Friday, January 3, 2020

How RTI is silently killed by Odisha Information Commission


How RTI is silently killed by Odisha Information Commission
&
How the Information-Seekers are harassed by Information Commission in their bid to protect corrupt and erring officers  

Despite notice issued by Smt. Sashiprava Bindhani, SIC, the PIO, office of Collector does not care to respond nor does the Collector, Puri conduct any inquiry within span of 15 months.  Forget about supply of information ?

·         The Appellant    appeared the case for 11     within span of  15 months (from Nov. 18 to January, 2020).
·         The hearing is adjourned 11 times with Smt. Bindhani issuing notice to the PIO and  Collector, Puri  every hearing with no result.
·          The PIO and Collector, Puri never care to respond Mrs. Bindhani despite repeated warning  even threats of use of section 20.
·         Astonishingly, without taking any action  exercising her power of Civil Court under section 18 of the RTI Act,  Mrs. Bindhani still continues  issuing notice for report.
·         The Collector, Puri is determined not to appear and not to respond  to the notice of the Commission. Even he did not care to respond personal appearance notice issued  by Smt. Bindhani. Horrible situation in the Commission. We must think of  how we will get justice from these highly salarised people  stationed  in the Commission.
·          The Appellant is left in hopeless world.

The case study is as follows.
Dear friends
On 20.11.19., Sri Malaya Behera of Delang Block of Puri district has   submitted RTI Application to the PIO, office of Collector, Puri seeking information about details of  Dandapokhari work sanctioned under NREGS, payment made  to labourers  and action taken on his grievances etc. Finding non-supply of information, he made first appeal to the First Appellate Authority, office of Collector, Puri seeking direction to the PIO to supply information. The FAA neither heard nor disposed the appeal petition. Then, Malaya filed second appeal dt. 5.2.16  in the office of Odisha Information Commission seeking justice. The Commission registered the case Second Appeal -341/16 and sought status report from the Office of Collector, Puri dated 1.7.17. The PIO, Collector, Puri intimated to the Commission enclosing copy of some correspondence made in connection with the matter.

After around 2 and half years, Smt. Sashiprava Bindhani started hearing of the Second Appeal case No. 341/16. The below is the chronology of hearing of the case by Smt. Bindhani with absolutely no result.


Date of Hearing of SA 341/16
Order of Smt. Bindhani and defied by PIO and  Collector, Puri
First Date
9.11.18
The Appellant was present. PIO was absent. Hearing the case, the Commission directed the Collector, Puri  to cause an inquiry in the matter of non-compliance of information  as sought for  and compliance to the notice of the order of the Commission and fixed date 21.1.2019  for hearing .
Second Date
21.1.19
The Appellant  was present. The PIO, Collectorate, Puri  was absent without intimation. The PIO was directed to submit written memorandum and the Collector, Puri was  directed to submit his inquiry report. Fixed 21.2.19 for next hearing.
Third Date
21.2.19
The Appellant was present. The PIO, Collectorate, Puri  was absent without intimation. The PIO did not  care  to comply order of the Commission.  Smt. Bindhani issued  show cause notice  under section 20 of the RTI Act, failing which the Commission will take exparte decision as per law.
Fourth date
22.4.2019
The Appellant was present. The PIO, Collectorate, Puri  was absent. He prayed  Commission to allow him some more time. The Collector, Puri as authorized  officer  did not care to submit report.
Fifth Time
5.7.2019
The Appellant was present. The PIO, Collectorate, Puri  was absent. The PIO and Collector, Puri were directed  to submit  their report in the next date of hearing on 30.7.19.
Sixth Time
30.7.19
The Appellant was present. The PIO, Collectorate, Puri  was absent without intimation. The Commission directed both the PIO and Collector, Puri to appear in person on the next date of hearing on 20.8.19
Seventh Time
20.8.19
The Appellant was present. The PIO, Collectorate, Puri  was absent without intimation. But has reported after hearing is over. He did not submit anything.  The Commission again directed  the Collector, Puri  to ensure submission of the inquiry report on or before 30th Sept. 19.
Eighth Time
15.10.19
The Appellant was present.  Banamali Satapathy, PIO-cum- Asst. Collector, Puri  appeared the hearing.  No information was  supplied. The Commission directed  the PIO and FAA  to submit their respective written submission and also directed  the Collector, Puri , authorized Inquiry officer  to submit inquiry report. Fixed 20.11.19 for next hearing.
Ninth Time
20.11.19
The Appellant was present. The PIO, Collectorate, Puri  was absent without intimation. Finding no way, Mrs. Bindhani made another futile attempt directing the Collector, Puri  to submit inquiry report in the next date of hearing on 17.12.19.
Tenth Time
17.12.19
The Appellant was present. The PIO, Collectorate, Puri  was absent . Finding no way in bitter helplessness, Mrs. Bindhani made another futile attempt directing the Collector, Puri  to submit inquiry report in the next date of hearing on 2.1.20.
Eleventh Time
2.1.2020
 The Appellant  was present. The PIO was absent. The Collector , Puri did not  care to submit inquiry report. Fixed  another date of February , 20 for hearing.

Pradip Pradhan
M-9937843482
Date- 3.1.2020

( Why we  write it because the people must understand  the character of Information Commissioners  for whom we are paying Rs. 2.8 lakh per month. Their lack of expertise, inefficiency and inexperience has damaged prospect of most empowering law of the country i.e., RTI Act in Odisha)

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