Direction of Lokayukta, Odisha is undermined , ignored and bypassed by Govt. of Odisha and Corrupt Public Servants well-protected by Nabin Patnaik Govt.
Lokayukta, Odisha maintained ominous silence when the issue of non-compliance of its direction is raised.
Case Study-1
As envisaged, the mandate of the Lokayukta, Odisha under Odisha Lokayukta Act, 2014 is to inquire into allegation of corruption against Public servants and Public authorities and prosecute them as per law. While inquiring into the allegation of the corruption, the Lokayukta is empowered to issue appropriate direction to the competent authorities to initiate disciplinary proceedings against the public servants . Within one and half years of its functioning, the Odisha Lokayukta has given direction in so many cases to the competent authority to take legal action against the corrupt public servants. But the competent authorities under Govt. of Odisha are not only dilly-dallying with this order but simply ignored the order of the Lokayukta without taking any action against corrupt officials for years together. Lokayukta, Odisha washes its hand just passing order without monitoring whether its order implemented or enforced. Corrupt officials are seen protected by Govt. of Odisha. We honestly feel that if this trend continues, the ethos of Lokayukta Law will be in jeopardy and the institution of Lokayukta will be redundant in the coming days.
I present herewith a case study ( LY Case No.- 301/2019 ) about how a Sarapanch, though found guilty by the Lokayukta is still protected by Minister for Panchayat Raj and Drinking Water, Govt. of Odisha.
Chronology of the Case ( LY Case No.- 301/2019 ) filed, heard, disposed by the Lokayukta, Odisha
|
SL.No. |
Date |
Subject matter |
|
1 |
4.9.19 |
A complaint was filed ( by Pradip Pradhan, M-9937843482) before Lokayukta, Odisha seeking an inquiry into serious irregularities , corruption and misappropriation of Rs. 8 lakh in the development work undertaken by the Sarapanch and panchayat Executive Officer of Anlo Gram Panchayat and non-deposit of the weekly hat collection amount under Niali Block of Cuttack district |
|
2 |
21.9.19 |
Taking cognizance of the Case LY No. 301/2019, Lokayukta, Odisha issued notice to the Collector, Cuttack to file response. |
|
3 |
22.12.19 |
Acting on the inquiry report of SDPO, Cuttack , the Collector, Cuttack vide letter No. 1220/GP addressed to the Director, Panchayat Raj & DW recommended for initiation of disciplinary proceedings against Snigdha Mohanty, Sarapanch, Anlo GP under section 115 of the Odisha Gram Panchayat Act. The inquiry report was submitted in the office of Lokayukta. |
|
4 |
31.12.19 |
While considering the inquiry report The Lokayukta called for comments from the Collector, Cuttack as to whay immediate action is proposed to be taken against Sarapanch, Anlo GP and directed to Govt. to complete the inquiry within 3 months. |
|
5 |
27.1.20 |
The Govt. in dept. of Panchayat Raj issued letter for suspension of Sarapanch by framing charges on various points. |
|
6 |
1.2.20 |
BDO, Niali GP passed order under Rule 21 (2) of the GP Manual to take over the charge of Sarapanch by the Niali Sarapanch. |
|
7 |
14.2.20 |
Mrs. Signdha Mohanty, suspended Sarapanch filed the case WPC 5258 /20 in High Court challenging suspension order of the Govt. On 14.2.20, the High Court passed order of status quo and did not pass any order on suspension of Sarapanch. Naib Sarapanch continues as Sarapanch in Anlo GP. |
|
8 |
29.5.20 |
Astonishingly, Govt. issued order no. 8883 to reinstate Sarapanch by withdrawing the suspension without completing the inquiry into allegation of corruption again Sarapanch. Sarapanch took over charge in Anlo Gram Panchayat. |
|
9 |
18.6.20 |
The Lokayukta passed order on revocation on the following observation: (a) We failed to understand how the revocation order passed when there is serious allegation of financial irregularities. (b) Accordingly order passed for personal appearance of the Addl. Secretary with records and to file show cause the ground of revocation. |
|
10 |
16.7.20 |
Govt. of Odisha in the Panchayat Raj Dept. filed the show cause on the following points (a) Felt to be a fit case to lift suspension on the delinquent Sarapanch in the interest of public of Grama . (b) Sarapanch played in key role in the GP to manage COVID 19 PANDEMIC. This argument did not satisfy the Lokayukat Bench during hearing. But the Dept. did not complete the inquiry , though around one year passed even after order of the lokayukta. |
|
11 |
16.9.20 |
The complainant filed the objection in the Lokayukta and prayed for action against Sarapanch and Panchayat Executive Officer and recovery of the amount. |
|
12 |
13.10.20 |
The Lokayukta passed the final order Directing the Secretary and the Addl. Secretary, Dept. of Panchayat Raj to immediately re-visit the order passed on 29.5.20 and pass a freshed reasoned order as per law , by also taking into account of the order dt. 14.2.20 of the hon’ble High Court passed in WP ( C) 5258 /20. Recommended to Director, Dept. of Panchayat Raj , with changed situation now after lifting of lockdown , he must endeavor to conclude the proceedings intiated against Smt. Signdha Mohanty within 3 month from today. |
|
13 |
19.11.20 |
The Govt. is yet to take any action against Sarapanch , Anlo GP and the order of the Lokayukta is gathering dust in the Panchayat Raj Dept. |
Pradip Pradhan
M-9937843482
Date- 19.11.20
( Presented in Press Meet organized by OSAA in Bhubaneswar dt. 19.11.20 )
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