Report
On
Performance Audit of Odisha Information
Commission
( From Januarya 2016 to July 2017)
Introduction
As per
section 15 and 16 of the RTI Act, State
Information Commissions will function as
an independent and autonomous body
and final adjudicating authority without
being subjected to directions
by any other authority under this Act. The State Chief Information Commissioner and State Information Commissioner shall be persons of eminence in public life with wide knowledge and experience in law, science and technology , social
service , management , journalism, mass media , administration and governance. The
logic behind requiring
such qualifications for selection of Information Commissioner is
that the people getting appointed
as Information Commissioner
should be learned ,
knowledgeable, efficient to
hear and dispose the case and render justice to the Information-Seekers who were harassed, denied or mal-treated by the officials in their pursuit to access the
information, impose penalty on erring
PIO ( section 20) and award compensation
to the affected parties {section 19(8)(b)}. So the primary work of the Commission is to hear and
dispose the case at the earliest in order to dispense justice to the
victims.
Besides that the Commission has the power to recommend to the Public Authorities, if it appears that the practice of public authority in relation to the exercise of its function under this Act does not
conform with the provisions and
spirits of the Act, to take the steps
which ought in their opinion to be taken for promoting and conformity.
Keeping
in mind
the above-mentioned mandate of
Odisha Information Commission, we have audited
to understand their performance by
collecting the information from
the office of the Commission through RTI
and analyse how the commission has fulfilled
mandate of the Act.
Needless to
mention here that Odisha Information Commission is functioning with Sri
Sunil Kumar Mishra, Chief SIC, Sri
L.N.Patnaik, SIC and Smt. Sashi Prava
Bindhani, SIC. Both the SICs
go appointment in June 2015,
while Chief Information Commissioner was appointed
In Nov. 2016.
RTI Application was filed to Odisha Information Commission seeking information about details of
Complaints, Second Appeal cases
heard, disposed per month by each Information Commissioner and no. of cases
in which penalty was imposed from
January 2016 to July 2017. On 8.9.17, the PIO
has supplied the information.
A. No. of Cases ( Complaint case and Second Appeal) heard and dispsoed by Each Information
Commissioner from January 2016 to
July 2017 ( 19 months )
|
Name
of State Information Commissioner
|
Total Cases
heard
|
Total cases
disposed
|
Penalty
imposed in cases
|
|
Sri
L.N.Patnaik , SIC
|
3894
|
1293
|
41
|
|
Smt. Sashi
Prava Bindhani
|
4220
|
868
|
1
|
|
Division
Bench ( Sri L.N.Patnaik and Sashi Prava Bindhani)
|
443
|
72
|
19
|
|
Total
|
8512
|
2233
|
61
|
Analysis
1.
Sri L.N.Patnaik heard only 200 cases per months . It means in an average, Sri Patnaik heard only 10 cases per day ( 20 days in a month taken for hearing ).
2. In case of rate of disposal by
Sri Patnaik , it was found
that only 68 cases
has been disposed per
month. The percentage of disposal of total no. of cases heard by Sri Patnaik is 33%.
3.
The Percentage of penalty imposed
on total no. of cases disposed by Sri Patnaik is 3%.
4.
Smt. Sashi Prava Bindhani heard 222 no. of cases per month.
In an average, she heard only 11 cases per day.
5.
In case of rate of disposal
by Smt. Bindhani, it was observed that she disposed only 45 cases per month. The percentage of disposal out of of total no. of cases
heard within 19 months by Smt. Bindhani is 20 %.
6.
Out of total no. of 868 cases
disposed by Smt. Bindhani, she
has imposed penalty only on one case.
7.
In Division bench, Both L.N.Patnaik and Smt. Sashi Bindhani heard 443 cases and disposed 72 cases. The
percentage of rate of
disposal by Division Bench is
16 %.
B.
No. of cases heard and disposed
by State Chief Information
Commissioner ( SCIC) from Nov. 2016 to
July 2017 ( 9 months ). He
got appointment and started hearing from Nov. 16 .
|
Name
of State Information Commissioner
|
Total Cases
heard
|
Total cases
disposed
|
Penalty imposed in cases
|
|
Sri Sunil Kumar Mishra
|
2460
|
777
|
13
|
1. Sri Mishra, SCIC heard highest no. of cases i.e., 273 cases
per month and disposed
recorded no.
of 86 cases per month. In an average, he heard 13 cases per day.
2. The
percentage of disposal out of total cases heard
by Sri Mishra is 31%.
C.
Over all Analysis
1.
Sashi Prava Bindhani still
stands as worst performing Information Commissioner in Odisha. The disposal rate of cases by Smt.
Bindhani is low in comparison to that of other two Commissioners. When her case
disposal rate is 20% , the
rate of disposal of cases
by Sri L.N.Patnaik, SIC and Sri Sunil Mishra, SCIC is 33 % and 31 %
respectively.
2.
Smt. Sashi Prava Bindhani stands lowest in
rank of disposal of cases per month.
While Sri Sunil Mishra, SCIC disposes recorded no. of 86 cases per
month, Smt. Bindhani disposes just 45 cases
per month and Sri Patnaik, SIC disposes 68 cases.
Due to inefficiency, lack of knowledge and expertise, Smt. Bindhani
could not perform well and lingers the
cases by fixing date time and again. As
it has been witnessed several times, her performance during hearing of cases is
very disgusting and discouraging.
3. Sashi Bindhani is seen very supportive to erring and corrupt
officials and always come forward to protect them. That’s why though she has
individually disposed 868 cases,
but penalty has been imposed only in one case. But Sri L.N.Patnaik has imposed penalty in 41
cases . Sri Mishra, SCIC has
imposed penalty in
13 cases.
4.
It deserves to be mentioned here that Smt. Bindhani is
receiving salary amounting
Rs. 2,20,000.00 per month excluding other perks. Her appointment is loss
to state exchequer.
Srikant Pakal
Team leader of Audit Team
M- 9338455092
Date- 24.9.17
