Tuesday, September 4, 2018

Useless and Third-grade order of Odisha Information Commission


Useless and Third-grade order of Odisha Information Commission
Most inefficient, lazy and lethargic people have been appointed in the post of Odisha Information Commission by State Government to destroy RTI Act – How

·The Information   Commission has not mentioned subject matter of information in its decision.
·Without ensuring information, Sri L.N.Patnaik, Information Commissioner on 4.8.17.  again sent back  first appeal to First Appellate Authority  to hear  the  appeal petition and dispose  it on merit . It is already 3 years over since filling of RTI Application by applicant on 12.11.14.
·The Information Commissioner disposed the case on 4.8.17 but sent the copy of decision on 24.8.18 after one year of his decision. As the Commission made unprecedented delay in sending the copy of order, the First Appellate Authority, BDO, Bonth block did not hear the case nor ensured the information.
·Despite approaching the Commission to get justice, the applicant could not get information within four years.

Do  you love or hate   this L.N.Patnaik, Information Commissioner, a  Yes man of Third Floor of  Odisha   Secretariat.

Below is the detailed presentation of the case

Dear friends
As per  section 18, 19 and 20  of the RTI Act,  the Information Commission of the State  and Centre  is  empowered  to hear  and dispose  appeals  and  complaints,  ensure information to the appellant  and complainant  and impose penalty  on erring  PIO for non-supply of information.  The decision of the Commission is final and binding.  The efficiency, expertise, understanding about land and legal acumen   of the Information Commissioners is highly essential to deliver justice to the aggrieved citizens. But here in Odisha,  the   State  Government  have appointed  such a people  in the post of  Information  Commission  who are  not only inefficient, useless  but lack expertise  to hear the  case.

I cite herewith a case( Second Appeal Case No. 1494/2015)  of  L.N.Patnaik , State  Information Commissioner , a known lethargic  Commissioner in history of India . When , I read  the  content of the  decision,  I felt very ashamed  how the State  Govt. appointed  such a fantastic  useless  people  as Information Commissioner.

1.       On 12.11.2014., Sri Ramesh Kumar Mallik, an Information seeker  of Bhadrak  district  had filed RTI Application  to the PIO,  Bonth Block office, Bhadrak  seeking some  information (  though it  is mandatory, but the  Commission  in its  decision has not written  the  subject matter of information). So the readers could not know type of information sought by   RTI Applicant from the decision of the Commission.
2.       When the PIO did not respond the RTI Application, Sri Ramesh, the applicant sent a reminder to the PIO to supply  the information.
3.       Finding  no response  from the PIO, Ramesh  filed  First Appeal  by post  dated 7.1.2015  to the First Appellate  Authority-cum-BDO, Bonth Block  under section 19 (1)  of the RTI Act. But  astonishingly, the letter  returned back from the  block office with remarks  as the addressee is  not seen in the office.
4.       When the First appeal letter returned back, Ramesh filed second appeal   in the office of Odisha Information Commission under section 19(3) of the RTI Act. ( It is interesting  that  the Commission  has not mentioned  in his decision  the date of submission of Second appeal  by appellant )
5.       The case was registered as second Appeal No. 1494/2015. On 4th August 2017 , after two years of filling the case, Sri L.N.Patnaik, State Information Commissioner  heard the case  and disposed with  direction to redirect  the first  appeal  to the First Appellate  Authority  to hear and dispose  the case  within 45  days after receipt of the order.  In case of non-disposal of the appeal petition by the FAA,  the appellant has the liberty to approach the Commission again by filling  complaint or Second appeal.
6.       Though the Commissioner disposed the appeal on 4.8.17, but he took one year to send copy of the order to appellant and First Appellate authority on 24.8.18.  As the First Appellate authority has not yet disposed the case, as he received the decision of the Commission recently.  Had the Commission sent the decision quickly just after disposal, the FAA would have heard and ensured the information to appellant.  But due to inefficiency and callousness and lack of ability to write order, the Commission took one year to  send the copy of decision.
7.       The Commission could have disposed  the case  by directing the PIO and First Appellate authority to provide the information.
8.       The Commission should have imposed penalty on PIO for denying information.
9.       Four years passed, the applicant Ramesh  has not yet  got  the information despite  filling appeals  to  the Information Commission.

This is the sorry state of affairs of Odisha Information Commission.

Pradip Pradhan
M-9937843482
Date- 3.9.18

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