RTI opens up flood-gate of conspiracy hatched to ensure arbitrary appointment by Govt. of Odisha in
the appointment for the post of State Information Commissioner
After long battle of 3 months
with State bureaucracy, the Information and
Public Relation Department, Govt. of Odisha, the Nodal Department for
implementation of RTI Act in Odisha was
forced to disclose the information about details of procedure followed (?) for selection
and appointment in the post of
SIC of Odisha. The chronological of the
events led to disclosure
of the information which brought
to limelight the arbitrary appointment is
presented below for the readers’
reference.
1. On
18.5.15, RTI Application was submitted to the PIO, Department of Information
and Public Relations seeking information about procedure followed for the said
post. The details of information sought and the information provided by the PIO
is as follows.
|
Information
Sought for
|
Information supplied by the PIO
|
Remarks
|
|
Provide information about whether the State Govt. has developed any
written procedure for appointment in the post of Chairman and Members of
Odisha Information Commission. If yes, please provide copy of it.
|
No information supplied
|
There is no written
procedure with Govt. for selection of the candidates for the post of
Information commissioner. That’s why the selection is
arbitrary and politically motivated.
|
|
Provide information about
details of procedure followed for
issuing advertisement to
nominating candidates to the post of
Chairman and Members of Odisha Information Commission.
|
File noting supplied
|
|
|
Provide list of Candidates applied for the post of
Chairman and Members of Odisha Information Commission following the
advertisement
|
list of
Candidates was not supplied
|
This information was kept
in secret. It shows the ulterior motive of
Odisha bureaucracy.
|
|
Provide
information about details of criteria taken up for
shortlising candidates for the
post of Chairman and Members of Odisha
Information Commission which was presented to the selection Committee and
name of the shortlisted candidates.
|
Information provided
|
|
|
Provide details of reason / justification behind
rejecting the candidature of the
applicants applied for the post of
Members of Odisha Information Commission ( information to be provided
candidature-wise)
|
No information supplied.
|
As because the information
was arbitrary and pre-designed. This information is not available with the
PIO.
|
|
Provide name of the Scrutiny Committee assigned
to scrutinize the application and copy of the proceedings of that
committee, if any
|
Information supplied
|
|
|
Provide information about the criteria taken up or the procedure followed for
scrutinizing the application of the
applicants.
|
Information provided
|
|
|
Provide copy of the proceedings of the selection
Committee meeting held twice for nominating the name for the post of Chairman
and Members of Odisha Information Commission
|
Copy of proceedings of one selection
committee headed by Chairman-cum- Chief Minister, Odisha meeting
held on 16.5.14 was provided.
|
Copy of the proceeding of first
selection Committee held on 30.4.15 was not provided. It needs to be
mentioned here that Sri Narasingha Mishra, leader of Opposition
who is the member of the selection Committee left the meeting with objection.
|
|
. Provide information about the views of the
opposition leader or dissenting note, if any given by the opposition leader
as member of the selection Committee.
|
Information supplied
|
Sri Narasigha Mishra said
the shortlisted persons are not
persons of eminence in public life as defined
in Paragraph-99 of the
judgement of Hon’ble Supreme
Court and therefore they are not eligible to be appointed.
|
|
Provide copy of the file noting starting from the
process of issuing advertisement to finalization of candidates for the post
of Chairman ad Members of Odisha Information Commission in the selection
committee.
|
Information supplied
|
|
|
Provide copy of the letter sent
to Governor, Odisha proposing the name of two candidates for appointment in the post of Chairman
and Members of Odisha Information Commission
|
No information supplied.
|
|
2. Critical Comments
A. Total
number of 44 candidates applied
for the post of State
Information Commissioner.
B. While
analysing the proceedings of the
High-level Scrutiny Committee headed by
Sri U.N. Behera, Development Commissioner with members, Principal Secretary,
Dept. of Law and Principal Secretary,
Dept. of General Administration, Commissioner-cum-Secretary, I and PR Dept. as
Member Convener , It was found that the Committee had taken up three criteria for the
selection of Candidates i.e., minimum age of 45 years, at least 20 years of experience and
eminence in public life catering to
mandatory provisions as envisaged in the section 15 (5) of the RTI Act. Keeping
these criteria in view , the Committee after considering the details of the applicants, their educational
qualification, eminence ad experience
shortlisted 6 candidates for the post of Information Commissioner. But in interestingly, there is no
justification cited by the Committee about rejection of application of other candidates, though they
fulfil these criteria.
C. Fearing
that arbitrary procedure followed by
the Scrutiny committee which may be exposed, the PIO has
not provided any information about details of candidates who have
applied for the post of the Information ( except shortlisted candidates). This is true
character of Odisha Government which falsely projects as a transparent
Government.
D. The
Committee should have given justification
against each candidate in respect of their eligibility for which only 6
candidates were eligible for being shortlisted for the said post.
E. Similarly, the proceedings of the
selection Committee headed by Chief Miister has
not given any justification / reason why the four out of 6 shortlisted candidates were not eligible for the post of State Information
Commissioner.
They are also prominent and eminent figure in Odisha. These four shortlisted candidates are as follows
|
Ms. Sanghamitra Mohanty
|
Post Graduate Degree
in Science, Ph.D and bachelor
of Law, Director of School of Women’s studies, Vice Chancellor of
North Odisha University, Baripada, Developed technologies and tools
to deal with Odia language which are included in 13
Intellectual Property Rights,
recipient of Samanta Chandra
Sekhar Award from Odisha Bigyan academy, Govt. of Odisha and having 36
years of vast experience and eminence in research field.
|
|
Sri Devaraj Raut
|
B.SC. Degree with LLB. He
served as Principal Secretary to Law
Dept., Special Officer ( Administration), Odisha High Court, Addl. District and Session Judge, Fast
Track Court, Registrar ( Judicial), Odisha High Court, Special Judge, CBI,
having 32 years of experience in the
field of administration and justice.
|
|
Sri Hrushikesh Tripathy
|
Post-graduate degree with Bachelor of Law, Holds various important post in Govt. as Special secretary, Water Resoures, Secretary, Dept. of Sports and Youth Affairs, covered wide range of subjects like Revenue, Panchayati Raj, Rural Development etc.
|
|
Sri Janardhan Diwakar
Sharma
|
Msc. Degree, LLB and also
MSC in Forestry having 37 years experience as a Indian Forest service
Officer. He was Principal Chief
Conservator of Forest , Deputy Inspector of General , Ministry of Rural
Development, Govt. of India
|
Conclusion
So, earlier allegation of arbitrary
appointment without following any transparent procedure was proved true. The
procedure followed was just eye-wash exercise and sheer deception. The appointment made by the Govt. is
pre-designed, pre-fixed and politically motivated.
Pradip Pradhan
M-9937843482
Date- 31.7.15
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