Memorandum submitted to Governor, Odisha Seeking High-level Enquiry into huge irregularities, corruption, malpractice
and favouritism noticed in appointment of Odisha Information Commissioners.
On
16.7.15, Hon’ble Governor of Odisha assured
a four-member delegation ( Pradip
Pradhan, Sudhir Mohanty, advocate, Sri Debesh Das, retired bureaucrat and Sri
Sanjay Panda, RTI Activist) to
order to the State Government
to enquire into
allegation of non-supply of information by the Department of Information and Public
Relation about the details of procedure followed for selection and
appointment of Information
Commissioners.
A Mass
Dharana was organised by RTI Activists
under banner of Odisha Soochana Adhikar Abhijan (a State-level Forum spearheading campaign
for effective implementation of RTI Act in Odisha) demanding high-level enquiry into huge irregularities, malpractice,
favouritism made in the appointment of
Odisha Information Commissioners by
corrupt bureaucrats, disclosure of
all information in public
domain about details of procedure followed,
criteria taken up for short-listing
candidates, details of
applicants and proceedings of the Selection Committee and
withdrawal of anti-people Odisha RTI Rules,
2005.
After
declaration of the name of two useless candidates for the post of Information Commissioners on
16.5.15, the Civil Society Groups and RTI
Activists submitted memorandum to Governor, Odisha on 18.5.15 appealing
him not to give appointment to
these people who have been
arbitrarily selected by the Govt. without following any
transparent procedure. After that series of RTI Applications were submitted to the PIO, Department of
Information and Public Relation
to provide details of
procedure followed for
appointment of Information Commissioners.
Though about two months have
passed, the PIO has not responded the
RTI Application. It is clear that the PIO with malafide intention and to keep secret the corruption and
irregularities involved in
appointment has denied
the information.
It needs to be mentioned here that on 30.4.15, we the RTI Activists holding Dharana at Raj Bhawan had submitted a memorandum to
His Excellency to direct the State Govt. to issue detailed
written transparent
procedure in respect of
appointment of the Commission,
declare publicly name of the applicants, their background, experience and expertise, details
of search Committee, inviting public view
on the final list
for the post of Information
Commission prior to sending the name to the Governor of Odisha for appointment etc.
Similarly, on
18.5.15, a good number of representatives of Civil
Society Organisations and RTI Activists had gathered
at Raj Bhawan and submitted a memorandum to His Excellency for quashing the arbitrary decision of the state
government for selection of two persons for appointment in the post of State
Information Commissioners by the Selection Committee headed by Chief Minister on
16.5.15 on the ground of
noncompliance of section 4(1) C of RTI Act and non-transparent procedure.
As per section 15 of the RTI Act, the
Information Commission is an independent adjudicating authority empowered to
hear, enquire and dispose the cases of violation of RTI Act, impose penalty on erring PIO and dispense justice to the
complainant-citizens. The Commission is also required to enforce transparency
and accountability in the administration. So, the appointment of the Commission
should be transparent and the people who are being appointed in the Commission
must be above suspicion. But it is matter of regret that the State Government
has maintained utmost secrecy in the appointment of the Information
Commissioners.
As per section
4(1) (c ) of the RTI Act, the concerned public authority is obligated to
disseminate show motto all relevant information relating to adoption of any
important policy or decision that effect public interest. As you might further
know the selection committee for the appointment to State Information
Commission being a public authority within the meaning of section 2 (h ) of RTI
Act ought to have disclosed show-moto the
information relating to procedure of the selection of the Information
Commissioners prior to taking such
decision.
It deserves to be mentioned here that while adjudication
the Writ Petition No. 210/2012 and Review Petition No. 2309/2012, the
Supreme Court has given direction to both Central Govt. and State Govt. that the Committees under Sections 12(3) and 15(3)
of the Act while making recommendations to the President or to the Governor, as
the case may be, for appointment of Chief Information Commissioner and
Information Commissioners must mention against the name of each candidate
recommended, the facts to indicate his eminence in public life, his knowledge
in the particular field and his experience in the particular field and these
facts must be accessible to the citizens as part of their right to information
under the Act after the appointment is made.”
It has been
decided in Dharana by RTI Activists
to block the office of the
Commission, if the information is not provided
within 15 days of the order of
the Governor, Odisha.
Pradip Pradhan, M-9937843482, Date- 17.06.15
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