Friday, April 19, 2019

Public Opinion sought by CM on Mahanadi issue was big farce


Public declaration by Chief Minister in 2016 seeking suggestion from the people of Odisha to resolve Mahanadi Water Dispute issue   was a flop show and  an eye wash exercise to cheat  the people,  exposed under RTI

·         Nobody knows  how  decision was  taken  to seek  suggestions  from public  about  Mahanadi Water  dispute issue.
·         Not  a single suggestions  received from various  organizations and experts  has been  taken  into  consideration  by State  Govt. Officials to incorporate it  in the memorandum prepared for presentation to Central Govt.
·         All documents  i.e., memorandum  of suggestions submitted various organisations   on Mahanadi Water  dispute   is gathering  dust and  the officials  are seen silent over it.

Dear friends
In 2016, when  the issue  of Mahanadi Water  dispute  was  debated  in public  domain  and the opposition parties  accusing state Govt. of  responsible  for  this debacle,  Central Govt. called  for  tripartite meeting  in New Delhi to bring  amicable solution of this dispute. Keeping it in view, Sri Nabin Patnaik, Chief Minister invited suggestion from public through release of advertisement in different newspaper published in August, 2016. A large number of people, students’ organisations and different social organisations thronged at secretariat and made big queue in front of Chief Minister’s office to submit their written suggestions to the Chief Minister. Electronics media and Print media made wide coverage of the programme and meeting of the CM with the delegation. During that time, I had asked one of my friends  who was on a delegation  to submit memorandum  about  response of CM, he said  that   Chief Minister  did not utter a single word except  only “ Thanks” . The meeting of delegation ended within a half minutes. The whole secretariat was opened for few days to facilitate the people  to meet  CM to  submit suggestion.  During that time , it was guessed  that this exercise  was like  a big melo-drama and an exercise  to deceive  the  people. Guess became true based on RTI Information.   Details of RTI expose   is as follows.

A.      Having seen the whole drama,  I had  filed RTI Application  dated 19.9.16 to the PIO, Dept. of Water Resources, Govt. of Odisha  seeking the  following information.

i. Provide information about details of decision taken at Govt.  level to seek public opinion and suggestion by Chief Minister on Mahanadi Water dispute issue along with copy of file noting and copy of press release.
ii. Provide name of the organizations who   met Chief Minister personally and presented their suggestions with date of their meeting.
iii. Provide name of the officials who were in charge of compiling the suggestions given by different organizations.
iv. Provide copy of the suggestions given by different organisations which were included in report / document prepared for presentation by Chief Minister in tripartite meeting held at New Delhi on 17.9.16.
v. Provide name of the officials who prepared the documents for presentation by Chief Minister in tripartite meeting.
vi. Provide copy of the documents which was presented in tripartite meeting for discussion with Chhatisgarh Govt. facilitated by Uma Bharati, Minister for Water resources.
vii. Provide information about details of outcome of the tripartite meeting and copy of press release given by Chief Minister. 
vii. Provide name of the organizations who have sent their views in emails.  

B.      The PIO, Dept. of Water Resources forwarded RTI Application to the PIO, Engineer-in-Chief, Dept. of WR to supply the information. The PIO, Office of Engineer-in-Chief did not supply any information except      part information i.e.,  copy  of suggestions  given by  different organisations supplied . After denial  of  justice by the First Appellate  Authority ,  I  filed  Second Appeal  dt. 5.11.16 to  Odisha Information Commission with  the  following discrepancy chart. The Commission  registered  my case  as second Appeal No. 191/2017.
                                        Discrepancy Chart
Sl.No
Information sought for
Information  supplied by the PIO
Remarks
i.
Provide information about details of decision taken at Govt.  level to seek public opinion and suggestion by Chief Minister on Mahanadi Water dispute issue along with copy of file noting and copy of press release.
No information  supplied  by the PIO
The PIO has kept the information secret.
 He should be directed to supply the information.  
ii
Provide name of the organizations who   met Chief Minister personally and presented their suggestions with date of their meeting.

Information  supplied

iii.
Provide name of the officials who were in charge of compiling the suggestions given by different organizations.

Information  supplied

IV.
Provide copy of the suggestions given by different organisations which were included in report / document prepared for presentation by Chief Minister in tripartite meeting held at New Delhi on 17.9.16.
Information  supplied  but incomplete
For example, the total copy of  the  letter of suggestions presented  by CPM and Agami Odisha has not been supplied.  Only  one page has been supplied.  The FAA should verify it  during hearing and direct the PIO to supply complete information.
The PIO  has also not  supplied  about  suggestions which were included  in report prepared for presentation by Chief Minister in tripartite meeting held at New Delhi on 17.9.16.
v
Provide name of the officials who prepared the documents for presentation by Chief Minister in tripartite meeting.
No information  supplied
The PIO with malafide intention has not  supplied to me. He  should be directed  to supply the information.
vi.
Provide copy of the documents which was presented in tripartite meeting for discussion with Chhatisgarh Govt. facilitated  by Uma Bharati, Minister for Water resources.

No information  supplied
The PIO with malafide intention has not  supplied to me. He  should be directed  to supply the information.

vii.
Provide information about details of outcome of the tripartite meeting  and copy of press release given by Chief Minister. 

No information  supplied
The PIO with malafide intention has not supplied to me. He  should be directed  to supply the information

C. After two years, the first hearing of the case SA No. 191/2017 was heard on 5.12.18   by  Sri Sunil Kumar Mishra, State  Chief Information Commissioner .  The Commission directed the PIO , office of Engineer-in-Chief, Water  Resources  Dept.  to supply  the  information following  the  Discrepancy Chart.

D.   After  order  of the Information Commission, the PIO, office  of Engineer-in-Chief, Water  Resources  Dept.  transferred  my RTI Application  to the PIO, Dept. of Water  Resources , Govt. of Odisha vide letter no. 595/WE dt. 8.1.2019  to supply  the  information about
·         copy of the suggestions given by different organisations which were included in report / document prepared for presentation by Chief Minister in tripartite meeting held at New Delhi on 17.9.16.
·         Name of the officials who prepared the documents for presentation by Chief Minister in tripartite meeting.

E.     The PIO  also transferred RTI Application to the  office of Chief Minister, Odisha vide letter No. 598/WE dt. 8.1.19 requesting   to supply  the following   information.
·   Provide information about details of decision taken at Govt.  level to seek public opinion and suggestion by Chief Minister on Mahanadi Water dispute issue along with copy of file noting and copy of press release.

F. Astonishingly, though 3 months passed, both the PIOs  have not  responded RTI Application. It shows  how utmost secrecy  is maintained  by  Dept. of Water Resources  and  office  of Chief  Minister.   

G.  On 22.3.19,  the PIO, office of Engineer-in-Chief, Water Resources   made  a submission denying  the  following  information on the ground  that the case is under adjudication  of Mahanadi Water Dispute Tribunal  and exempted under  section 8(1)(a) of the RTI Act.
·               copy of the documents which was presented in tripartite meeting for discussion with Chhatisgarh Govt. facilitated  by Uma Bharati, Minister for Water resources.
·               details of outcome of the tripartite meeting  and copy of press release given by Chief Minister. 

H.     During hearing dated 5.4.19., I objected denial of information on the  ground  that  the case  is under adjudication  of Mahanadi Water Dispute Tribunal  and exempted under  section 8(1)(a) of the RTI Act. The argument  is as follows.
·   When the information was sought for in 2016, Mahanadi Water Dispute Tribunal  was not  constituted. So  the  question of adjudication of cases pending in Tribunal  in 2016  does not arise.  The PIO with malafide intention is putting such useless argument  to mislead  Commission.
·   Denial  of  information under  section 8 (1)(a) is unwarranted, as the PIO  has not  specified  ground  how it  is exempted under  the said  section . What section 8(1)(a) of RTI Act  says
“ information disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interest of the state, relation with foreign state or lead to incitement of an offence.”

I.  After hearing my argument, the Commission asked  the PIO and First Appellate Authority to specify  the  exact  ground taken  for  denial  of information and made  submission in the next day  of hearing  fixed  on 18.4.19. On the said date, the PIO could not put any  argument  in support  of denial  of information. However  , the PIO  later  on  supplied  the  information relating  to  memorandum  on Mahanadi issue  and  proceedings  of tripartite meeting held in New Delhi on 17.9.16.

j.   Though RTI Application was forwarded to the office of Chief Minister, Odisha dated 8.1.19 to supply  the  information  aboutdetails of decision taken at Govt.  level to seek public opinion and suggestion by Chief Minister on Mahanadi Water dispute issue along with copy of file noting and copy of press release”,  the office of Chief Minister  has not yet  supplied the  information.

k. Similarly,  the PIO , Dept. of Water  Resources  has not  yet  supplied  any  information about  details  of suggestions  given by various  organisations  which were  included  in the Memorandum on Mahanadi issue  prepared  by State  Govt.  for  presentation to Central Govt. and name  of the officers  who prepared  the Memorandum.

l.   The Case  is  still pending in the  commission  with  direction to the PIO , office of Engineer-in-chief , WR Dept. to supply the  information.

Pradip Pradhan
M-9937843482
Date-18.4.19

No comments:

Post a Comment