Memorandum for Dismissal of Bikram Senapati, Odisha Information Commissioner

To Sri Jalada Kumar Tripathy State Chief Information Commissioner, Odisha, Toshali Bhawan ,Satyanagar Bhubaneswar Sub- Seeking an inquiry into allegation of misbehavior, harassment, show of arrogancy and use of filthy language to the complainants/ appellants during hearing of Complaints/ Second Appeals by Sri Bikram Senapati, State Information Commissioner and initiate legal proceedings against him under section 15 (1) of the RTI Act and recommend to Hon’ble Governor, Odisha for his dismissal under section 17 of the RTI Act. Respected Sir With due respect humble and submission , we the RTI Activists having allegiance to Odisha Soochan Adhikar Abhijan, ( a state level RTI forum leading campaign for effective implementation of RTI Act in Odisha ) gather together while conducting protest Dharana on 2.12.22 at Toshali Bhawan, Bhubaneswar and draw your kind attention the following allegation against Sri Bikram Senapati ,State information Commissioner for your urgent intervention and necessary action. Sir, Sri Bikram Senapati, joined as State information commissioner on 09.09.2020 at Orissa Information Commission. During his incumbency period since 2020 till date, he has disposed of around more than 95 % of cases without imposing penalty and ensuring information to the information-seekers. As we have experienced, during hearing of the cases, neither he listens appellant pleasantly and calmly nor does allow them to complete their argument properly . Even from ab initio he has maintained same strategy to misbehave information seekers during argument, encourage PIO not to furnish information , argue in favour of defaulting PIO , threaten information seeker using slang language , ask appellants to move high court against his mischief and disposal of cases without any penalty and non-supply of information . Many times he like anti-social uses very filthy and unconstitutional language to the appellant and senior citizens. Like other Information Commissioners, he is not sociable and behaves as criminal. During hearing without looking at the information need of the information seekers, he simply asked and made query like “why you had applied for information? What will you do with this information? You people are making deals to get money by filling multiple RTI Applications, who said you to seek information” and continues to misbehave and threaten them. He always discourages appellant not to ask information to various Govt offices and asks the reason for seeking information. He has very hatred attitude towards Dalit Community and makes caste aspersion using abusive languages against them. Here we are citing some of his cases where Sri Bikram Senapti disposes case in a most callous and dishonest way without ensuring information to the appellant a. Case No- S.A. 2325/2020, dt 02.11.2022 - Appellant Amuly Kumar Majhi , an RTI activist and belongs to depressed section of society. During hearing of his case Bikram Senapati asks him with loud voice to get out from his chamber as you have already received some information. When Sri Majhi insisted for complete information, Mr. Senapati abused him with vulgar language saying you are pimp, collecting money for maintaining your family, rascal, how dare you to argue with me. You don’t have other work to do instead seeking information? Who said you to seek information ? How many corruption you have exposed collecting information, come with that then I will order for complete information. He abuses him in the name of his caste and casteist remark. Amulya Majhi has lodged an FIR against Bikram Senapati at Kharvel Nagar Police Station, Bhubaneswar seeking an inquiry into the allegation. He has also filed a petition before Hom’ble Governor, Odisha seeking action against Sri Bikram Senapati. b. Case No. SA.1507/2020, dt.30.06.2022 - RTI Activist Prakash Das appeared on behalf of appellant Sri Akshaya Prusty . During hearing Sri Senapati said that he would not hear any case even single word from you. When Prakash Das asked about the reason, he said wont record any statement from you and reason is well known to you and me. Again when Prakash Das asked whether any decision had been taken not to hear my cases, Mr Senaapti said I instructed means you have to leave without any rhyme & reason. Main intention behind his misbehavior is that Prakash Das has earlier heard two cases before him vide CC. 158/2020 & 159/2020 where Bikram Senapati arbitrarily disposed off his case without any penalty and misbehave him willfully. c. Case No. SA.1440/2020 , dt 30.06.2022 where appellant was Dusmanta Narayan Acharya .He was fighting his case of Second Appeal against denial of information by the PIO, Office of ICDS office ,Rajkanika of Kendrapara district . During his hearing Bikram Senapati took the side of defaulting PIO supporting his argument. To counter Mr Senapati’s dig at him, he presented his argument, but Bikram Senapati misbehaved him and used derogatory words against Sri Dusmanta. Even he threatened Dusmanta to dare to move to high court and supreme court and President of India against his Order. He said no one will do anything against him. I will do whatever I want. Without ensuring information, he disposed off this case. d. Case No. SA. ……………………..dt………………….where appellant was Sanjay Mohapatra . He was heard second appeal case about a primary school near by his house. RTI Activist Srikant Pakal was present with him to assist him. When Sanjaya Mohapatra presented his argument of not getting complete information and Srikant Pakal endorsed Mohapatra’s view stating most and priority duty of Information Commissioner is to first ensure information . but Mr senapati argued when PIO said he had given information. Sri Senapati said when information is supplied why you are arguing with me. then whya re you arguing with me . Mr Senapati neither verified the information and nor tried to understand the concern of appellant. Rather Mr Senapati misbehaved Srikant Pakal and Sanjaya Mohapatra both . Threatened to get out from the court. Even in his order Mr Senapati disposed of case with the order that Mr Pakal had threatened him of dire consequence during hearing, without any action and penalty. He disposed off the case with no order except allegation against appellant. e. Similarly in case of RTI Activist Manoran Jena , Jitendra Sahoo from Cuttack , Ashok Dutta from Balasore , Praksh jena from Bhadrak and many other activists , Bikram Senapati disposed off the case with allegation against appellant citing petty reason and misbehaved them. He also scolded appellant with derogatory words and unparliamentarily language , threatened them to go and file case in High Court, endorsing view of defaulter PIO and advocating in support of them . As an Information Commissioner, Mr Bikram Senapati does not have minimum respect to Right to Information act and its rule, never referred various orders of CIC and other information Commissioners. He has never delivered a single exemplary order where a defaulter PIO and appellate authority will take it serious and congnisance against him . Out of his total disposal of SA & Complaint cases, in more than 95% of cases he disposed off all case without penalty and ensuring information. Even in many order, he has levelled allegation against appellant without delivering the order as per the act to be framed for a commissioner. Every day he misbehaves and shouts with shroud voice to gullible information-seeker . suggested them to move to High court against him, warning them with dire consequence and not to use RTI act against Govt . He levelled RTI activists as blackmailer , tarnished their image with derogatory words . everyday many complaints are raising against him . Hence we request your Good office to conduct an inquiry against his all disposal cases and his conduct as an information commissioner under section 15 (1) of the RTI Act. We also request you to recommend to Hon’ble Governor, Odisha for dismissal of Sri Bikram Senapti from the post of State Information Commissioner under section 17 (3)(d) of the RTI Act Yours sincerely Members of Odisha Soochana Adhikar Abhijan ( OSAA) Date- 2.12.22