition submitted before the Commission that he was not provided any information which he has sought for vide application under Form - 'A' dated 29/01/16 notwithstanding the application was received by the State Public Information Officer himself on 29/01/16. On failure to receive the information sought for by the Appellant within the stipulated time the Appellant submitted a Appeal Petition under section 19 (1) of the Right to Information Act' 2005 before the First Appellate Authority on 03/03/16. The Appellant further submitted that the First Appellate Authority without providing any opportunity of hearing informed him through his letter no. SIM/15-16/020(11) dated 03/04/16 and sought an extension of one month time on the ground that the information sought for by the Appellant is voluminous in nature. This Commission on hearing the submission of the Appellant and after going through the annexures submitted along with his Appeal Petition dated 26/04/16 is of opinion that the State Public Information Officer has in contravention to under section 7 (1) of the Right to Information Act' 2005 has failed to declare information and provide the same to the Appellant nor he has justified for his denial to provide the information to the Appellant. Similarly the First Appellate Authority also appears deliberately avoided to take cognizance on the Appeal Petition dated 03/03/16 in terms of section 19 (1) of the Right to Information Act' 2005 thereby denying the opportunity of hearing to the Appellant with the result mandatory right of a citizen has been infringed. This Commission therefore is of opinion that the Appeal Petition is fit for admission. The failure on the part of the State Public Information Officer to take action in terms of under section 7 (1) of the Right to Information Act' 2005 within the stipulated time is liable for penalty under section 20 of the Right to Information Act' 2005. The State Public Information Officer is therefore to justify and show cause as to why maximum penalty may not be imposed on him in accordance with the provisions of the Right to Information Act' 2005. Similarly the First Appellate Authority also to justify his action of communicating the Appellant for his decision vide his letter no. SIM/15-16/020(11) dated 03/04/16 without providing any opportunity of hearing to the Appellant. A copy of the Appeal Petition dated 26/04/16 along with its annexures to be made available to the State Public Information Officer for Counter Statement if any in terms of regulation 10 of Sikkim Information Commission (Management) Regulation 2008 to be filed on or before 14/06/16. A copy of the Counter Statement also to be made available to the Appellant by the State Public Information Officer.

The matter will be taken for hearing on 21/06/16. Parties to appear accordingly.

ORDER SHEET

Dated: 25/04/2016 Appellant : Shri. Prem Raj Gurung, South Sikkim. Vs. State Public Information Office: SIMFED - Respondent. The Assistant Registrar of the Commission submitted before the Commission two separate applications received from Shri. Kailash Rai, State Public Information Officer, SIMFED praying for further time to file Counter Statement by him as the State Public Information Officer and on behalf of the First Appellate Authority on the ground that the State Public Information Officer has been recently appointed and the First Appellate Authority is out of station at present. Prayer for extension of time to file Counter Statement accepted. The State Public Information Officer and the First Appellate Authority to file Counter Statement if any on or before 29/06/16. The matter will be now taken up for hearing on 15/07/16. Parties to be informed accordingly for appearance.

ORDER SHEET

Dated: 25/04/2016 Appellant : Shri. Prem Raj Gurung, South Sikkim. Vs. State Public Information Office: SIMFED - Respondent. Appellant Shri. Prem Raj Gurung – Present. Shri. Jiwan Sharma, General Manager/ First Appellate Authority accompanied by Shri. Akhilesh Rai, General Manager/ State Public Information Officer – Present.

On not receiving the information within the stipulated as envisaged under section 7 (1) of the Right to Information Act' 2005 the Appellant vide his application dated 03/03/16 filed Appeal before the First Appellate Authority under section 19 (1) of the Right to Information Act' 2005.The First Appellate Authority taking cognizance of Appeal Petition of the Appellant replied vide letter no. SIM/15-16/02 (II) dated 03/04/16 assured to provide the information within fifteen days and accordingly sought for fifteen days time from the Appellant. However it appears that in between there was interdepartmental transfer of the State Public Information Officer with the result the incoming State Public Information Officer could not comply with the directives of the First Appellate Authority to provide full and complete information within fifteen days. This Commission taking cognizance of the Appeal Petition under section 19 (3) of the Right to Information Act' 2005 dated 26/04/16 direct the State Public Information Officer to provide full, complete and certified information as sought for by the Appellant vide his application dated 29/01/16 under Form - 'A' to the State Public Information Officer, SIMFED free of charges as the State Public Information Officer has failed to comply with the section 7 (1) of the Right to Information Act' 2005. The State Public Information Officer is directed to provide the full, complete and certified information to the Appellant by 19/07/16 positively in

77 default further proceeding for penalty under the relevant section of the Right to Information Act' 2005 will be initiated.

The Commission further direct the Head of the Public Authority to ensure and issue appropriate directives to all the Authority concerned that application received under RTI Act to be seriously examined and immediate cognizance is required from the State Public Information Officer/ First Appellate Authority so that the mandatory right of a citizen may not be infringed due to the negligence on the part of the Authorities designated under the Right to Information Act' 2005. The Commission in the instant case is not inclined to accept the submission of the State Public Information Officer for denial of information on filmsy technical grounds.

The Appeal Petition dated 26/04/16 is disposed of with above observation for compliance of all concerned.

ORDER SHEET

Appeal No. 14/SIC/2015 Dated: 02/05/2016 Appellant : Shri. Sonam Bhutia, Bye Pass Road, East Sikkim. Vs. State Public Information Officer, UD & HD - Respondent. Appellant Shri. Sonam Bhutia – Present.

On perusal of the Appeal Petition dated 30/04/16 it is observed that the Appellant has in contravention to section 19 (3) of the Right to Information Act' 2005 preferred an Appeal against the decision of the State Public Information Officer/ Assistant State Public Information Officer for not providing him information sought for by him vide his application under Form - 'A' dated 13/01/16. This Commission further observed that the learned First Appellate Authority has vide his decision dated 05/04/16 after hearing the Applicant as well as the State Public Information Officer directed the State Public Information Officer to provide information sought for by the Applicant within one week time and also further directed to convey the action to the Appellate Authority. The State Public Information Officer notwithstanding preferred to deny some of the information sought for by the Applicant vide memo no. R (221)GOS/UD & HD/ RTI/2016/243 dated 11/04/16. The Commission therefore is of opinion that the decision communicated to the Appellant Shri. Sonam Bhutia of Bye Pass Road, East Sikkim vide vide memo no. R (221)GOS/UD & HD/ RTI/2016/243 dated 11/04/16 by the State Public Information Officer/ Assistant State Public Information Officer ultra vires the Order of the First Appellate Authority communicated to the Appellant vide his letter no. GOS/UD & HD/889 dated 05/04/16. The State Public Information Officer / Assistant State Public Information Officer has without any prima facie reason preferred to override the decision of the First Appellate Authority which is indeed against all the standing norms, rules, regulations and also against the provisions of the Right to Information Act' 2005. The State Public Information Officer concerned therefore to immediately comply with the decision of the First Appellate Authority dated 05/04/16 and provide relevant information to the Appellant without any further delay.

This Commission however is not inclined to accept the Appeal Petition dated 30/04/16 under section 19 (3) of the Right to Information Act' 2005 on the ground that the said Petition is not in terms with the provisions of the Right to Information Act' 2005 and hence found not maintainable as the Appeal Petition is not against the decision of the First Appellate Authority under section 19 (1) of the Right to Information Act' 2005 but against the decision of the State Public Information Officer/ Assistant State Public Information Officer dated 11/04/16 hence dismissed.

A copy of this Order to be made available to the First Appellate Authority for his necessary action and direction to the State Public Information Officer/ Assistant State Public Information Officer.

The Appellant Shri. Sonam Bhutia has the liberty to move his Petition before this Commission under section 18 or 19 (3) of the Right to Information Act' 2005 for further redressal if aggrieved by the decision of the Public Authority concerned.

ORDER SHEET

Dated: 05/05/2016 Complainant : Mr. Sonam Bhutia, Bye-Pass, East Sikkim. Vs. State Public Information Office: UD & HD - Respondent. Complainant Mr. Sonam Bhutia – Present.

In compliance with the Order of this Commission dated 07/06/16 the Complainant approached the State Public Information Officer concerned for compliance of the Order of the First Appellate Authority no. GOS/UD & HD/889 dated 05/04/16. The State Public Information Officer concerned vide letter no. R(221)/GOS/UD & HD/RTI/2016/303/A dated 17/06/16 provided some information to the Complainant. The State Public Information Officer while denying some of the information invoked section 8 (j) of the Right to Information Act' 2005 declaring that the information is a ‘personal information’ which cannot be disclosed. The Commission on perusal of the Complaint Petition dated 26/07/16 is of opinion that the matter is fit for further inquiry in terms of section 18 (2) of the Right to Information Act' 2005 and accordingly initiate proceeding for inquiry on the issues involved in public interest. The State Public Information Officer to accordingly file Counter Statement if any against the issues raised by the Complainant in his Complaint Petition dated 26/07/16 in terms of the regulation 10 of the Sikkim Information Commission (Management) Regulation 2008 on or before 08/09/16. Copy of the same also to be provided to the Complainant.

Meanwhile notice to the Hawker License Mr. Sita Chettri to be issued through the State Public Information Officer in terms of section 19 (4) of the Right to Information Act' 2005 to provide reasonable opportunity of hearing. Copies of the Complaint Petition dated 26/07/16 along with its annexures also to be provided to the Hawker License.

The State Public Information Officer, Complainant and the Hawker license to appear before the Commission on 29/09/16 for further hearing of the matter.

ORDER SHEET

Dated: 02/05/2016 Complainant : Shri. Sonam Bhutia. Vs. State Public Information Office: UD & HD - Respondent. Complainant Shri. Sonam Bhutia – Present. Shri. S. B. Subba, B.O/ Assistant State Public Information Officer, UD & HD – Present.

The Assistant State Public Information Officer informed the Commission that after the transfer of then State Public Information Officer Mrs. Ganga Pradhan, the Department is yet to appoint the State Public Information Officer. The Public Authority to expedite appointment of the State Public Information Officer without any further delay. Meanwhile the Complainant has confirmed that he has received letters dated 06/09/16 of Ms. Seeta Chettri and Mr. Tika Chettri stating they do not want to disclose their personal information to the Complainant. The Complainant however is satisfied with the information made available to him by the Assistant State Public Information Officer vide Counter Statement dated 09/09/16 hence he has nothing further to submit.

The Complaint Petition dated 26/07/16 under section 18 of the Right to Information Act' 2005 is disposed of with above observation for compliance of all concerned.

ORDER SHEET Dated: 04/07/2016 Mr. Ganga Ram Rai, Mamring, South Sikkim Vs. State Public Information Officer, Forest, Env. & Wildlife Management Department . Appellant Shri. Ganga Ram Rai – Present.

The Appellant submitted before the Commission that in reply to his Application dated 15/03/16 to the State Public Information Officer he was informed by the ACF (Survey/ Demarcation Division) vide letter no. GOS/FEWM/SD/261 dated 29/03/16 which was handed over to him by the ACF only on 31/05/16 on the date of hearing before the First Appellate Authority. The Appellant further submitted that the First Appellate Authority refused to take cognizance of his pleading for transfer of his application seeking information dated 15/03/16 to the concerned Public Authority in terms of section 6 (3) of the Right to Information Act' 2005. This Commission after due consideration of the submission made by the Appellant is of opinion that the matter is fit for admission as Appeal under section 19 (3) of the Right to Information Act' 2005. The State Public Information Officer concerned therefore to justify why action for penalization may not be initiated as contemplated under section 20 of the Right to Information Act' 2005 for denying the information within the stipulated time of thirty days and failure to comply with

80 the provision of 6 (3). The order dated 31/05/16 of the First Appellate Authority is also found not in accordance with the provisions of the Right to Information Act' 2005.

The State Public Information Officer to file his Counter Statement if any against the issues raised by the Appellant in his Appeal Petition dated 04/07/16 in terms of the regulation 10 of the Sikkim Information Commission (Management) Regulation 2008 on or before 23/08/16. A copy of the Counter Statement also to be made available to the Appellant. A copy of the Appeal Petition dated 04/07/16 along with its annexures to be made available to the State Public Information Officer concerned.

The matter will be taken up for hearing on 19/09/16. Parties to attend accordingly.

ORDER SHEET Dated: 04/07/2016 Mr. Ganga Ram Rai, Mamring, South Sikkim Vs. State Public Information Officer, Forest, Env. & Wildlife Management Department . Appellant Shri. Ganga Ram Rai – Present.

Shri. K. B. Ghaley, A.C.F./ State Public Information Officer on behalf of the Public Authority – Present.

The Appellant accepted the fact that he has received the letter no. GOS/FEWM/SD/261 dated 29/03/16 sent under the signature of ACF of the Public Authority however the Appellant insisted that the State Public Information Officer instead of referring the Application under Form - 'A' dated 24/11/15 to the concerned Public Authority as required section 6 (8) of the Right to Information Act' 2005 unnecessarily delayed the whole proceeding. The State Public Information Officer submitted that the delay was due to the verification process of the relevant record in order to confirm whether the detail information sought for by the Appellant is maintained by the Forest, Env. & Wildlife Management Department. During the course of hearing the Appellant produced a letter issued in his favour by the State Public Information Officer, Land Revenue & Disaster Management Department no. 88/RTI/LR&DMD/GOS/158 dated 07/12/2015 regarding the same information which the Appellant has sought for from the Forest, Env. & Wildlife Management Department. Taking cognizance of the direction of the State Public Information Officer, Land Revenue & Disaster Management Department this Commission direct the District Collector, East to make necessary arrangement of inspection of the relevant record in terms of section 2 (j) (i) of the Right to Information Act' 2005 and a joint inspection to be fixed with the Forest, Env. & Wildlife Management Department to ascertain the facts of the record at the field level. The information sought for is particularly relating to plot no. 146 and 162 of Khasmal area within Mamring Block, East District. Action for the spot inspection to be carried out within fortnight period and details of the same to be provided to the Appellant free of cost and compliance of the same to be made available to this Commission.

Copy of this Order to be made available to all concerned for compliance.

ORDER SHEET

Complaint No. 05/SIC/2016 Dated: 24/06/2016

Mr. Mahindra Prasad Gurung, Upper Shyari, East Sikkim. Vs. State Public Information Officer, Roads & Bridges Department .

Complainant Mr. Mahindra Prasad Gurung – Present.

It is submitted before the Commission by the Complainant that information regarding A to H of his Complaint dated 09/07/16 are not made available by the State Public Information Officer despite of the fact that he has approached vide his application dated 23/05/16 before the First Appellate Authority and the First Appellate Authority also vide his Order dated 10/06/16 specifically directed the concerned State Public Information Officer/ Assistant State Public Information Officer to provide all the information free of cost within a week time i.e. on or before 15/06/16. This Commission is of opinion that the State Public Information Officer concerned who was present in the hearing before the First Appellate Authority has deliberately ignored to comply with the directives of the First Appellate Authority thereby depriving the rightful information to the Complainant in terms of the provisions of the Right to Information Act' 2005.

The Commission therefore in terms of under section 18 (1) (e) of the Right to Information Act' 2005 admit the Complaint and accordingly issue directives to the State Public Information Officer concerned to file Counter Statement if any against the issues raised by the Complainant in his Complaint Petition dated 09/07/16 in terms of the regulation 10 of the Sikkim Information Commission (Management) Regulation 2008 on or before 23/08/16 and also to show cause why maximum penalty may not be imposed as contemplated under section 20 of the Right to Information Act' 2005 for failure to provide full and complete information in accordance with the provisions of the Right to Information Act' 2005. A copy of the Counter Statement if any also to be made available to the Complainant.

The State Public Information Officer and the Complainant to appear on 21/09/16 for further hearing of the matter.

ORDER SHEET

Dated: 24/06/2016 Mr. Mahindra Prasad Gurung, Upper Shyari, East Sikkim. Vs. State Public Information Officer, Roads & Bridges Department .

Complainant Mr. Mahindra Prasad Gurung – Present. Shri. Y. N. Gautam, Superintendent Engineer (West)/ State Public Information Office accompanied by Shri. P. L. Sharma, Divisional Engineer (Soreng)/ Assistant State Public

Information Officer, Roads & Bridges Department and Shri. Suman Chettri, Assistant Engineer (Soreng) – Present.

The Complainant is satisfied that the information made available to him by the State Public Information Officer in reply to his Application under Form - 'A' dated 18/04/16, the Complainant however found that the information provided to him by the State Public Information Officer is not certified in accordance with section 2 (j) (iii) of the Right to Information Act' 2005. The State Public Information Officer to provide all certified copies of the information which he had already provided to the Complainant. The Complainant insisted for compensation for harassment which he has to face to obtain these rightful information from the office of the State Public Information Officer and also penalization of the delay to provide these information by the State Public Information Officer/ Assistant State Public Information Officer within the stipulated time as per Section 7 (1) of the Right to Information Act' 2005. This Commission after carefully examining the submission of the Complainant is of opinion that the claim of compensation made by the Complainant is not maintainable as the justification submitted by the Complainant for the compensation is found not admissible for the compensation in terms of under section 19 (8) (b) of the Right to Information Act' 2005 hence the claim of compensation is rejected. The Commission on perusal of the Counter Statement dated 24/08/16 submitted by the Assistant Engineer found that the justification for the delay to provide the information to the Complainant is not acceptable. The State Public Information Officer/ Assistant State Public Information Officer/ Assistant Engineer informed the Commission that as representatives of the Department in the District/ Sub Division/ Block Level they do not have any responsibilities towards the activities of the Gram Panchayat concerning their subject matter as and when there is Gram Sabha. The State Public Information Officer/ Assistant State Public Information Officer however submitted that implementation of Programme/ Schemes are being carried out directly under their supervision. This Commission therefore found that the submission of the State Public Information Officer/ Assistant State Public Information Officer that they have nil responsibilities towards the Gram Panchayat/ Gram Sabha is not acceptable. This Commission is aware of the fact that the Gram Panchayat/ Gram Sabha accept the process of selection of beneficiaries for a particular Scheme/ Programme, all other activities are being carried out after consultation with the concerned line Department. Denying the information on the ground that information are not available in the record maintained in the Department is therefore amounts to intentional denial of one’s fundamental right enshrined under the Act. The information made available to the Complainant vide memo no. GOS/200/R&B/Div-I/07-08/55 dated 13/06/16 after almost two months of Complainant’s Application dated 18/04/16 under Form - 'A' and after the direction of the First Appellate Authority on 10/06/16 to provide all information free of cost within a week time without any prima facie reasons of the delay is a case of negligence and dereliction of duty by a responsible Officer. This Commission therefore penalize a sum of Rs. 5000/- ( Rupees Five thousand) only to be paid by the Assistant State Public Information Officer/ Assistant Engineer concerned jointly in terms of under section 20 (1) of the Right to Information Act' 2005 for malafidely delayed to provide the information and also knowingly given a incorrect and incomplete information to the Complainant. The Head of the Department of the Public Authority to deduct the penalized

83 amount from the salary of the concerned Officers and deposit the same to the relevant budget head of the State Government.

A copy of this Order to be made available to all concerned including Head of the concerned Public Authority for needful action.

ORDER SHEET

Complaint No. 06/SIC/2016 Dated: 28/06/2016

Complainant : Shri. Prem Raj Gurung, Namchi Bazar, South Sikkim. Vs. State Public Information Office: Forest, Env. & Wildlife Management Department - Respondent. Complainant Shri. Prem Raj Gurung – Present.

This Commission on perusal of the Complaint Petition dated 20/07/16 under section 18 of the Right to Information Act' 2005 and the various annexures appended along with the Complaint Petition is satisfied that the State Public Information Officer has denied full and complete information to the Complainant in accordance with the Order of the First Appellate Authority dated 03/06/16 thereby compelling this Commission to take cognizance of the issue in terms of section 18 (1) (e) of the Right to Information Act' 2005. The State Public Information Officer has further failed to explain why most of the information sought for by the Complainant vide application under Form - 'A' dated 12/04/16 is ‘Not Applicable’. Considering the nature of the Complaint this Commission accept the Complaint Petition dated 20/07/16 of the Complainant and accordingly direct the State Public Information Officer to file his Counter Statement if any on the issues raised by the Complainant in his Complaint Petition dated 20/07/16 in terms of the regulation 10 of the Sikkim Information Commission (Management) Regulation 2008 on or before 30/08/16. A copy of the Counter Statement if any also to be made available to the Complainant.

Copy of the Complaint Petition dated 20/07/16 along with its annexures to be served to the State Public Information Officer. The State Public Information Officer and the Complainant to appear on 23/09/16 for further hearing of the matter.

ORDER SHEET

Dated: 28/06/2016 Complainant : Shri. Prem Raj Gurung, Namchi Bazar, South Sikkim. Vs. State Public Information Office: Forest, Env. & Wildlife Management Department - Respondent. Complainant Shri. Prem Raj Gurung – Present. Shri. Dr. Gopal Pradhan, Pr. Scientist/ State Public Information Officer, SPCB accompanied by Shri. B. K. Chettri, Sr. Scientist, SPCB – Present.

On perusal of the letter no. 1280 dated 29/08/16 submitted by the State Public Information Officer, SPCB, Sikkim it is found clarified that the mandatory requirement of Environment Audit Report to be submitted by the Companies/ Industries is no more necessary due to the amendment of Notification no. GSR/329 (E) 1992 by the Notification no. GSR/386 (E) dated 22/04/93. In view of this submission of the State Public Information Officer the Complainant is now satisfied with the declaration of the information by the State Public Information Officer vide letter no. 85/SPCB/586 dated 10/06/16 and letter no. 1280 dated 29/08/10. However the Complainant informed the Commission that he has some doubt on the interpretation of the said amendment Notification no. GSR/386 (E) dated 22/04/93 referred by the State Public Information Officer regarding non requirement of submission of Environment Audit Report by the Industries/ Companies. He has further submitted that the said amendment is only for the purpose of some other issues not relating to the Hydel Power Project. The State Public Information Officer however assured and undertakes to provide a copy of the said amendment Notification to the Complainant within two to three days time. The Commission allowed till 27/09/16 to provide the said information to the Complainant.

With regard to the prayer of the Complainant for imposing penalty for delay to provide information to the Complainant, this Commission found that there is indeed a delay of almost two months from the date the Complainant has filed an Application under Form - 'A' dated 12/04/16 before the State Public Information Officer, SPCB, Government of Sikkim. The information made available to the Complainant vide letter no. 85/SPCB/586 dated 10/06/16 by the State Public Information Officer is also only after the Complainant has filed an Appeal before the First Appellate Authority through his Appeal under section 19 (1) of the Right to Information Act' 2005 dated 13/05/16. The State Public Information Officer has also failed to provide any justification of the delay to comply with the mandatory provisions of under section 7 (1) of the Right to Information Act' 2005. This Commission therefore impose a penalty of Rs. 2500/- (Rupees twenty five hundred) only to be paid by the State Public Information Officer in terms of under section 20 (1) of the Right to Information Act' 2005 for the unjustified and inordinate delay to declare information in accordance with the provisions of the Right to Information Act' 2005. The Head of the concerned Public Authority to deduct the penalized fine amount from the salary of the State Public Information Officer concerned and deposit the same to the concerned budget head account of the Department.

Copy of this Order to be made available to all concerned including the Head of the Organization for compliance of the above directives.

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