Corruption, Irregularities
and Mal-administration exposed under RTI
(From 2010- 2021)
1. State level Consultation on “Proposed amendment to
Orissa RTI Rules”held at Red Cross Bhawan, Bhubaneswar on 10.6. 2010 - A Brief
Report
Background
Implementation of RTI Act 2005 has completed
more than four years in Orissa. The Govt.
of Orissa in pursuance of Section 27 of the Act notified the Orissa RTI Rules
2005 on 1st October 2005, but the same was strongly protested by the
Civil Society Groups, who termed it as absurd, illegitimate, anti-people and
above all ultra vires the presnt Act. During that time, quite some eminent,
national level RTI protagonists like Mrs. Aruna Roy, Mr. Sailesh Gandhi and
Ms. Maza Daruwalla in their respective rejoinders submitted to Govt of Orissa
had also strongly objected to various provisions of Orissa RTI Rules 2005 which
in their opinion stood contrary to the mandate of the parent Act. Mrs.Roy in
particular had met the Chief Minister Orissa and urged him to withdraw the said
provisions. Being pressurized by the demands from Civil Society Groups of the
State and as well from the RTI veterans of national eminence, the State Govt.
took an ostensible move to amend the objectionable Orissa RTI Rules 2005 on the
floor of the Assembly in April 2006. However, its net result was the
notification of Orissa RTI (Amendment) Rules, 2006 on 29th May 2006
that reduced different fees on one hand and made some new, salutary provisions
on suomotu disclosures under Section-4 on the other. But this Amendment didn’t
address at all to the crux of the problematic Orissa RTI Rules 2005 i.e.
several of its provisions being ultra vires the parent Act.
The implementation of RTI Act therefore
continued to suffer stagnation in the State with common people not being able
to avail the benefits of the Act due to arbitrarily imposed complex Application
Form, illegal Appeal fee and difficult modes of deposit of fees. Under such
circumstances, Civil Society Organisations and RTI activists have been waging a
protracted battle against the State Govt. demanding withdrawal of Orissa RTI
Rules 2005 and introduction of citizen-friendly Rules in its place.
Under the increasing impact of the above said
campaign by RTI Activists, the Dept. of Information and Public Relations, the
nodal RTI agency of the State has of late released an invitation to the public to mail their
views and suggestions for amending Orissa RTI Rules 2005 through its recently
launched website www.rtiorissa.gov.in. In the said website, the nodal
agency has also placed some draft recommendations on the amendment made by a
5-member Committee constituted by the Government for the purpose. However, the
wider public, who have no knowledge about the internet are still absolutely
unaware about the Government’s so-called invitation of public opinion on
amendment to State RTI Rules.
State
level Consultation
In this backdrop, a State level Consultation on “Amendment to Orissa RTI Rules 2005”
was organized at Red Cross Bhawan, Bhubaneswar on 10.7.2010. to evolve a
consensus on the manner and kind of amendment that is required to remove the
stumbling blocks posed by the existing Rules before a proper implementation of
RTI Act in the State. Around 100 RTI Activists belonging to NGOs and Civil
Society Organisations from all over the State had participated in this
Consultation. This programme was supported by PREM, Berhampur. A 5-member panel consisting of Mr. Jacob
Thundruly President PREM, Mr. Chitta Behera an RTI Expert, Mr. Biswajit
Mohanty, Director Orissa Wild life Society, Mr.Debu Patnaik a senior journalist
and Mr.Ashis Mishra, Advocate Orissa High Court, constituted for the purpose
went through the deliberations by the participants, interacted with them for
seeking clarification as and where necessary and took note of the consensus of
the house on various matters raised in the house.
The meeting had started with a welcome address
by Mr.Pradip Pradhan, Convenor of the Consultation followed by a power-point
presentation by him on various contentious features of Orissa RTI Rules-2005
vis-à-vis the parent Act along with the salutary provisions of Orissa RTI
(Amendment) Rules-2006. Then the participants shared one after another the
practical problems confronted by them while exercising their right to
information under the Act and how these were caused by the State RTI Rules
2005. They also suggested the specific proposals for amending the said Rules so
as to ensure their conformity to the parent Act.
The activists who put forward specific
suggestions for amendment were Mr. Shankar Prasad Pani, Vasundhara Mr. Shankar
Panigrahi, SATARKA, Bolangir, Mr. Kedar Nath Sahoo, Mr. Dillip Subudhi, RCDC,
Mr.Lalit Mishra, Orissa State Vigilance Council, Mr.Naresh Jena (advocate) and Mr.Nakula
Swain, JSS, Puri, Pradipta Nayak, IHRE etc.
It was decided that a Memorandum mentioning all
the recommendations that had emerged from the consensus of the house, shall be
presented to the State Government in due course. However, the following are a
few highlights from the same-
a.
Contrary
to Orissa RTI Rules 2005, no Form, be it for application or any appeal be made compulsory.
b.
No
fee to be collected from the BPL people as mandated under Section 7(5) of the
Act.
c.
Existing
provision for proof of Citizenship or disclosure of personal details like
permanent address and spouse name on the part of an Applicant in his
application form should be forthwith withdrawn, as it is ultra vires Section 6
of the Act.
d.
Fees
for both First and Second Appeals should be withdrawn, as this provision is
ultra vires the parent Act.
e.
Payment
through IPO (Indian Postal Order) should be made a common mode of payment in
respect of every fee, be it for application or for cost of information.
Mr.
Chitta Behera was given the responsibility to compile all the recommendations
and put the same in public domain for wider consultation.
Report
prepared by Pradip Pradhan, M-99378-43482
2. Public Money misappropriated by the Orissa Chief Information Commissioner Mr.D.N. Padhi must be recovered from him before he formally exits his office
Misusing his office and authority as Chief
Orissa Information Commissioner Mr. D.N.Padhi has swindled away at least Rs.2
crore 93 lakh and 50 thousand from Orissa’s public exchequer in the name of
organizing awareness programmes on RTI during last 5 years (Nov 2005 to Nov
2010). It is a matter of irony, that having misappropriated such a huge amount
from tax-payers’ money, he is out to exit his office coolly and comfortably on
his superannuation. In fact, this is how the Super Babus like ‘Honorable Padhi’
adorning top offices of statutory and constitutional bodies like Orissa
Information Commission are more and more flourishing by way of fleecing the
common people, and then in the end given a warm fare-well by their acquiescent
fraternity for having rendered invaluable services to the society. As it
happens, after a few days, the people tend to forget how they were cheated by
Mr.X, because they would be by then engaged with Mr.Y, who might turn out a
greater cheat. This is how, to quote the words of National Commission to Review
the Working of the Constitution (2002), the State has gone poorer while its
managers richer and richer in the post-independence
It is noteworthy that the fact of patent illegality of Chief Orissa Information Commissioner usurping the jurisdiction of State Government in derogation of his own job profile was brought to the notice of Governor, who is the disciplinary authority over him under Section 17 of the Act, on several occasions in the past. But regretfully, no action has as yet been taken against Mr.Padhi by the Governor. However, now that strong facts gathered from official sources clearly indicate Mr.Padhi’s calculated hand in misappropriation of a large amount of public money through naked abuse by him of his office and authority, the Governor Orissa should immediately take either of following actions as required under Section 17 of RTI Act-
(1)
To dismiss him from office before he formally exits on 30th of
November 2010 along with recovery from him the total amount of Rs.2 crore 93
lakh and 50 thousand misappropriated by him from public exchequer on the
misleading ground of awareness creation; and
(2)
Institution of an Enquiry by a Supreme Court Judge into the acts of financial
misappropriation and administrative bungling indulged in by Mr.D.N.Padhi around
awareness money during his entire tenure of five years as Chief Orissa
Information Commissioner, as required under Section 17(1) of RTI Act 2005.
Chitta Behera, Cuttack, Dated 19th Nov 2010
3.
Purge Orissa
Information Commission of all ‘bogus’ and toxic personnel illegally inducted by
Mr.D.N.Padhi as Chief OSIC to serve his misappropriation and anti-RTI agenda
3.As already mentioned, Mr.Padhi with a twin
motive to amass huge public money for himself and his pet ones and as well to
stamp out RTI Act altogether from the soil of Orissa through foul and dubious
means, did arbitrarily install a huge contingent (by far the largest among all
State Information Commissions in the country!) of his hand-picked men and women
as Officers and Employees of the Commission and did himself dictate the amount
of their salaries and allowances along with the terms and conditions of service,
so that each of them slavishly obeys his self-willed diktat including the white
lies without any demur or murmur just as domestic servants do.
4.Mr. Padhi knowing well that it is not he
in the capacity of Chief OSIC, but only and alone the State Government, which
is competent as per Section 16(6) of the Act to ‘provide the State Chief
Information Commissioner and the State Information Commissioner with such
officers and employees as may be necessary for the efficient performance
of their functions under the Act, and the salaries and allowances payable to
and the terms and conditions of service of the officers and other employees
appointed for the purpose of this Act shall be such as may be prescribed”.
Mr.Padhi, if he be not a moron, ought to know that the word ‘prescribed’ here
means, as defined under Section-2(g) of RTI Act, ‘prescribed by rules made
under this Act by the appropriate Government’. The moot point arises, has
the Sate Government of Orissa ever prescribed any detail rules on the personnel
matters of Commission? The answer is an emphatic no. Well, Mr.Padhi, in his
foolhardy zeal to defend the indefensible, may hold out those pages of the
Commission’s website, where the powers and duties and salary details of the
Officers and Employees are mentioned, claiming it as ‘the prescribed’ one. But
salute to the RTI Act, which preempting the ominous chance of Padhi-like rogues
creeping into high offices like Chief IC, had additionally mandated under
Section-27 (1 & 2-d) of the Act that the prescribed rules concerning the
Officers and Employees of the Commission must be notified in the Official
Gazette. Is there any ‘notification’ made to this effect in Official Gazette of
Orissa till yet? The answer is again an emphatic no. Under the circumstances,
the misleading stuff that is presently displayed on the Commission’s website as
regards the Officers and Employees is entirely the crooked concoction of
Mr.Padhi, which is absolutely derogatory of both Sections 16 and 27 of RTI Act.
5.It is noteworthy here that Mr.Padhi is
in the habit of projecting a larger than life image of himself, just as he has
done in course of his defamation suit against this author and a co-activist, as
‘a top rank bureaucrat of the country’ having ‘long experience as an IAS
officer in the rank of Secretary of Government of India’ and possessing ‘moral
and ethical values, legal acumen, knowledge, logic and reasons’ and commanding
‘high dignity and social reputation’. Were his self-portrayal genuine even by an
iota, how is it that he nakedly misappropriated the clearly demarcated fief of
the State Government over the personnel matters to himself and abused it
through and through simply to fulfill his hidden agenda of looting public money
on the one hand and administering a body blow to RTI Act in Orissa on the
other?
6. The fact of the matter is
that Mr.Padhi, so as to ensure that none of his corrupt, wicked and illegal
misdeeds would ever leak out into the Government or public, could collect, in
connivance with a corruptible circle of State bureaucracy, a large band of
too-pliant yes-men of his choice and installed them in various posts as per his
sweet will and arbitrarily fixed their salaries and conditions of service. In
absence of any duly notified terms and conditions of service for the personnel
so engaged, what Mr.Padhi did was to constantly drill into their too-receptive
ears the Section 15(4) of the Act that famously says inter alia, “The
general superintendence, direction and management of the affairs of the State
Information Commission shall vest in the State Chief Information Commissioner”.
No wonder, they were quickly cajoled into a naive belief that Mr.D.N.Padhi
was the unquestionable overlord of the Commission, his words as such the letter
of law, and to disobey him tantamount to a sacrilege against the RTI Act.
7.Then Mr.Padhi made use of each of the
Officers and Employees so appointed, as pawns in his nefarious game of looting
the public exchequer, building up an over-glorified image for him, conspiring
against the RTI activists critical of him and above all driving the RTI Act
towards a silent demise. So much so that, he would arbitrarily engage his
chosen subordinates in activities, which were not only dubious but even fell
outside the job profile allotted to them by Mr.Padhi himself. For instance,
going by the suo motu disclosure made on Commission’s website, the job of the
Registrar is to look after the ‘Legal Matters’, while that of the Secretary
‘Administrative matters’. But the so-called Secretary Mr.Kasinath Sahoo misled
the Court by swearing a false affidavit appended to the above mentioned
defamation suit, that declared, “I am the plaintiff in this case and looking
after the case affairs in the official capacity on behalf of the State
Chief Information Commissioner”. Why did the so-called Secretary so easily
mouth a white lie before the Court about his job profile? Simply because, he is
paid a sumptuous amount to his fill i.e. Rs.96, 391/- per month, the highest
among all Officers, as gifted by his boss, of course, at the expense of the
public exchequer.
8. Only a few people have any idea
about the grotesquely elephantine size of the bureaucracy that Mr.Padhi erected
around the Commission and the massive chunk of public money he squandered away
for maintaining it. As of today, there are as many as 41 Officers and Employees
in addition to 3 Commissioners. Among them the number of Officers dealing with
legal matters alone is 5 besides Registrar and PA to Registrar, such as 1 Legal
Facilitator, 2 Asst Law Officers, 1 Legal Scrutinizer-cum-Sheristadar and 1 Court
Master. There are as many as 10 Data Processing Assistants and I Section
Officer assisted by 4 Asst. Section Officers. Besides there are 3 Private
Secretaries and 3 Personal Assistants, 3 Drivers, 7 Peons, 1 Sweeper-cum-Night
Watchman and 1 Telephone Attendant. The total amount towards salaries of the
Commission for the year 2010-11 is projected to be Rs.1 crore 40 lakh and 37
thousand. And the total estimates for the Commission’s expenditure for the
current year is Rs.3.05 crore.
9. Before coming to the moot
question as to what is the net delivery made by such a huge army of personnel,
it is worthwhile to ponder over whether such a mammoth bureaucracy is at all
justified for a poor State like Orissa. Let’s compare it with the Gujarat
Commission.
10.Now coming to the central question of
performance, how did Orissa’s Commission fare compared to that of Gujarat? Just
for instance, in the month of February 2010, the one-man Gujarat Commission
disposed of a total of 226 cases (Second Appeals 134 nos. + Complaints 92
nos.), whereas 3 member Orissa Commission disposed of only 116 cases (Second
Appeals 16 nos.+ Complaints Nos.100) i.e. almost half the Gujarat numbers. Per
Commissioner disposal of cases in Orissa stood at less than 39 only, whereas
the single Gujarat Commissioner disposed of cases numbering 5.5 times that
figure. In other words, one Gujarat Commissioner is equal to as many as 5.5
D.N.Padhis, though both were Retd. IAS Officers. And Orissa’s case looks more
puzzling, when we find that the single-Commissioner Gujarat could show 5.5
times the per Commissioner performance of Orissa, though given less than 1/3rd
of Staffs and less than 1/3rd of expenditure of Orissa.
12. One will get simply horrified if he or she juxtaposes the fabulous treasury and massive manpower that Mr.D.N.Padhi could manage illegally from the State Government, with the kind of damn stupidity he as Chief OSIC showed in respect of his mandatory function of adjudicating the appeals and complaints. Not to speak of the quality of justice in the decisions made by the Commissioners, their language is so ghastly sub-standard and erratic that one would simply feel ashamed of looking at them for a second time. With the Commissioners themselves writing bizarrely without any regard paid to grammar and the standing army of administrative personnel doing nothing to rectify them, quite many decisions marked by absurdity and nonsense are already posted on the Commission’s website and have thereby turned the Commission into laughing stock before the whole nation. A few instances reproduced below are only a tip of the iceberg of the language mess that ushered in during the Padhi regime.
13. Instances of bizarre & erratic English by the Commissioners of Orissa-
a) CC No.439/2008 decided by SIC
Jagdanand on 17.3.2009
“The
State Commission is of the opinion that the information post led by the PIO
has to considered as an important public interface point and should not be
the made void at any point of time.”
b) CC No.991/2007 decided by SIC Jagadanand on 20.3.2009 in Circuit Hearing, Sambalpur
This Case is being heard on two different
occasion on 26.8.08 and 19.11.08….. The Complainant today confirmed that he
has received all the information from the PIO which he could belatedly
received only after intervention of the State Commission. .. … As both
the cases are self-same. The case is covered with the case no-990/2007.
c) SA No.129/2007 by SIC (Prof.Radhamohan) on 4.1.2008
Form A
application dated 19.09.06 was received by the Public Authority on 26.09.06 and
placed before the PIO on 13.10.06. This indicates that the administrative
process is not RTI Act complaint. ……… 5. Since the first intimation
was received by the Appellant within stipulated period of 30 days and also
received complete information in the meanwhile there is no other point to
pursue.”
“The
Respondent further submitted that supply of the information sought for will be
hit by the provisions of Sec (h) of the Act.” (Note- Is there a
provision called Section (h) of the Act?- Chitta Behera)
15. Given the rank idiocy of Mr.Padhi coupled with his maniac craze for self-aggrandizement and self-glorification, his co-commissioners and subordinate officials, instead of playing any correctional role, danced to his tune that was comical and hypocritical at one go. Not only did they turn themselves into his glorified Chamchas, but also started becoming mini-Padhis themselves- writing in a rubbish language, dubious deals with the guilty PIOs, misbehaving with complainants, naked identification with the corporate sector, clandestine rapport with corrupt bureaucrats, misappropriating the public funds in the name of awareness generation, lobbying for awards, running after media publicity and the like. The most glaring instance of how the whole Commission turned into a body of liars, crooks and hypocrites like Mr.Padhi came to the fore when a concocted Press Release was issued by the Commission to all print and electronic media claiming that Mr.Padhi had been nominated as the best Information Commissioner of the country and Orissa as one of the best five by the National RTI Awards Committee.
17. Of course Mr.Padhi along with his
cohort of co-commissioners and subordinate officers has succeeded to a great
extent in achieving one of their hidden agenda i.e. how to give a silent and
decent burial to the nascent RTI Act 2005 in the
Chitta Behera, Cuttack, Dt 21.11.2010
4. Mr. Arvind Kejriwal should put details
of the study on Orissa Information Commission in public
domain
On 23.12.10, a story “ State Pays Penalty for
not fining RTI Violators” published in Times of India inter
alia mentioned that the State of Orissa lost a revenue worth
Rs.1.23 crore alone in the financial year 2009-10 due to non-imposition of
penalties by the Orissa Information Commission against the violators
of Right to Information Act. Quoting the study made by Delhi-based NGO
Parivartan, founded by Magsaysay Award Winner Mr. Arvind Kejriwal, the said
story gave the break-up of the above loss thus- Rs. 52.37 lakh due to
non-imposition of penalties by the then Chief Information
Commissioner Mr. D. N. Padhi and Rs. 25.37 lakh due to non-imposition of
penalties by the State Information Commissioner Mr. Jagadanand and
Rs. 46.12 lakh due to non-imposition of penalties by the combined
bench of the above two Commissioners between April 1, 2009 to March
31, 2010. The story further stated that while some violators were not
imposed penalties at all, some others were levied lesser
penalties than they deserved as per the RTI Act. The story also
further mentioned that Mr. D. N. Padhi imposed penalty on 18 violators, that is
only 6.1% of the total number of deserving cases, while Mr. Jagadanand imposed
penalty on 5 violators that is only 4.2 % of the total number of deserving
cases and the combined bench imposed fine on 56 violators i.e.
23% of the total number of deserving cases.
Pradip Pradhan, RTI Activist, Orissa, M-99378-43482
, Date-28.12.2010
Awareness campaign
on RTI is no more in the domain of Orissa Information Commission
It is fact that when the Govt. enacts a law, it always keeps provision for public awareness campaign about it. Accordingly, Central Govt. while enacting the RTI Act has made a clear-cut provision in the law for awareness campaign and fixing responsibility on particular institution i.e., State or Central Govt. Section 26 of the Act says that the State Govt. shall organize public awareness campaign on RTI, Publish booklets and conduct training for Officials in the state. As the Information and Public Relation Department is nodal Dept. in Orissa for implementation of RTI, the Dept. has to organize such awareness programme in the state. But the tragedy in Orissa is that since beginning, Orissa Information Commission itself was found busy in conducting the awareness programme, publishing booklets and organizing training for officers. The Officials of I and PR Dept. remained sitting idle without contributing anything for propagation of RTI in the state. Neither State Information Commissions nor Central Information Commission was found involved in doing such awareness campaign on RTI in their respective states or at National level. It is exception in Orissa. Within long span of five years, it was found Orissa Information Commission (OIC) spending around Rs. 3 crores sanctioned by Govt. for awareness programme . Nobody knows what the output is.
Pradip Pradhan, M-99378-43482, Date-6.10.2011
6. Where the fence eats the crop. . .
.
(Denial of Information and Misleading
Information to the RTI Applicants by the Office of Orissa Information
Commission)
Orissa Information Commission, which is a creature of RTI Act 2005 is supposed to act as the custodian of the people’s right to information and penalize the PIOs and public authorities, who are guilty of denial of information and/or providing false and misleading information to the public. But here is a glaring instance of how the Orissa Information Commission, notwithstanding the change of its guard-in-chief since November 2010 last, is itself guilty of the above charge, simply to save its corrupt ex-Chief from the public wrath.
i. Whether Chief Orissa Information
Commissioner represented by Commissioner-cum-Secretary, OIC has filed a damage
suit in Civil Court (senior division), Bhubaneswar on the grounds of
defamation. If yes, please state the amount of money expended on different
heads in pursuit of the above case including the payments deposited in the
court and the lawyer’s fees.
ii. Under which provision of RTI Act, 2005, the
above suit has been filed?
iii. Whether due authorization has been
obtained from concerned authority for filing the above suit.
iv. What is the present status of the suit so
lodged against the defendants?
v. Copy of the plaint and annexures submitted
by the plaintiff against the opposite parties.
vi. Copy of the letters and communications made
if any between the Commission and any authority in connection with the above
suit.
Then, on 10.1.2011, Sri Prahallad Padhi the
RTI-Applicant from Patnagarh of Bolangir district had sought the following
information from the PIO, OIC –
i. Copy of decisions taken to file the damage
suit against the two citizens in Civil Court, Bhubaneswar
ii. Name of the Information Commissioners/
officers consulted in the matter of the above decision.
iii. The amount of money spent in connection
with the above case
iv. Name of the lawyers engaged by the
Commission and remuneration already paid
and committed to be paid to them.
In response to the first RTI Application the
PIO in his letter No. 26620 dt. 30.12.10
intimated thus- “the defamation
case has been filed on behalf of the Orissa Information Commission by the
Commissioner-cum-Secretary, OIC. As the matter is pending and final stage has
not been reached, the information sought for by the applicant does not fall
under Section 2(f) of RTI Act.”
However, in response to the second RTI
Application, the PIO in his letter No. 4046 dt. 11.2.2011 repeated the same
reply besides providing an additional information i.e. Rs. 11,435/- has been spent towards payment of the professional fees
including the fees of the Advocate and court fees.
The first RTI applicant Sri Tapan Mohapatra who
felt aggrieved by the PIO’s denial of information made a first appeal before
the Office of OIC appealing for complete information. On 14.2.2011, the 1st
Appellate Authority of OIC heard the case and disposed it passing the order as
follows-
Question No.I- The
Answer is yes. PIO to inform the amount of expenditure.
Question No. II &
III- The Commission has moved as a juristic person. The matter is sub judice and there is restraint order.
Hence, the disclosure of the same is restricted under Section 8(1)(b) of RTI
Act.
Question No. IV- The
case is sub judice before the learned Civil Judge Senior Division, Bhubaneswar
. Hence it invokes Section 8 (1)(b) of
RTI Act.
Question No. V
&VI- The matter is sub judice and there is restraint order Hence disclosure
of the same invokes Section 8(1) (b) of the RTI Act.
Then, following the above order (Point-a) of
the 1st Appellate Authority of OIC, the PIO on 23.2.2011 supplied
the information that Rs.12,935/- has been spent towards professional fees of Advocate and the court fees for the
defamation case.
Now, the question arises, is the Commission’s
reply that the disclosure of the above information has been restricted under
Section 8(1)(b) of RTI Act correct in the face of law? First, let us read what
sort of information has been exempted from disclosure under the said Section - “information which has been expressly
forbidden to be published by any court of law or tribunal or the disclosure of
which may constitute contempt of court”. However, here in this case, the Court has not ordered the Commission
‘forbidding the disclosure of any information’, nor has the Court passed any
restraint order, violation of which shall tantamount to ‘the contempt of
court’. Rather it is worth recollecting that the Court, on the basis of the
defamation suit lodged by the Commission, has issued the restraint order
against ‘the publication of any defamatory/derogatory material’ by the opposite
parties.
Moreover, should an Information Commission
worth its salt take the excuse of the
restraint order of the Court for denying answer to such a simple
question- “Under which provision of RTI
Act, 2005, the above suit has been filed?”. The Commission ought to
remember that there should be a limit to kidding with the RTI Act, which in
Section-22 assumes overriding powers vis-à-vis the rest of the country’s laws
and instrumentalities. Moreover, can the Commission produce any order of the
concerned Court where the latter has issued a restraint order against the
Commission in respect of answering the above question? Had there been such an
order, the Commission would have jolly well quoted it. Rather, the Commission
with a dubious motive to hide its blatantly illegal act of lodging a defamation
suit against the two citizens has resorted to the concocted lie of ‘restraint
order by the Court’ and thereby itself committed ‘the contempt of court’.
Besides, there is no uniformity in the
Commission’s answers on the amount of money spent after the above litigation. In one answer, it mentions Rs.11, 435/-
while in another Rs.12,935/-. Under the circumstances, it is very much
possible that the real amount might be something else, much higher than the
above two. The Commission ought to remember that such money is not paternal
property of any individual, but belongs to the public exchequer, and one can’t
abuse or play with it at one’s sweet will.
The next instance of concocted falsehood
resorted to by the Commission is its erratic reply, “the defamation case has been filed on behalf of the Orissa Information
Commission by the Commissioner-cum-Secretary, OIC”. As a matter of fact,
the Cause Title of the case lodged by the Commission mentions ‘Chief Orissa
Information Commissioner’ as the plaintiff, though anomalously enough, one Sri
Kasinath Sahu styled as ‘Commissioner-cum-Secretary,
OIC’ has signed the Affidavit. The opposite parties have drawn the
attention of the concerned Court about this procedural anomaly and prayed
therefore for the rejection of the plaint all together.
The question may again arise, why is OIC so
much scared about the two citizens, against whom they have lodged the
defamation case? The answer is pure and simple. These activists have right
since inception been exposing all sorts of corruption, misappropriation and
misdoings by the Commissioners committed in naked violation of RTI Act 2005. To
mention a few such instances, the Commissioners have misappropriated more than
Rs.3 crore 25 lakh in the name of IEC activities which don’t fall under the
Commission’s domain as per Section 26 of RTI Act. They have appointed men and
women of their choice in various posts including one Sri Kasinath Sahu as
‘Commissioner-cum-Secretary, OIC’ bypassing the mandatory notification in the
official gazette as required under Section 27 of the Act. They have illegally
ruled for collecting cost of information from BPL persons in violation of
Section 7(5) of RTI Act. They have further illegally ruled that the complaints
regarding violation of Section 4 (suo motu disclosures) didn’t come under the
adjudicative purview of the Commission. Moreover, they have spread
misinformation about RTI Act through mistranslations published by them. Again,
they have violated the privilege of Orissa Legislative Assembly by publishing
the Annual Reports (laid in the Assembly) which were filled with numerous
bluffs and misinformation of bizarre kind.
Instead of correcting himself, the former Chief
Orissa Information Commissioner Sri D.N.Padhi chose to lodge a defamation case
against the two RTI activists who were continuously exposing the illegal and
anti-people activities of the Commission through various media. His sole
intention was to silence these two critics for ever. The same strategy still
works even to day after retirement of Mr. D.N.Padhi, as exposed through said RTI Applications.
Pradip Pradhan, Date-4.3.2011
7. Outstanding work done by Mr. Shailesh
Gandhi as Central Information Commissioner
Let us examine What Odisha
Information Commissioners have done.
All of you
might be aware that Mr. Shailesh Gandhi who
is about to retire from the office of Central Information
Commission after around 4 -year stint as Central
Information Commissioner said that
the biggest threat to RTI was
from Information Commissioners
themselves where already there
are cases that are pending for two to three years. If it continues like this,
in the next five years the pendency is likely to be three to five years at
which point the common man will run away from most of judicial and
quasi-judicial processes. If it continues to happen, RTI will be dead.
Mr. Gandhi , a man of Maharastra has
joined in the Central Information
Commission 3 years 9 months after doing
commendable work in the
field of RTI in his state. He
was instrumental in exposing
corruption through submitting
series of RTI
Applications in the office of
various Public Authorities in Maharastra. He has
emerged from Civil Society to the office of Central Information
Commission.
Let
me share with you
some tips of his commendable
work as Central Information Commissioner.
|
Total Number of cases disposed by him
in 3 year and 9 months |
20200 ( 448 cases per month). |
|
Penalty imposed
by him |
520 cases |
|
Amount of penalty imposed |
92 Lacs |
|
Amount of recovery |
59.6 Lacs ( This is
the revenue given by him to the state) |
Let us compare work of
Shailesh Gandhi, a man of Civil Society
with that of Odisha Information Commissioners including Mr. Jagadanand, SIC who is also
from Civil Society.
In 2010, Odisha Information Commissioners including Jagadanand were disposing 35 to 40 cases per
month. But in 2011, it rose to 60 to 70
cases per month and in 2012 , it is
around 100 to 110 per month, whereas
Mr. Shailesh Gandhi, a man from
same Civil Society disposed 448
cases per month which is 11
times more in 2010, 6.4 times more in 2011 and 4 times more in 2012 to Odisha
Commission. It needs to be taken into note that Odisha Information
Commissioners abruptly, arbitrarily and
carelessly have disposed more than 6000
cases without hearing and ensuring
information to the Complainant/Appellant. These
cases disposed illegally has been
uploaded in the website to give a
false message to the public that
the Commission has disposed a large
number of cases which is wrong.
In
comparison to cases of penalty
imposed on defaulting PIOs, Mr. Shailesh Gandhi single handed imposed penalty in 520 cases, whereas all
five Odisha Information
Commissioners ( Two have got retired)
have imposed penalty in 539 cases
within seven years of their
functioning
(http://www.orissasoochanacommission.nic.in/%28S%28raeppy45szjjhriwvi12sbag%29%29/Citizen%20vs%20PIOs.html).
Is it desirable to invite these inefficient Odisha Information Commissioners as Guest to
Public function who maintain
colonial luxury taking huge money from State Exchequer . The people of
Odisha and Civil society should think of it.
Can these Information Commissioners
learn from Shailesh Gandhi. Certainly
Not. Because we have become Commissioners taking oath
secretly to protect corrupt bureaucracy and corruption by hook or by crook and let
system move as usual . That’s why we
have imposed penalty in less number of cases.
Pradip Pradhan, Date- 10.7.2012
8. Requirement to submit Proof of Citizenship at the time of submitting
RTI Application under Odisha RTI Rules is ultra vires and draconian- Why?
Section 3 of RTI Act stipulates that “all citizens shall have the right
to information”. Under Section 6(2) of the Act says “An applicant making
request for information shall not be required to give any reason for requesting
the information or any other personal details except those that may be
necessary for contacting him. It means any person seeking information under RTI
is not required to submit anything else than contact address by which the
information sought would reach him/her. Recognising this mandate of the
law, neither Central Govt. nor any State Government except Odisha has made any provision for proof of citizenship
to be submitted by the applicant along
with RTI Application.
·
Govt. of
Odisha’s naked defiance against RTI Act
Unhappily enough, Odisha RTI
Rules, 2005 framed by State Govt. of Odisha seems to be the odd man out in the
whole gamut of RTI instruments made in the country. Apparently to comply Section 27 of the RTI
Act, the State Govt. has framed Rules called Odisha RTI Rules, 2005.
Rule-2(e) has defined “identity” as the evidence of his ‘citizenship like an electoral photo identity card, a passport or any
other document which can satisfy the authority about the citizenship of the
person’ . It means any person
seeking information has to submit his or her proof of identity like voter
Identity card or a passport to any public authority under State Government. Again it has been ordained
that if the PIO is not satisfied with the document produced by the
RTI-Applicant purportedly as proof of citizenship, he may reject the
application on that very ground as
permissible under Form-C prescribed under the said State Rules. This
very ground occurring at column (iii) of Form-C is worded thus- “your
identity is not satisfactory”. This is the greatest violation of RTI Act,
especially its Section 6(2) by the State Govt of Orissa.
Being armed with such a handy provision, the PIOs having
a dubious past are found rejecting a number of RTI Applications on so many flimsy grounds including a funny one-
that photocopy of voter Identity card attached as proof of citizenship is not
visible. Such PIOs take such absurd plea
when they intend to reject RTI applications seeking sensitive information
related to scam, corruption or irregularities.
The students below 18 years of age and having no voter card cannot apply
for information in Orissa because they can’t produce any proof of citizenship
identity along with RTI application. Submission of school/ college identity
card as proof is left to the discretion of PIO to accept or reject it, Big chunks of population who have neither
voter ID nor passport are deprived of their right to access information under
RTI Act though they are citizens of the country.
The hidden agenda of the state
bureaucracy is to restrict numbers of RTI Applications to be submitted and also
to deprive the people of their right to access information under the RTI
Act. Secondly, submission of a voter
card or a passport will expose the personal identity of RTI applicant. It has
been observed that with the identity of
RTI Applicants getting exposed, the vested interest groups including the
corrupt officials are found reaching to
the concerned RTI Applicants to pursue and pressurize him to withdraw RTI Application in lieu of some
gift or bribe. If the RTI applicant, honest and true to his intentions, refuses
to give in, he would be threatened with
dire consequence , even beaten up, and subjected to false cases etc. It is
ironical, while there is a move afoot at the national level to enact a law for
protection of whistleblowers, the State Govt. of Orissa has been insisting on
exposure of the identity of RTI applicants who are potential whistleblowers.
While deciding
a Complaint Case ( File No; CIC/AD/C/2011/001736 on 11.1.2012,, Ms.
Annapurna Dixit, Central Information Commissioner observed, “there
is no provision in the RTI Act to seek identification of a citizen
who seeks information from any Public Authority. The PIO of the Company is
warned not to seek such identification in future u/s 3 of the RTI Act, which
stipulates that all citizens shall have the Right to Information, as it would
be construed by the Commission as deemed denial”. The fact of the case is that
an RTI Applicant Mr. M Rangarajan of Bangalore had sought information about the
provision of retirement benefits of the employees from the PIO,
M/s. Braithwaite and Company Ltd under Ministry of Railways, 5, Hide
Road, Kolkata - 700 043. But the said PIO quoting Section 3 of the Act demanded
the proof of citizenship identity of
the applicant before he would be able to disclose the
information sought. Then the aggrieved applicant approached the Central
Information Commission with a complaint against the said illegal order of the
PIO. Having heard the parties to the case, the CIC Mrs. Dixit passed the above
order quoted above.
· Role of Odisha Information Commission
But tragically enough, in Odisha blatantly
anti-RTI and anti-people provisions are being upheld and justified
by Odisha Information Commissioners during the hearing of the cases
and as well in course of their address in public meetings. The only lame excuse
they unabashedly proffer in defense of the above anti-citizen
Rules is that the State Govt. has framed it. While saying so, the
Commissioners blissfully ignore Section 25(5) of the Act, which authorizes the
Commission to recommend to any public authority including the State
Govt. to take steps for removing any deviation from and
effectuating conformity to the letter and spirit of Act. Though more than
6 years and 9 months has passed since Odisha Information Commission started
functioning , it has not made a single recommendation to remove
the anti-citizen and ultra vires Odisha RTI Rules
2005. Of all, the Compulsory Application Form, proof of citizenship and prohibitive mode of payment of application
fee are the worst nuisances wrought
against every citizen’s right to information, and
woefully enough, Odisha Information Commission has been sleeping over it at
tandem with the dubious intentions of the State Government.
Pradip
Pradhan, Date- 24.8.12
9. Latest gameplan of Odisha Information
Commission: Cases get closed, but the applicant gets neither information nor
decision
On dated 6.9.2011, I had
submitted an RTI application to the PIO, Dept. of Home, Govt. of Orissa, Bhubaneswar seeking information
about Sponsorship to Commissionerate Police, offered by Companies or Agencies from 2009 to 2011. The said PIO transferred
my RTI Application to the PIO, Commissionerate Police for providing me the
information. On dated 30.9.2011, the PIO,
Commissionerate Police wrote a letter asking me to deposit Rs. 14,083.00
towards the cost of salary of officials to be engaged for collection of
information. Having gone through this letter, I wrote a reply to the PIO explaining how a citizen is not
required to pay the fees for salary of employees to be engaged for collection
of information under RTI Act and Orissa RTI Rules.
On 22.10.11, I filed a
complaint to the Commission under section 18 of the RTI Act. At first, my case ( CC No.- 4473/11) was
heard by Mr. Tarun Kanti Mishra, State
Chief Information commissioner and later
on by Mr. Jagadanand, State Information
Commissioner on 8.8.12. Sadly enough, Mr. Jagadanand without holding any enquiry into the case, fully relied on the version of
PIO who said that the officer holding
the information wanted the
abovementioned amount. Mr. Jagadanand also exonerated the concerned officer
from penalty on ground of his ignorance about the provisions of Odisha RTI Rules. That PIO was also not asked
by Mr.Jagadanand to make any submission in the matter. Rather he only directed
the present PIO to supply the information free of cost within 20 days and
closed the case. By now the time-limit of twenty days is over, but the PIO of
Commissionerate Police has not supplied any information nor was a copy of the
decision made by Mr. Jagadanand
available to the complainant.
It
deserves to be mentioned here that this is not a single case but
one of hundreds of cases
where Mr. Jagadanand has
disposed and closed the
cases without ensuring the delivery
of information to the aggrieved Complainant. Moreover, the
Commission is following a
one-track policy of not
opening the closed cases even
where the direction of the Commission is not complied with by the concerned PIO or Public authority. The
Information Commissioners argue that there is no provision under the RTI Act
for re-opening the cases onced closed.
When their attention is drawn to Section 19(9)- “ the Central Information Commissioner or State Information Commissioner,
as the case may be, shall give
notice of its decision including any
right of appeal, to the complainant and
the public authority” the
Commissioners either remain silent
or avoid any discussion around it.
Now the question arises, what
is the politics behind the Information Commissioners’ act of closing the cases while giving direction to supply information? If the
Commission meant honest business, it could have fixed another date for final
hearing after giving such direction. But the Commission unilaterally closed the
case, without ensuring the delivery of the information. Why did the Commission
behave in such irresponsible manner? As a matter of fact, the Information
Commissioners have been appointed by the
mercy of their political and bureaucratic bosses, who want them to serve their interests. It is seen that the Information
Commissioners like Mr. Jagadanand lack
in minimum efficiency required for
holding that post in the state. So to satisfy
and save their political and bureaucratic bosses
from the charges of corruption
and irregularities which can be exposed
through disclosure of
information, the Information
Commissioners toil hard to do
any illegal work, even at the
cost of RTI Act. The Commission is having a nexus with bureaucracy and
has signed an unwritten
agreement that the Commission would close the case after
giving a direction to supply information
and thus the bureaucracy
need not provide any information
to the complainant. As the case is
closed, no further hearing will take
place and the information will never be
supplied to the complainants. Thus the bureaucracy will be on a safer
side.” This is the naked practice going
on in our state. The Commissioners are also seen
hankering to get prized position
in the present bureaucratic or political hierarchy as a post-retirement reward for
their unquestionable loyalty
and unstinted support
to the corrupt system. To
save himself from
public criticism the Information
Commissioners are found planting agents among the civil society groups, who
would invite them to address public meetings
as Chief Guest or Chief Speaker
etc. Ironically, while addressing the
meetings, the Commissioners deliver
lengthy speeches on RTI and its
relevance as an anti- corruption tool
and give clarion call to the RTI Activists to
sacrifice their life for the
cause of RTI in the state.
The RTI Activists, Civil Society Groups and
Information-seekers should be alert, cautious
and careful about the role being
played by various Information
Commissioners, especially about the
dubious role of Mr. Jagadanand from among them.
Pradip
Pradhan, M-99378-43482, Date- 30.8.12
10. RTI in
Doldrums in Odisha
Cases disposed and closed without hearing
and supplying no information to Complainant-citizens
It is common understanding in
judicial procedure of the country that any complaint relating to violation of
law must be heard by Judges and accordingly disposed off as per law of the
land. Odisha Information Commission (
appeal procedure) Rules, 2006 framed under RTI Act in its Rule-6 has made
provision that every complaint made
under section 18 of the Act shall
be presented to the Registrar to receive the complaint. Every complaint shall
be registered in the register and assigned consecutive serial numbers. After
the complaint is being registered, the registrar shall immediately place the
matter before the Commission for orders. After
the Commission is prima-facie satisfied that there are reasonable grounds
to enquire into the matter, it may admit
the complaint and direct for initiation
of an enquiry in respect of such
complaints. Provided that the Commission shall not reject the complaint
unless a reasonable
opportunity of being heard
is given to the complainant. But
nowhere is it written that the Commission shall dispose and close the cases
without giving opportunity of being heard to complainant. But Odisha Information Commission have
disposed more than 6000 cases without hearing
and at the stroke of pen simply remanding to the First appellate
Authority. It is seen that in maximum of
cases, the First Appellate Authority neither heard the case
nor provided the information. They simply filed false compliance report to the Commission on the basis of which the
Commission takes a view that cent of
cases has been duly complied.
However there is no such figure in the office of the Commission which was later
on exposed through RTI. However,
while unilaterally and arbitrarily
disposing the cases, the Commission mentioned to file complaint or 2nd
appeal again, if complainants get dissatisfied with First Appellate Authority.
But the Complainants file the complaint once again, the Commission refused to
open the case and never hear the case. This illegal practice of the Commission
has brought disaster to RTI regime in the state. On the other hand, it has provided
opportunity to the erring PIOs to be more defiant as there is no fear of
penalty from the Commission. I cite some
examples how the complainant-citizens are running from pillar to post to get
the information but in vain. It is seen
that Complainants had applied serious
information which has serious
ramifications on administration. As the Commission is having unholy alliance with State bureaucracy, it is a
calculated move to
dilute RTI and dissuade
applicant from seeking information and
provide protection to corrupt officials.
|
Complaint case No. |
Name of Complainant |
Name of Information Commissioner who arbitrarily disposed and closed the case without hearing |
Gist of the cases and
suffering of Complainants |
|
CC No. 03 and 25/2011 |
Tapan mohapatra |
Mr. Jagadanand Mohanty, SIC,
Odisha |
On 15.11.2010, Sri Tapan
Mohapatra had submitted
application to the PIO, Dept. of
General Administration, Govt. of Odisha
seeking information about procedure followed for selecting candidates for non-state Civil service Examination and name of applicants for the said exam.
The PIO rejected the application under section 8 (1j) of the Act. Finding no information, Sri Mohapatra filed complaint to the Commission. Mr.
Jagadanand without hearing
the case disposed and closed
simply remanding to the First
appellate Authority who upheld the
decision of PIO and denied to provide information on 13.2.2012. Sri Mohapatra against lodged complaint to Mr.
Jagadanand on 10.3.12 to hear the case
and again reminded on 8.6.12.
Though 6 months have passed, Sri Jagadanand is yet to hear the case |
|
CC No. 398/2012 |
Pradip Pradhan |
Mr. Jagadanand , SIC, Odisha
|
Sri Pradip Pradhan had
submitted RTI Application to the PIO, Health and Family welfare about posting
and deputation of doctors to different places. This complaint case was
remanded without hearing to the First
Appellate Authority on 9.4.12 who heard the case and did not supply any
information. On 8.6.12, Sri Pradhan
intimated to the Commission about
non-supply of information and to
reopen the case. Though 3 months passed, no hearing by the Commission has
taken place. |
|
CC 1437/2012, 1440/2012 |
Sri Pradip Pradhan |
Sri. Jagadanand Mohanty,
SIC, Odisha |
Sri Pradhan had submitted
RTI Application to the PIO, Kendujuri Gram Panchayat under Tileibani Block of
Deogarh district. The PIO simply
ignored the application and did not receive
it. Without getting any information, Sri Pradhan lodged complaint to the
Commission. Sri Jagadanand
disposed this complaint case
on 4.7.12 without hearing and remanded to the First Appellate Authority,
office of BDO, Tileibani Block, Deogarh district to dispose the case within
30 days. Though around two months is over,
the First Appellate Authority
neither heard the case nor disposed it.
However, the PIO had supplied some but incomplete information. |
|
CC No.- 293/2012 |
Sri Pradip Pradhan |
Sri Jagadanand, SIC, Odisha |
Sri Pradhan had submitted
RTI Application to Department of
General Administration , Govt. of Odisha seeking information about land issues. The Commission
disposed my abovementioned
complaint case on 10.7.12 without hearing and remanding to the First Appellate Authority, office
of General administration, Govt. of
Odisha to dispose the case within 30
days. Though around two months is over, the First Appellate Authority neither
heard the case nor provided any
information. Disposal of the cases without hearing has given opportunity to the PIO and the First Appellate Authority to defy
the Act. As a result, the Applicants are denied information by the errant
PIOs. Intention of Mr. Jagadanand to dispose the case without hearing is to protect the PIO and satisfy corrupt bureaucracy. |
|
CC No. 4/2012 |
Sri Pradip Pradhan |
Sri Jagadanand Mohanty, SIC,
Odisha |
Sri Pradhan had submitted
RTI Application to the PIO, Department of GA
seeking information about plot allotted to different people. Finding no
information, he filed complaint to the
Commission. On 16.7.12, Sri Jagadanand disposed
my abovementioned complaint
case without hearing and
remanded to the First Appellate
Authority, office of General
administration and office of BDA,
Govt. of Odisha to dispose the
case within 30 days. Though around two months is over, Sri Pradhan has not received any information or order from
the First Appellate Authority. Such type of disposal has
encouraged the PIO to continue to ignore the Act as there is no such penalty to be imposed . |
|
CC No. 02/2011 |
Tapan Mohapatra |
Mr. Pramod Kumar Mohanty |
On 6.1.2011, Sri Tapan
Mohapatra had submitted RTI Application to the PIO, office of Tahasildar,
Bhubaneswar seeking information purchase and sold of land in BMC. Finding no information, he made
complaint to the Commission. Mr. Pramod Kumar Mohanty without hearing
disposed the case on 31.10.2011
remanding to First Appellate Authority to hear the case. First Appellate Authority did not hear the
case. Sri Mohapatra intimated to the
Commission on 9.12.2011 and again
reminded on 8.6.12. for hearing the
case. But nothing has been done in
this regard. |
|
CC No. 4330/2011 |
Pradip Pradhan |
Sri Tarun Kanti Mishra |
Sri Pradhan
had submitted RTI Application to the PIO, CHC, Gurundia seeking information about utilization of fund allotted to CHC. Finding no information, he made
complaint to the Commission. Sri Mishra
did not hear the case rather
remanded to First appellate Authority on 12.12.2011 for disposal. The First Appellate Authority sent some
information which are false and
misleading. Sri Pradhan intimated to the Commission to hear the case on 7.2.12 and again on
6.6.12. But the Commission has not heard the case till yet.
|
|
CC No. 380/2012 |
Tapan Mohapatra |
Sri Tarun kanti Mishra |
On 19.12.2011, Sri
Mohapatra submitted application to the
PIO, office of SP, Jagatsinghpur
district seeking information about
cases filed against a
criminal. Finding no information he
made complaint to Commission on
23.2.2012. Sri Tarun kanti Mishra
disposed the case and remanded to the First Appellate
Authority on 28.2.2012. The First
Appellate Authority refused to provide
the information on the ground of
section 8 (1j) and 11 of the RTI Act. Sri Mohapatra again appealed to the Commission on 25.4.12 to hear the case and give
justice to him. No hearing has taken
place till yet. |
|
CC No. 1218/12 |
Pradip Pradhan |
Sri Pramod Mohanty |
On 9.7.12, Sri Pramod
Mohanty, SIC without hearing the
case disposed it by remanding to the First Appellate
Authority to dispose it within 30
days. Though around two months is
over, no information has been supplied by the First Appellate Authority. |
|
Complaint case No. 1395/2012 |
Bijay Kumar Tirkey, |
Sri Jagadanand, SIC, Odisha |
Sri Bijay Tirkey had sought information from the PIO, Office
of Child Development Project Officer, Tileibani Block of Deogarh district
seeking information about food distributed in Anganwadi centre . Finding no
information he made complaint to the Commission. Sri Jagadanand without
realizing the gravity of the case simply disposed and closed it directing to
the First Appellate Authority to supply information within 30 days on 12.7.12. Though around two month is
over, the First Appellate Authority neither heard the case not disposed of.
No information has been supplied. |
Pradip
Pradhan, RTI Activist, Odisha, Date- 10.9.12
11. Vigilance Case against IAS, IFS, IPS,OAS officers in Odisha from the Year of 2000-2012, exposed
through RTI
On dated 16.6.2012, RTI
Application was submitted to Department of General administration,
Govt. of Odisha seeking information
about Vigilances cases
lodged against IAS, IFS,IPS and
OAS officers , sanction sought from Government
for prosecution, Sanction for
prosecution granted by Govt., details of
cases in which Govt. refused to grant permission etc. The Public
Information Officer of GA Dept. illegally kept RTI Application three and half
months which is the violation of section 6(3) of the RTI Act ( the PIO
is required to transfer RTI Application
as may be appropriate to another
Public Authority within 30 days in case
of non-availability of information).
It deserves to be mentioned here that GA Department stands as biggest violator
of RTI Act in Odisha. However, on
31.8.12 the PIO, GA Dept. transferred my RTI Application to the PIO, office of
Director, Vigilance, Cuttack who ultimately supplied the information within
stipulated time period. The information
supplied by the PIO, Office of Director-cum-Addl. DG, Vigilance is as follows.
1.During the period of
2000-2012, the Vigilance have sought
sanction for prosecution from Govt. of Odisha against total
no. of 170 officers out of which 144 are OAS officers and other
44 officers include IAS, IPS, IFS. Prominent
figures are as follows.
|
a. Mr. Surendra Nath Tripathy, IAS |
b. Sri Suresh Panth, IFS, Ex-DFO |
|
c. Sri Hari Shankar
Upadhaya, IFS |
d. Sri. Amresh Kumar
Jaiswal, IFS |
|
e. Sri. Birendra Kumar
Sukla, IFS |
f. Sri. E.L.Yanger Aier, IFS |
|
g. Sri. Rabindra Mohan
Senapati, IAS (Retd.) |
h. Sri. Santosh Ku. Mishra,
IAS |
|
i. Sri Sanjeeb Kumar Ray,
IAS (Retd.) |
j. Prafulla Chandra Mishra,
IAS |
|
k. Sri Vinod Kumar, IAS |
l. Sri. Rabinarayan
Senapati, IAS |
|
m. Sri. Nikunja Kishor
Sundaray, IAS |
n. Dr. Prasanta Ku. Pradhan,
IAS |
|
o. Sri. I. Srinivas, IAS |
p. Sri Srikanta Prusty, IAS |
|
q. Sri Pradeepta Kumar
Pattanaik, IAS |
r. Sri Ashok Kumar Tarenia, Ex-OAS ( Now IAS) |
|
s. Sri. Kumar Raghvendra
Singh, IFS |
t. Sri. Gourinath, IFS |
|
u. Sri. Sushanta Kumar
Nanda, IFS |
v. Sri. Bikram Singh, IFS |
|
w. Sri. Pradeep raj Karat,
IFS |
|
2. The State Govt. granted sanction for prosecution against total no. of 121 officers for charge sheet. Out of them are 114 OAS
officers. Prominent among them are as
follows.
a. Sri. Vinod Kumar, IAS, b. Sri. Abhiram Das, IFS, c. Sri. Kumar
Raghvendra Singh, IFS, d. Sri. Susanta
Kumar Nanda, IFS, e. Sri. P.C.Mishra,
IPS( Retd.) (Since Expired)Abated.
3. Details of cases
in which government have
refused to give permission for charge sheeting the various
category of officers are as follows.
|
Sl.No |
Case No. with date |
Name of Officer |
Remarks |
|
1 |
Cuttack Vigilance P.S. Case
No. 21 dt. 29.6.01 |
Sri Sailendra Kumar Dwibedi,
OAS |
Sanction refused |
|
2 |
Cuttack Vigilance P.S. Case
No. 21 dt. 29.6.01 |
Sri Prasanta Kumar Das, OAS |
do |
|
3 |
Cuttack Vigilance P.S. Case
No. 55 dt. 29.2.03 |
Sri Manmath Kumar Pani, OAS |
do |
|
4 |
Cuttack Vigilance P.S. Case
No. 08 dt. 25.3.04 |
Sri Manmath Kumar Pani, OAS |
do |
|
5 |
Cuttack Vigilance P.S. Case
No. 63 dt. 27.10.03 |
Sri. Dhruba Ch. Swain, OAS |
Do |
|
6 |
Cuttack Vigilance P.S. Case
No. 37 dt. 29.8.02 |
Sri. Banabihari Mohanty, OAS |
Do |
|
7 |
Cuttack Vigilance P.S. Case No. 37 dt.
29.8.02 |
Sri. Abhaya Kumar Nayak, OAS |
Do |
|
8 |
Cuttack Vigilance P.S. Case
No. 33 dt. 19.7.02 |
Sri. Sailendra Kumar
Dwibedi, OAS |
DO |
|
9 |
Cuttack Vigilance P.S. Case
No. 33 dt. 19.7.02 |
Sri Prasanta Kumar Das, OAS |
Do |
|
10 |
Cuttack Vigilance P.S. Case
No. 06 dt. 19.2.04 |
Sri Surendranath Tripathy,
IAS |
Do |
|
11 |
Cuttack Vigilance P.S. Case
No. 06 dt. 19.2.04 |
do |
Do |
|
12 |
Cuttack Vigilance P.S. Case
No. 27 dt. 5.8.04 |
Sri Basanta Kumar Mohanty,
OAS |
Do |
|
13 |
BBSR. Vig. PS Case No. 46 dt.
24.12.05 |
Sri. Niranjana Jena, OAS-1 |
Do |
|
14 |
BBSR. Vig. PS Case No. 45
dt. 28.12.07 |
Sri Sudhansu Sekhar Bhuyan,
OAS |
Do |
|
15 |
BPR Vig. P.S. case No.25dt.
30.9.05 |
Sri. Bijay Kumar Nayak, OAS |
Do |
|
16 |
BPR Vig. P.S. case No.4 dt.
24.3.05 |
Sri. Ganeswar Kanhar, OAS |
Do |
|
17 |
SBP Vig P.S. case No. 51 dt. 6.9.2002 |
Sri. Sitartam Patel, OAS |
Sanction refused Govt. have passed orders for intiating major penalty, proceeding against the accused |
|
18 |
SBP Vig P.S. case No. 47 dt. 22.11.2004 |
Sri. Omprakash Mohapatra,
OAS-1 |
Do |
|
19 |
SBP Vig P.S. case No. 2 dt. 4.1.2008 |
Sri Rajesh Kumar Agrawal,
OAS |
Sanction refused |
|
20 |
SBP Vig P.S. case No. 54 dt. 2.6.2001 |
Sri Umashankar Ram, OAS |
Sanction refused on the ground that there is no substantial evidence
regarding criminal intention
while releasing subsidy amount. |
|
21 |
SBP Vig P.S. case No. 45 dt. 21.9.2000 |
Sri Fakir Mohan Pradhan,
OAS-1 |
Sanction refused |
|
22 |
KPT Vig. P.S. Case No. 03
dt. 20.10.2004 |
Sri Suresh Ch. Suaro, OAS-1 |
Govt. have passed orders for
initiating major penalty, proceeding
against accused. |
|
23 |
KPT Vig. P.S. Case No. 08
dt. 11.12.2004 |
Sri Gandaram Khamari, OAS |
Govt. have passed orders for
initiating major penalty, proceeding
against accused. |
|
24 |
KPT Vig. P.S. Case No. 28 dt. 19.10.2006 |
Sri Simanchal Mandal, OAS |
Govt. did not consider fit
case for sanction. |
|
25 |
KPT Vig. P.S. Case No. 36
dt. 30.9.07 |
Sri Bikash Ch. Bain, OAS(II) |
do |
|
26 |
BPR Vig. Case. No. 29 dt.
21.9.04 |
Sri Suresh Ch. Suar, OAS |
Govt. passed order for
initiating major penalty. |
|
27 |
BLS Vig. Case No. 52 dt.
5.12.03 |
Sri Bishnupada Grahacharya,
OAS |
Govt. has been pleased to
initiate major penalty. |
|
28 |
BLS Vig. Case No. 21 dt.
12.7.06 |
Sri Bijay Kumar Mallik, OAS |
Govt. did not consider fit
case for sanction |
|
29 |
BLS Vig. Case No. 29 dt.
24.6.04 |
Sri Bansidhar Mohapatra, OAS |
Govt. ordered for major
penalty. |
|
30 |
BLS Vig. Case No. 34 dt.
19.8.05 |
Sri Harihar Mallik, OAS |
Govt. ordered that the case does not had adequate material to
prosecute. |
|
31 |
BLS Vig. Case No. 4 dt. 18.1.01 |
Sri. Jagabandhu Ray, OAS |
Govt. ordered for departmental proceedings |
|
32 |
Bhubaneswar Vigilance PS
case No. 37/1998 |
Sri Rabindra Mohan Senapati,
IAS (retd.) |
Govt. ordered to initiate minor penalty proceedings against him |
|
33 |
Bhubaneswar Vigilance PS
Case No. 49/2000 |
do |
Govt. decided not to
recommend the case to Govt. of
India for according sanction. |
|
34 |
Cuttack Vigilance PS Case
No. 30, 32, 38,39,41 and 42/2003 |
Do |
do |
|
35 |
Cuttack Vigilance PS Case
No. 35/2003 |
do |
do |
|
36 |
Cuttack Vigilance PS No.
30/2004 |
Sri Surendra Nath Tripathy,
IAS |
Govt. did not find fit
case for sanction |
|
37 |
Cuttack Vigilance PS case
No. 14/2005 |
Sri. I.Srinivas, IAS |
Govt. passed order not to
recommend to Govt. of India for sanction |
|
38 |
Berhampur Vigilance PS Case
No. 27/2001 |
Sri.M.Gourinath, IFS |
Orders from Govt. of India
was received through GA DEptt. For
initiating major penalty proceedings |
|
39 |
Balasore Vigilance PS Case
No. 27/2005 |
Sri Dinabandhu Das, OAS |
Govt did not consider it fit
case for according sanction |
Pradip Pradhan, M-99378-43482, Date-9.10.12
12. Recovery of Rs. 38,37,372/- as interest
due demanded by GA Dept. from CYSD, NGO against land allotted which is still forest land and yet to be converted
GA Department, Govt. of Odisha while issuing two letters on 8.11.12
to the Chairman, CYSD, a
Bhubaneswar-based NGO has requested
to deposit Rs. 38,37,372/- as interest
due against the land allotted to CYSD
in two phases. It has been stated in the letter that you were allotted additional land measuring Ac. 1.016 in Mz-
samantarapur. Earlier CYSD was requested
on 11.8.2004 to deposit the
premium of Rs. 50,79,201/- and
premium of Rs. 15,23,760/- towards
arrear ground rate for the period 01.04.1998
to 31.03.2004. Further a sum of
Rs. 10,15,840/- was charged towards arrear ground rate for the period from 01.04.2004 to 31.3.2008 for permissive possession.
Accordingly, CYSD deposited the premises and ground rent
on 18.9.2008, 5.1.2007 and
22.9.2008 respectively. As it was paid late, GA
Dept. has calculated Rs.
38,37,372/- as interest due and demanded
early payment. The details of calculation is as follows.
|
Sl.No |
Amount of
premium/ground rent due |
Period of delay |
Amount of
interest |
|
1 |
Rs. 50,79,201/- |
11.08.2004 to 18.09.2008 |
Rs. 31,28,927/- |
|
2 |
Rs. 15, 23, 760/- |
31.03.2004 to 05.01.2007 |
Rs. 6,32,465/- |
|
3 |
Rs. 10,15,840/- |
31.03.2008 to 22.09.2008 |
Rs. 75,980/- |
|
Total |
Rs. 38,37,372/- |
||
In another letter on dated 8.11.12, GA
department has also requested
to CYSD to file proposal to Chief Conservator of
Forest, Govt. of Odisha for diversion
of forest land allotted
to it in two phases ( Revenue plot
No.-54 (pt), khata no. 1427, Mz-Jayadev Vihar and Revenue plot-39(pt), Khata
no. 91, Mz- Samantpuri area Ac. 1.016, Jungle-II ( Buda Jungle) . A powerful
body of Govt. has also raised the issue of how forest land
without being converted was allotted to a private organization.
Pradip Pradhan, M-99378-43482, Date- 8.11.12
13. Central Information Commission warns
the public authorities against demanding proof of citizenship from RTI applicants.
While deciding a Complaint
Case ( File No; CIC/AD/C/2011/001736 on 11.1.2012,, Ms. Annapurna Dixit, Central
Information Commissioner observed, “there is no provision in the RTI Act to
seek identification of a citizen who seeks information from any
Public Authority. The PIO of the Company is warned not to seek such
identification in future u/s 3 of the RTI Act, which stipulates that
all citizens shall have the Right to Information, as it would be construed
by the Commission as deemed denial”. The fact of the case is that an RTI
Applicant Mr. M Rangarajan of Bangalore had sought information about the provision of retirement benefits of the
employees from the PIO, M/s. Braithwaite and Company Ltd under
Ministry of Railways, 5, Hide Road, Kolkata - 700 043. But the said PIO
quoting Section 3 of the Act demanded the proof of citizenship identity of the
applicant before he would be able to disclose the information sought. Then the
aggrieved applicant approached the Central Information Commission with a complaint
against the said illegal order of the PIO. Having heard the parties to the
case, the CIC Mrs.Dixit passed the above order quoted above.
Now, let us have a look at the
procedure of submitting RTI Application in Odisha. The State Govt.
has made a provision under Odisha Right to Information Rules 2005 for submission of
proof of identity of
citizenship along with RTI application being made to any Public Authority.
Besides a Compulsory and a lengthy
11-column “Form-A” has been prescribed by the State Govt. wherein the Column No.4 requires
submission of Proof of
Citizenship in the shape of a copy of Voter’s Card or Passport. If an
RTI Applicant fails to attach the said proof of Citizenship, the PIO has been given absolute power in Form-C ( Intimation
of Rejection) to reject the application on the ground that “your identity is
not satisfactory’. . This queer provision
contradicts the letter and spirit of Section 6 (2) of the RTI Act, which
says, “An applicant making request for information shall not be required to give
any reason for requesting the
information or any other personal
details except those that may be necessary for
contacting him”. This
provision also deprives millions of
young people in Odisha and outside of their right to apply for information to
any public authority located in Odisha, for the obvious reasons that they being
underaged can’t have a voter’s card and they, in absence of any compelling
need, may not have any passport either. Besides quite many adult persons may
not have a voter’s card at all, since it is not a compulsory provision at all
to have a voter card.. Thus millions of people in and outside Odisha who are
bonafide citizens because of their domicile within territory of India and thus
entitled to apply for information under Section 3 of the Act are defrauded of
this statutory right due to the ultra vires RTI Rules of Odisha.
Besides, the mode of payment
of application fees is either through Treasury Challan or through cash. It
means that every person, wherever he or she may be located, has to physically
visit the concerned office to remit the application fee to the PIO, no matter
the amount to be paid is a trifle. Alternatively, he or she may post the
application fee through Treasury Challan. But as everybody knows, for
collecting a Treasury Challan of Rs.10/-, one has to visit the nearest town
where the Treasury Office may be located, stand in the queue for as many hours
as is required and also remember the excessively long Treasury Code of the RTI
application fee which is humanly impossible. Every RTI applicant in Odisha has
thus to pass through a hell of hassles in availing the Treasury Challan of
Rs.10/- to be attached to his or her RTI application. But still funniest is the
predicament of a citizen living outside Odisha, who can neither afford to visit
Odisha simply to pay in cash the application fee of Rs.10/- to the concerned
PIO nor can arrange a Treasury Challan of Rs.10/- for remittance by post for
the said purpose, for the simple reason that there is no Office of Odisha
Treasury located outside Odisha. For such prohibitive modes of payment, no
person from outside Odisha has yet applied for information under RTI Act to any
public authority located in Odisha, and most common people living inside Odisha
have stayed away from using RTI Act during last 6 and half years. In a
nutshell, the Orissa RTI Rules can be called Odisha RTI Disentitlement
Rules.
However, the tragedy is that
in Odisha such anti-RTI and anti-citizens
provisions are upheld and
justified by Odisha information commissioners during hearing of the cases and as well in
course of their address in public meetings. The only lame excuse they unabashedly proffer in
defense of the above anti-citizen Rules is that the State Govt. has framed
it. While saying so, the Commissioners
blissfully ignore Section 25(5) of the Act, which authorizes the
Commission to recommend to any public authority including the State
Govt. to take steps for removing any deviation and effecting conformity to the letter and spirit of Act. Though nearly six and half years has passed since Odisha Information Commission
started functioning , it has not made a
single recommendation to remove the
anti-citizen and ultra vires Odisha RTI
Rules 2005. Of all, the Compulsory Application Form, proof of citizenship and
prohibitive mode of payment for application
is the greatest nuisance wrought against every citizen’s right to
information, and woefully enough, Odisha Information Commission has been
sleeping over it at tandem with the State Government.
Will the Central Information
Commission’s latest, eye-opening warning against the proof of citizenship of an
RTI applicant serve as a wake-up call to Odisha Information Commission for
taking a similar position?
Pradip Pradhan, M-99378-43482 , Date-18.2.2012
14. Allotment
of land in favour of NGOs/ Voluntary
Organisations within Bhubaneswar
In response to RTI Application,
the PIO, Dept. of GA & PG, Government. of Odisha has
supplied the information dated
7.12.12. The said information is
incomplete. More information is yet to
be provided by GA Dept.
|
Sl.No. |
Name of organisation |
Mouza |
Area in Acres. |
Year of allotment |
Premium in Rs. |
|
1 |
CYSD,
Bhubaneswar |
Samantapuri |
1.016 |
1991 |
1,60,698 |
|
2 |
SOS village |
Ghatikia |
10.000 |
1991 |
free |
|
3 |
Gopabandhu
Daridra Narayan Seba Sangha |
Kharabela
Nagar |
0.500 |
1973 |
2,500 |
|
4 |
Missionaries
of Charity |
Satya Nagar |
0.500 |
1976 |
free |
|
5 |
Kalinga
Foundation Trust |
nayapalli |
1.000 |
1982 |
1,00,000 |
|
6 |
Young Men
Christian Association |
Nayapalli |
0.502 |
1986 |
free |
|
7 |
IAS Officers’
Wives Association |
Gopabandhu
Nagar |
0.063 |
1987 |
63, 131 |
|
8 |
Hind Kustha
Nibarana Sangh |
Bhoi Nagar |
0.121 |
1990 |
1,21,212 |
|
9 |
Chetna
International of Jewels |
Samantarapuri |
1.016 |
1991 |
free |
|
10 |
Orissa
Environment Society |
Jayadev Vihar |
0.055 |
1997 |
free |
|
11 |
Open Learning
System |
Gadakana |
0.965 |
1994 |
free |
|
12 |
Agragamee |
Jayadev Vihar |
0.124 |
1997 |
2,47,934 |
|
13 |
Usthi
Foundation |
DO |
0.138 |
1998 |
2,76,000 |
|
14 |
People’s
Organisation for welfare
Employment and Rural development |
Paika Nagar |
0.124 |
1998 |
6,20,000 |
|
15 |
Marwari
Society and Charitable Hospital |
Ganga Nagar |
0.471 |
2000 |
23, 54,913 |
|
16 |
Mahul Palli
Yubak Sanga |
Jayadev Vihar |
0.086 |
2000 |
4,30,441 |
|
17 |
Sahajya,
Sundargarh |
Satya Nagar |
0.190 |
2000 |
9,50,414 |
|
18 |
Society for
Nature Education and Health |
Jayadev Vihar |
0.069 |
2006 |
3,44,353 |
|
19 |
Kasturba Nari Mahal |
Bapuji Nagar |
1.300 |
1985 |
30,000 |
|
20 |
Adivasi
Bikash samiti |
do |
0.107 |
2005 |
5,33,747 |
|
21 |
International association and Lions Club |
do |
0.136 |
2007 |
6,80,000 |
|
22 |
Chinmaya
Mission Trust |
Paikanagar |
0.372 |
2001 |
9,30,000 |
|
23 |
Lions club |
Jayadev Vihar |
0.261 |
1998 |
7,83,472 |
|
24 |
St. John
Ambulance |
Kharavela
NAGAR |
0.106 |
2001 |
5,28,926 |
|
25 |
Rotary Club |
Bhoi Nagar |
0.124 |
1985 and 1987 |
51,508 |
|
26 |
Adivasi
Mangal Samiti |
Bhimpur |
0.145 |
1988 |
free |
Details of land
allotted to different Institutions by GA Dept
on Bhubaneswar, Odisha ( Information supplied on 22.12.2012 )
|
Sl.No |
Name of Insitutions/Companies |
Mouza/Unit |
Area allotted |
Year of
allotment |
Premium in
Rs. |
|
1 |
KIIT,
Bhubaneswar ( Medical College and Hospital) |
Patia |
Ac. 26.970 |
2006 |
Rs. 2,06,99,
500 |
|
2 |
Bhubaneswar
Eye Research Institute |
Patia |
Ac.10.000 |
2004 |
Rs. 50,00,000 |
|
3 |
Army
Recruitment Centre |
Bhimpur |
Ac.2.000 |
2006 |
Free |
|
4 |
Regional
Vocational Training Institute for Women |
Jayadev Vihar |
Ac.2.000 |
2006 |
Rs.
1,00,00,000 |
|
5. |
Vocational
Rehabilitation Training Centre for Physical orthopedics Training Institute |
Jayadev Vihar |
Ac.1.000 |
2000 |
Rs. 50,04,592 |
|
6 |
Sikhya “O’
Anusandhan (Medical College) |
Ghatikia |
Ac.15.000 |
2006 |
Rs.
3,75,00,000 |
|
7 |
Ruchika High
School |
Ganga Nagar |
Ac. 1.000 |
1986 |
Free |
|
|
Addl. Land |
do |
Ac. 0.026 |
1998 |
Rs.2,60,000 |
|
8 |
DAV School,
Kalinga Nagar |
Ghatikia |
Ac.2.000 |
2005 |
Rs.25,00,000 |
|
9 |
Vivekananda
Yoga Therapy and Research Centre |
Gopabandhu
Nagar |
Ac. 0. 250 |
2005 |
Rs. 6,25,000 |
|
10 |
Indian
Institute of Tourism and Travel Management |
Dumduma |
Ac. 5.000 |
2005 |
Free |
|
11 |
Saraswati
Sisu Mandir |
Gopabandhu
Nagar |
Ac.1.000 |
2003 |
Rs. 50,00,000 |
|
12 |
National
Institute for Social Work and Social Science (NISWASS) |
Jayadev Vihar |
Ac. 3.000 |
1985 |
Free |
|
13 |
Centre for
Development Education and
Communication |
Jayadev Vihar |
Ac.3.000 |
1990 |
Free (
Cancelled) |
|
14 |
DAV School |
Pokhariput |
Ac.3.000 |
1997 |
free |
|
15 |
Loyala |
Educational
Society |
Ac.12.000 |
1998 |
free |
|
16 |
Sanskrit
Foundation Trust Pvt. Ltd. For Model Public School |
Jayadev Vihar |
Ac. O. 930 |
2000 |
free |
|
17 |
Kendriya
Vidyalaya Sangathan, No.IV |
Chandrasekhar
Pur |
Ac.2.000 |
2003 |
Rs. 50,00,000 |
|
18 |
Guidance
English medium School |
Dumduma |
Ac.1.000 |
1997 |
free |
|
19 |
Integral
School of Education |
Bhimpur |
Ac.1.000 |
2003 |
Rs. 35,00,000 |
|
20 |
St. Joseph Annency for High school and
Dispensary |
Jokalandi |
Ac.2.000 |
1991 |
free |
|
21 |
DAV School |
Chandrasekharpur |
Ac.2.000 |
1991 |
free |
|
|
Addl.Land |
do |
Ac. 2.341 |
2004 |
Rs. 58,52,500 |
|
22 |
Regional
College of Management |
Jayadev Vihar |
Ac. 2.000 |
1989 |
free |
|
23 |
Sainik School |
Gadakana |
Ac.137.000 |
1975 |
Free |
|
24 |
DAV School,
Unit-VIII |
Gopabandhu
Nagar |
Ac. 6.320 |
1971 |
Rs. 1.00 |
|
|
Addl. Land |
Gopabandhu
Nagar |
Ac. 6.320 |
1971 |
free |
|
25 |
Laxman Nayak
Sangeet Academy |
Bapuji Nagar |
Ac. 0.100 |
1972 |
free |
|
26 |
Utkal Pratistha Rastra Bhasa Prachar Sabha |
Bhoi Nagar |
Ac.3.000 |
1959 |
free |
|
27 |
Tinitotis English Medium School |
Kharavela Nagar |
Ac. 0.250 |
1984 |
free |
|
28 |
Rastrya Sanskrit Sansthana , New Delhi |
Nayapali |
Ac.10.000 |
1985 |
free |
|
29 |
Chetana
Institute of Mentally Handicapped School |
Samantapuri |
Ac.1.000 |
1990 |
free |
|
30 |
Women ITI |
Jagamara and Pokhariput |
Ac.5.028 |
1985 |
free |
|
31 |
Xavier Institute
of Management ( Industry Dept.) |
Jayadev Vihar |
Ac.20.000 |
1985 |
Alienated |
|
32 |
Institue of management |
Bomikhal |
Ac. 3.000 |
1978 |
free |
|
33 |
Tribunal Orientation Training Centre |
Paika Nagar |
Ac. 6.887 |
1970 |
Alienated |
|
34 |
Odissi research Centre |
Jayadev Vihar |
Ac.5.034 |
1989 |
Alienated |
Pradip Pradhan, Date.
1.1.2013
15. Planning
Board is defunct and useless body in Odisha- A Dismal State of affairs from 2009 to 2013
In the month of September’
2013, RTI Application was submitted to the Dept. of Planning and Coordination,
Govt. of India seeking information about performance of Planning Board, copy of the proceedings of
the meeting, copy of any recommendation
given by any Planning Board member
to State Govt. and assignment given to the Planning Board,
details of salary and other allowances
received by Chairman, Deputy Chairman and Members. The information provided by the PIO on dt.
27.9.13 and 3.10.13 is as follows.
1.Details of Assignment given
to State Planning Board
a.
To provide
short-term and long term policy guidelines for formulation of five
years and annual plans at the state
level and district level plans with a view to achieving rapid economic growth
and development in the state.
b.
To systematically assess the existing stock of materials, capital and human
resources in the state and suggest the areas of their optimal utilization.
c.
To periodically review and evaluate the
implementation of various development programmes in the state and the districts
and suggest corrective measures required if any.
d.
To make such recommendations to the State
Govt. as appears to it appropriate on policy issues, economic conditions,
development programmes as may be referred
to it by the State Government.
e.
To undertake systematic manpower survey and
planning and to suggest measures for generation of maximum employment
opportunities.
f.
To advise state Govt. on all matters relating to
planning and development activity in the state and districts having their
bearing on the growth prospects of the state.
2. With regard to proceedings of the State
Planning Board meeting, the PIO has informed that no planning board meeting has
been held so far and no proceedings is
available.
3. On question in respect of any recommendation
made by SPB to the State Govt, the response is NIL.
4. Expenditure of the members
of State Planning Board
|
Name of the Deputy Chairman/
Members of SBP |
Year |
Salary |
TA |
|
Sri Surendra Nath Naik,
Chairman, SPB |
2009-2010 2010-11 2011-12 2012-13 2013-14 ( upto Sept.13) |
4,96,000 6,96,000 6,96,000 6,96,000 3,48,000 |
19,516 1,60,000 2,16,726 73,304 23,512 |
|
Sri S.K.Sahu, Member, SPB |
2011-12 2012-13 |
00 00 |
25,432 20,508 |
|
Sri A.V.Swamy Member, SPB |
2011-12 ( The information is incomplete ) |
00 |
3245 |
Pradip Pradhan,
M-99378-43482, Date- 18.1.14
16. Fund disbursed by Odisha Govt. to private hospitals for providing
free service to the poor and the people of BPL category patients from
Odisha Treatment fund
On dated 6.1.2014, an RTI
Application was submitted to the Dept. of Health and Family welfare, Govt. of
Odisha seeking information about fund
disbursed by Odisha Govt. to private
hospitals for providing free service to the poor and the people of
BPL category patients from Odisha Treatment fund since beginning to Dec.2013. The
information provided by the PIO, office of Directorate of Medical Education and
Training, Odisha on dated 7.2.14 is as follows.
A. Statement
showing the expenditure incurred towards cashless
treatment in Pvt. Hospitals ( both
inside and outside state) from the date
of signing MOU till Dec. 2013
|
Sl.No |
Name of Hospital |
No. of the beneficiary
patients |
Referral/ Emergency |
Sanctioned amount ( in Rs.) |
|
1 |
Apollo Hospital, Bhubaneswar |
24 |
Referral |
21,97,548 |
|
2 |
Kalinga Hospital,
Bhubaneswar |
3 |
DO |
2,68,410 |
|
3 |
Ramkrishna Care Hospital,
Raipur |
8 |
DO |
99,840 |
|
4 |
Aditya Care Hispital,
Bhubaneswar |
5 |
Emergency |
3,97,103 |
|
5 |
IMS and SUM Hospital,
Bhubaneswar |
2 |
Emergency |
2,38,103 |
|
|
Grand Total |
42 |
|
32,01,021 ( Thirty two lakhs one thousand
twenty one rupees only) |
B. Statement
showing the financial assistance
provided to the patient through Private Hospital ( both inside and
outside the state) from 21.12.2011 to
Dec. 2013
|
Sl.No. |
Name of
Health Institution |
Amount
received ( in Rs.) |
Amount
utilised ( in Rs.) |
Beneficiary
covered |
|
1 |
L.V. Prasad
Eye Institute, Bhubaneswar |
1,30,000 |
1,30,000 |
7 |
|
2 |
Ashwini
Hospital, Cuttack |
10,80,000 |
10,80,000 |
30 |
|
3 |
I.G.H.,
RSP,SAIL, Rourkela |
25,000 |
25,000 |
1 |
|
4 |
Aditya care
Hospital, Bhubaneswar |
75,54,120 |
75,54,120 |
160 |
|
5 |
Ayush
Hospital, Bhubaneswar |
17,99,000 |
17,99,000 |
55 |
|
6 |
Hi-tech
Medical College & Hospital, Bhubaneswar |
1,35,35,000 |
1,35,35,000 |
399 |
|
7 |
Shanti
Memorial Hospital, Cuttack |
3,55,000 |
3,55,000 |
20 |
|
8 |
Christian
Medical College and Hospital, Vellore |
6,00,000 |
6,00,000 |
11 |
|
9 |
Kalinga
Hospital Bhubaneswar |
1,47,39,670 |
1,47,39,670 |
412 |
|
10 |
KIMS,
Bhubaneswar |
17,24,000 |
17,24,000 |
55 |
|
11 |
Apollo
Hospital, Bhubaneswar |
1,90,64,798 |
1,90,64,798 |
391 |
|
12 |
AIIMS, New
Delhi |
3,90,000 |
3,90,000 |
6 |
|
13 |
Tata Memorial
Hospital, Mumbai |
8,23,000 |
8,23,000 |
17 |
|
14 |
IMS & SUM
Hospital, Bhubaneswar |
96,80,103 |
96,80,103 |
334 |
|
15 |
Care
Hospital, Vishakhapatnam |
26,65,000 |
26,65,000 |
31 |
|
16 |
Basavatarakam
Indo American Cancer Hospital, Hyderabad-500034 |
50,000 |
50,000 |
1 |
|
17 |
B.G.S. Global
Hospital, Hyderabad |
50,000 |
50,000 |
1 |
|
18 |
Fortis
Hospital, Bangalore |
7,30,000 |
7,30,000 |
14 |
|
19 |
Institute of
Kidney disease and Research Centre |
50,000 |
50,000 |
1 |
|
20 |
Apollo
Hospital, Visakhapatnam |
3,50,000 |
3,50,000 |
7 |
|
21 |
Indus
Hospital, Visakhapatnam |
50,000 |
50,000 |
1 |
|
22 |
Mahatma
Gandhi Canncer Hospital and Research Institute, Visakhapatnam |
1,50,000 |
1,50,000 |
3 |
|
23 |
Dr. Balli Vai
Nanvati Hospital, Mumbai |
30,000 |
30,000 |
1 |
|
24 |
Narayana
Hrudayalaya, Bengaluru |
3,22,000 |
3,22,000 |
7 |
|
25 |
Swami
Vivekanada National Institute of Rehabilitation Training and Research Centre,
Olatpur, Cuttack |
45,000 |
45,000 |
2 |
|
26 |
Care
Hospital, Hyderabad |
1,00,000 |
1,00,000 |
2 |
|
27 |
Ram Manohar
Lohia Hospital, New Delhi |
50,000 |
50,000 |
1 |
|
28 |
Appolo
Hospital, Trichy |
50,000 |
50,000 |
1 |
|
29 |
Manipal Hospital,
Visakhapatnam |
30,000 |
30,000 |
1 |
|
30 |
Asian
Institute of Gastroentrology, Hyderabad |
43,000 |
43,000 |
1 |
|
31 |
Ramakristan
Care Hospital,Raipur, Chhatisgarh |
85,000 |
85,000 |
1 |
|
32 |
St. Johnson
Medical College and Hospital, Bangalore |
1,35,000 |
1,35,000 |
3 |
|
33 |
Kidwai
Memorial Institute of Oncology, Bangalore |
33,000 |
33,000 |
1 |
|
34 |
A.N.Beach
Hospital, Visakhapatnam |
1,00,000 |
1,00,000 |
1 |
|
35 |
Jayadev
Institute of Cardiovascular Science and Research, Bangalore |
50,000 |
50,000 |
1 |
|
36 |
Vedic
Institute of Cardiac Science, Bangalore |
1,00,000 |
1,00,000 |
1 |
|
37 |
Nimban’s
Hospital, Bangalore |
50,000 |
50,000 |
2 |
|
38 |
Queen’s NRI
Hospital, Vishakhapatnam |
50,000 |
50,000 |
1 |
|
39 |
AIIMS,
Bhubaneswar |
1,50,000 |
1,50,000 |
3 |
|
40 |
Apollo
Hospital, Hyderabad |
2,50,000 |
2,50,000 |
1 |
|
41 |
Chitaranjan
Seva Sadan, Niali |
60,000 |
60,000 |
12 |
|
42 |
Seven Hill
Hospital, Visakhapatnam |
95,000 |
95,000 |
4 |
|
43 |
NH RTICS, Kolkata |
1,75,000 |
1,75,000 |
3 |
|
44 |
Sanjay Gandhi
Post Graduate Institute of Medical Sciences, Luncknow-226014 |
50,000 |
50,000 |
1 |
|
45 |
Nizam’
Institute of Medical Sciences, Punjagutta, Hyderabad |
30,000 |
30,000 |
1 |
|
|
Total |
7,76,77,691 |
7,76,77,691 |
|
( Grand
Total- Seven Crores Seventy Six lakhs Seventy Seven Thousand Six Hundred Ninety
One)
Pradip
Pradhan, Date- 11.3.14
17. Has the Presence of Civil Society
members ( NGO) in Govt. brought any
changes or difference or contributed substantially for the development of the state and upheld the dignity of Civil Society.
Presently, discussion is going
on among various factions of NGOs for
recommending name of prominent Civil Society Members (so-called) to Biju Janata Dal, ruling political party for Rajya
Sabha ticket. Many factional groups have
held talk with me seeking my views for suggesting names to BJD for Rajya Sabha
ticket. I ponder over and still continue thinking whose name
should be suggested in the greater interest of the state as well as Civil
Society. What is the performance of Civil Society members during their
tenure in Govt. sector? Have they set any example before us. Have they brought any policy changes in Odisha. Have they contributed anything
substantially which the Civil Society
should highlight. These are the questions haunting me and my fellow
friends who are active in civil society movement in Odisha. So far as my knowledge is concerned, I share my views about
how the people of Civil Society in Govt. appointment has brought disaster to the state, worked day
and night influencing funding agencies
to get fund for their NGOs by selling
their designations, tried to satisfy their personal interest including accumulation of wealth for family,
son and daughter, developing own
infrastructure, purchasing number of plots in Bhubaneswar and other parts of the state like corrupt
bureaucrat and corporate dalal . These people
are duplicate characters and
always talk in two tones i.e, speaking one thing in the administration
to satisfy bureaucrats for their vested
interest and another thing in NGO meeting as if they are champion by cheating emotions of younger generation in
NGO sector. During their tenure, they have tried to satisfy whims, fancies of
bureaucracy at the cost of the interest of the poor.
1.
Performance
of Sri Jeo Mediath, Gram Vikash
Jeo Mediath, Director of Gram
Vikash is not ordinary man but man of crores and having own NGO empire across the state.
He is considered as biggest fund mobiliser and taken up several projects for
development of tribals in Odisha since last 30 years. However, in these areas, the State Govt. has
spent crores of rupees directly or through NGOs like Gram Vikash for
socio-economic development of tribals. But it has not brought any improvement
in the life and livelihood of the tribals. Still Odisha stands as poorest in
the country. He has big influence on
state bureaucracy and has close
proximity with politicians. He knows the technique of satisfying various groups
in political arena and bureaucracy.
In recognition of his work,
the State Govt. took him as Member of State Planning Board since the year
2009-10. Though five years passed, no Planning Board meeting has been held so
far in our state. As per information obtained through RTI, Sri Mediath neither
did play any role influencing
Vice-Chairman to call the meeting nor given any written suggestion to
Govt. for the state. But in NGO meeting in Bhubaneswar, New Delhi
and meeting of INGOs, World Bank, DFID held abroad, he is praised and portrayed
as honourable Planning Board Member of Odisha. His presence in Planning Board
has not brought any changes in planning map of Odisha. He has also not
preferred to resign till yet.
2.
Performance
of Sri A.V. Swamy, Director, VISWASS
Sri Swamy is portrayed as
Great Grand Father of NGO sector. Many people who are having big NGO set
up in Odisha have learnt the art of
developing NGO from Sri Swamy. The people
in politics and bureaucracy
respect him. He had close
proximity with Mr. Pyari Mohan Mohapatra which ensured his elevation as MP,
Rajya Sabha. As senior man of NGO sector, the State Govt. took him as State Planning board member since
2009-10. He continued till Member of Rajya Sabha. During his
tenure, he has not given any suggestion to State Govt. in respect of planning
or any model for development of the State. But NGOs/ INGOs highlight them as honourable Member, SPB in the meeting and
the participants cheers him. As Member of Rajya Sabha, we do not see any good
work done by him. He has assured to
ensure conducting social audit. But nothing has happened. His
performance needs to be monitored by
NGOs who extend support. Since last two
years, his performance is same as that of MP of Congress and BJP. No difference
from them.
3. Performance
of Sri Jagadanand Mohanty, Member-Secretary, CYSD
I use to write as Jagadanand Mohanty not Sri
Jagadanand, because his all official records including land records show his
name as Sri Jagadanad Mohanty. If anybody doubts it, they can inspect it in the office of Tahasil and records of GA
Dept. through RTI. His close proximity
with corrupt bureaucracy and Sri pyari Mohan Mohapatra has made him member of
State Planning Board and later on as Member of
State Information Commission. As
an RTI Activist, I have closely studied his performance as Information
Commissioner. He has behaved as criminal to the RTI Activists-complainants
during hearing threatening them to arrest by calling SP. Around 30 complaints have been filed against
him before Governor, Odisha seeking enquiry into his misdeeds, corruption etc.
which is under investigation. He has
also masterminded to file defamation
case against two prominent RTI Activists Sri Chitta Behera and Sri Pradip
Pradhan by influencing Sri. D.N. Padhi, then Chief Information Commissioner in
2010. He has not given a single
outstanding decision in the state,but
tries his best to protect corrupt bureaucracy.
He is the most useless
character and hated by all RTI Activists in the state. One
defamation case has been filed against
him in Bhubaneswar court. Around six
cases has been filed
challenging his decision in
Odisha High Court.
His involvement in land scam
by taking GA Plot in the name of his wife
has brought bad name to NGO sector.
Governor has ordered for an enquiry into it. Because of his close proximity
with Corrupt bureaucracy who he has provided protection as IC , investigation could not progress.
A case has been filed in Odisha High Court to enquire into the matter of
his involvement in land scam. Now by
selling name of civil society ( few NGO
Chamcha portray him as leader of Civil society), he is bargaining hard and running from pillar to post to get MP ticket
from BJD. We have already started
signature campaign appealing president, Biju Janata Dal and all Members of BJD not to give him ticket.
Performance of Civil Society
member in Child Rights Commission or any other
Govt. bodies is neither satisfactory nor praise worthy. At
Govt. level, they are seen engaged in hobnobbing with law breakers for their
vested interest and brightening own
future and mobilize more fund for their NGOs. But in NGO front, they
speak as messiah and
protagonist of human rights, duties of
NGOs ( what NGOs should do or do not)
and against corruption just to keep their face clean. In
private conversation, they pretend
as if they are trying hard to do everything
and feel to resign, but they
never do it.
Tapan
Padhi , M-94376-35267
18. RTI Activist was mercilessly beaten up in the office
premises of Deogaon Block under Bolangir district, Odisha
On 1.3.14, Mangal Ray, a Dalit
RTI Activist working in Bolangir
district had visited Deogaon Block to submit RTI Application seeking information
about details of road construction work
undertaken from Jarasingha RD road to Udar RD road under NREGA in
2012-13, estimate copy, details of expenditure including copy of bill
and vouchures etc. When he was filing RTI application to the PIO, the Junior Engineer
of the Block along with some hooligans and contractors entered into the office
and asked him purpose of his visit. Then they started beating him mercilessly
with blow and fist and forced him to withdraw the application. The officials
present in the office neither protested nor came to his rescue. The hooligans
also used slang language taking name of his caste and threatened him to leave
the office. His RTI Application was tore up into pieces. Sri Mangal left the office. He was so
frightened that he could not file FIR.
After getting assurance of
protection from fellow RTI Activists, he dared to file an FIR in Deogaon police
station on 12.3.14. Mangal is the fourth victim in Bolangir, Earlier, in 2009,
Sri Gopabandhu Chhatria who had submitted RTI application to the Deogaon
Block to expose corruption in a check
dam construction work was beaten up and false case was filed against him
for which he was put behind bar for four days. Later on the court
acquitted him.
Similarly, Sri Nilamani Joshi
who have been fighting since 2009 to expose corruption in purchase of paddy in
Bolangir and nexus of mill-owners, officials of Anchalik co-operative societies
and District Civil office have been
several times attacked, threatened and pushed from running train.
Another RTI Activist Sri Kedar
Nanda was false implicated with rape
case in 2010 and charged under section
452,323,506,294 of IPC when he had
visited CDPO office, Bolangir to get information about functioning of Anganwadi centres. CDPO has stated in her FIR that “Sri Nanda, RTI Applicant abused her in
obscene language saying “DARI BITANGI, MU TOTE DEKHINEBI”. He threw the files
and Registers, pulled the sarees and gave her a push.” He got
the advance bail from High Court and fought the legal battle for three years.
The Additional Session Judge acquitted him
from this false case.
Pradip Pradhan, M-9937843482, Date- 13.3.14
19. Position of Calamity Relief Fund/
State Disaster Response Fund in Odisha (
2005-06 to 2013-14)
On dated 9.12.13, RTI
Application was submitted to the Dept. of Revenue and Disaster Management
to get the information about
details of fund received and spent for disaster
in Odisha and fund
given by Central Govt. to deal
“Phailin cyclone situation” in
the state. The information provided by the PIO on dated 27.1.2014 is as
follows.
Position of Calamity Relief
Fund/ State Disaster Response Fund in Odisha ,
( 2005-06 to 2013-14)
( Rs. In crores)
|
Year |
Availability of Total fund |
Share of centre |
State share |
Expenditure, if any during
the year |
|
2005-06 |
402.940 |
226.160 |
75.390 |
231.720 |
|
2006-07 |
596.550 |
316.340 |
97.114 |
455.000 |
|
2007-08 |
382.720 |
180.880 |
60.296 |
287.200 |
|
2008-09 |
627.760 |
423.370 |
108.163 |
623.410 |
|
2009-10 |
239.690 |
176.510 |
58.837 |
233.970 |
|
2010-11 |
607.810 |
493.690 |
97.890 |
585.320 |
|
2011-12 |
1472.470 |
1347.190 |
102.790 |
1181.170 |
|
2012-13 |
729.210 |
329.980 |
107.930 |
544.890 |
|
2013-14 ( As on 27.12.13) |
1494.290 |
1169.990 |
139.983 |
1733.960 |
N.B.- (a) The above amount includes contribution from National Disaster Response
Fund and it is accounted for in share of Centre. The balance available
at the end of financial year is carried forward to the next year for
expenditure as opening balance.
(b) An amount of Rs. 130000.00 lakh has been obtained from Odisha Contingency
Fund ( OCF) as advance
to accommodate the immediate requirement
due to very severe cyclonic storm
Phailin and subsequent flood.
Out of the above an amount of Rs. 129555.8099 lakh has already
been allotted in favour of different
districts & Departments
towards different measures. The
advance will be recouped
from the grant out of
NDRF from Government of India. Till 27.12.,
13 an amount of Rs. 750.00 crore
has been received from NDRF.
20. Funds received from Govt. of India
for very cyclonic storm Phailin and subsequent flood
The Central Government has sanctioned Rs. 83001.00 lakh in favour of Government
of Odisha in three different instalments
out of SDRF/NDRF towards
relief necessitated on account
of very severe Cyclonic storm Phailin
and consequent flood mentioned below.
|
Sl. No. |
Central Govt. Letter No/Date
|
Unit |
Amount provided ( in
lakhs) |
Remarks |
|
1 |
F.23 (33)/FCD/2010 Dt.
19.11.2013 |
SDRF |
8001.000 |
Amount sanctioned in advance
out of central share for the
year 2014-15 |
|
2 |
F.23 (3)/SDF/FCD/2010 Dt.
29.11.13 |
NDRF |
25000.000 |
Central Govt. assistance out
of NDRF |
|
3 |
F.23 (3)/FCD/2010 dt.
3.12.13 |
NDRF |
50000.000 |
Central assistance out of
NDRF. |
Pradip Pradhan, M-99378-43482, Dt. 26.3.14
21. Annual Report of Odisha
Information Commission for 2011-12- An Analysis
On 13.2.14, the last day of
the assembly session of Odisha Legislative Assembly, the State Govt. presented Annual Report for
2011-12 complied by Odisha
Information Commission about
implementation of RTI Act in Odisha. As
per section 25 (1) of the RTI Act, “the
Information Commission shall as soon as
practicable after the end of the year,
prepare a report on the implementation of the provisions of the Act during the year and forward
a copy to the Govt.”. It means
Odisha Information Commission is required to
prepare annual report by end of the financial year 2011-12 and forward
the same to the State Govt. for
presentation in the assembly in the year 2012. But the State Commission took two years to prepare the report which was presented in
2014. God knows when the Annual Report for 2012-13 and 2013-14 will be prepared
by the Commission and put in the assembly.
Some important information
highlighted in Annual Report for 2011-12
is analysed with comments
and presented for public discourse as follows.
1.
Status
of RTI Application
The Commission has given
department-wise figure (43 Department) about number of RTI Applications
submitted to the different Depts. and their respective administrative units at
district. Block, GP level. For example, the information about receipt and disposal
of RTI Applications of the office of PD,
DRDAs ( District Rural Development Agency) of different districts has
been compiled and put under the Head of Dept. Panchayat Raj. In fact
this practice is illegal under
RTI Act. Section 25 (2) of the Act
states that Each Ministry or Department
shall, in relation to Public
authorities within their
jurisdiction, collect and provide such information to the Central Information Commission or
State Information Commission, as the case may be, as is required to prepare the
Annual report .............. Section 25 (3)
states that each report shall
state in respect of the year to which the report relates,- (a) The number
of requests made to each public
authority.
It means the
Commission’s Annual Report should
reflect the number of RTI Applications submitted
and disposed by each public
authority i.e, each office of Collector
of all districts, each office of DRDAs,
each Tahasil office , each block office like this. The objective of this provision is that the citizens
can get the information about RTI
Applications submitted to each office of
the state. Complying mandate of this
provision, Central
Information Commission has reflected in their Annual Report about
information relating to receipt
and disposal of the case by each public authority coming under Central Govt. across India.
From the Annual Report of Odisha Information Commission, a reader
can not get information
about number of application
submitted to High Court or District
Courts or Block or Tahasil offices. This
issue has been raised by RTI Activists in several times and memorandum submitted to the State Commission and Govt.
to provide information about RTI Applications of
each public authority-wise in
the state. But the State Commission has turned their deaf year to the demands of RTI
Activists and continue to violate the
Act. Though the mandate of the
Commission is to safeguard the law and
ensure its implementation in letter and spirit.
Status of RTI
Applications in 2011-12
|
Years |
Opening Balance |
Received |
Disposed |
Pending |
|
2005-06 |
0 |
447 |
382 |
65 |
|
2006-07 |
65 |
4618 |
4243 |
440 |
|
2007-08 |
440 |
9772 |
8421 |
1791 |
|
2008-09 |
1791 |
37997 |
32666 |
7122 |
|
2009-10 |
7122 |
42036 |
39998 |
9160 |
|
2010-11 |
9160 |
35649 |
34503 |
10306 |
|
2011-12 |
12714 |
52305 |
59259 |
5760 |
|
Total RTI Applications received within seven
years |
1,82,824 |
|
|
|
Remarks- The Commission has mentioned in satisfactory mood that “there is substantial decline in the
year-wise pendency of RTI Applications after 2008-09, which is clear indication
of accelerated disposal. Disposal does not mean RTI Application has been
properly complied. Hundreds of RTI Applications has been mindlessly and
recklessly disposed by the PIOs for the
sake of disposal for which thousands of complaint cases are being filed in the
commission. It is fact that there is
substantial increase in filling of RTI Applications ( 52,305). It shows that
massive campaign on RTI by Civil Society Groups has yielded some positive
results.
2. Receipt and Disposal of Complaint
Cases and Second Appeals
|
Years |
Opening Balance |
Received |
Disposed |
Cumulative pending |
||||
|
2005-06 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
2006-07 |
0 |
0 |
1012 |
308 |
367 |
148 |
645 |
160 |
|
2007-08 |
645 |
160 |
2051 |
449 |
463 |
166 |
2233 |
443 |
|
2008-09 |
2233 |
443 |
2029 |
336 |
597 |
120 |
3665 |
659 |
|
2009-10 |
3665 |
659 |
2662 |
462 |
1103 |
169 |
5224 |
952 |
|
2010-11 |
5224 |
952 |
3658 |
390 |
1706 |
289 |
7176 |
1053 |
|
2011-12 |
7176 |
1053 |
3197 |
707 |
5047 |
633 |
5326 |
1127 |
Remarks- In 2010-11, the Commission received total number of 4048 cases,
while in 2011-12, receipt of the cases was 3904. It shows trend of decline in
respect of filling complaints by the citizens.
It happens because many people got frustrated over unilateral disposal
of the cases by Commission without hearing, ensuring no information and
remanding to the First Appellate Authority and refrained filling the cases on
the pretext that they would not get justice. The frustration of RTI Activists
and RTI users has been manifested in form of public protest before commission
and submission of Memorandum to Governor demanding action against the
Commission for their illegal activities. The Commission’s unilateral disposal
of the cases at the stroke of pen without hearing figured huge disposal of the
case (5680 ) in 2011-12 breaking all previous records. The
Commission though illegal, but mindfully carved this strategy to reduce huge
pendency and save their face from public criticism and prove their so-called
efficiency in matter of disposal of cases.
In this year, all three Commissioners have disposed around 3000 cases
without hearing and without
ensuring a single information to the complainants.
3.Imposition and collection of Penalty
|
Year |
No. of cases penalty imposed
|
Penalty imposed |
No. of cases interim stay
order granted by High Court |
Interim stay continuing (
Amount in Rs.) |
|
2006-07 |
4 |
29750 |
0 |
0 |
|
2007-08 |
46 |
550750 |
7 |
235000 |
|
2008-09 |
66 |
547250 |
6 |
94750 |
|
2009-10 |
89 |
1094750 |
9 |
171000 |
|
2010-11 |
102 |
1518250 |
17 |
339000 |
|
2011-12 |
203 |
3007750 |
12 |
255250 |
|
Total |
510 |
67,48,500 |
|
|
Remarks-
It is fact as mentioned in Annual Report
that there has been an upward trend in imposition of penalties on the
erring PIOs/referred PIOs. But if we
take all
complaint cases as genuine
cases disposed by the Commission in 2011-12, penalty
imposed by the commission is meagre and
negligible. Penalty has been imposed on
just 203 cases ( 4%) out of 5680 cases disposed
by the commission.
4. Fees and costs collected as per RTI Act
|
Years |
Total charges ( In Rs.) |
|
2005-06 |
18041 |
|
2006-07 |
147349 |
|
2007-08 |
220952 |
|
2008-09 |
271942 |
|
2009-10 |
890259 |
|
2010-11 |
1388380 |
|
2011-12 |
1046166 |
|
Total |
39,83,089 |
5. Recommendations
Under section 25 of the Act,
the Commission has made a lot of
fantastic recommendations to the State Govt. for effective
implementation of RTI Act in the state in 2011-12 . Some of these
recommendations are (a) enforcing suo
moto disclosure of information under section 4 of the RTI Act and publishing this information in Odia
language and making hard copy of this
information with the PIO for inspection by the public, (b) Develop viable mechanism
in each Dept. for pro-active and timely disclosure of proposed programme, plans and policies as
well as proposed amendments to the existing laws and fresh legislation under
section 4 (1)(c) of the RTI Act, (c) include
details of RTI compliance in
Annual Reports published by each Dept,
(d) to evolve mechanism in Govt. for
monitoring recovery of penalties from
the erring PIOs, (e) amendment of Rule-4 of Odisha RTI Rules to enable RTI Applicant to make payments
through treasury challan, bank draft, money order, IPO or cash, (f) periodic review ( at least
bio-monthly) of implementation of RTI
Act by all Departments.
Pradip Pradhan, M-9937843482, Date-4.4.14
22. Management of ICDS in Odisha
ICDS is one of the most important food
security programmes in the state. It
mandates to check malnutrition, Infant Mortality and Maternal Mortality in the
state by
ensuring nutritious food to the children , lactating and pregnant
women. This programme is being implemented through Anganwadi Centres. An RTI Application was submitted to understand
how ICDS is being managed
by the State Govt., sharing of fund between state and centre, situation
of AWCs, situation of malnourished children
etc. The information provided by the PIO , Dept. of Women and
Child Development on dated 19.5.14 is as
follows.
A.
Details
of fund sanctioned for management of ICDS
(Rs. In lakhs)
|
Year |
Total Sanctioned |
State share |
Central share |
|
2011-12 |
99786.91 |
36931.62 |
62855.29 |
|
2012-13 |
118567.50 |
40453.59 |
78113.91 |
|
2013-14 |
172620.22 |
64129.88 |
108490.00 |
b. Fund sanctioned by central
Govt. for the following purposes
|
a. ICDS (General) |
B.Supplementary Nutrition
Programme (SNP) |
|
c. ICDS ( Training ) |
d. Construction of AWC
Buildings ( from 2013-14) |
|
e.Upgradation of AWC
Building ( From 2013-14) |
|
c. The cost sharing between the
state and central Govt. for
Supplementary Nutrition Programme
is 50 :50
Utilisation of fund for last 3 years
|
Year |
State Share |
Central share |
|
2011-12 |
27301.46 |
27301.46 |
|
2012-13 |
28333.53 |
28333.53 |
|
2013-14 (upto 31.12.2013) |
28000.00 |
24279.22 |
d. Total Angawadi centres
There are total number of
71306 Anganwadi centres with
Mini-Anganwadi centres ( 10,216) in the
state.
E. Anganwadi Workers
The total number of sanctioned
post for Anganwadi Workers is 71306
out which 3216 posts are lying
vacant in different districts. Koraput
district which is the most backward and high magnitude of malnourished
children, has highest number of vacant
post of Anganwadi workers ( 368) in the state followed by Mayurbhanj (
344), , Puri (235), Balasore (218),
Keonjhar (201) etc.
f. Beneficiaries under ICDS
programme
Total number of 46, 28,
385 beneficiaries are
covered under Supplementary Nutrition programme undertaken to provide nutritious food to the children 9 2013-14)
. The number of various groups of beneficiaries are as follows.
|
Number of children under the age group of 6 months to 3 years: |
19, 83, 945 |
|
Number of children under the age group of 3
years to 6 years |
17,59,198 |
|
Number of severely mal-nourished children under the age group of 6 months to 3 years |
66,956 |
|
Number of severely malnourished children
under the age group of 3 years to 6 years |
33,807 |
|
Number of pregnant and
lactating women covered |
7,84,474 |
g. The Govt. has already spent Rs. 2,06,44,900.00 for imparting training to
the members of Jaanch Committee and Mothers’ Committee . These Committees have
been formed to monitor Anganwadi centres and quality and quantity of food served to the
children etc. It needs to be mentioned
here that these Committees hardly monitor the programme. There is still doubt whether
they are properly sensitised
about their role and responsibilities.
Pradip Pradhan, M-99378-43482, Date- 23.5.14
23.
Abysmal failure of Odisha Information
Commission for disposal of the cases
Huge
Pendency of the cases in
Odisha Information Commission is due to
very slow and low disposal by the
Commission, exposed through RTI.
Every time,
the common people make
complaints against Odisha Information commission for their
long delay in the matter of
hearing and disposal of
complaint and second appeal cases . It is also seen that the Commission
takes around one year or more than that to hear a complaint case. For example, on 27.4.14, I had filed Second Appeal petition to the Commission against the PIO,
office of IDCO, Bhubaneswar for denial of the information. After one year, the first hearing of the case
started by the Commission in the month of April,2014. The date for
third hearing of the case has been
fixed in the month of July.
Finding long delay in the hearing of the cases and huge pendency of the cases in the Commission, I tried to explore the
reason behind it and submitted RTI Application on dt. 28.4.14
to the PIO, office of Information Commission
seeking information about number
days devoted by the Commission
and cases disposed
per month from November 2013 to
April, 2014. The information provided by
the PIO on 27.5.14 is as
follows
|
Month |
Number of days devoted by the Commission |
|
|
|
Sri Tarun Kanti Mishra, SCIC |
Sri Pramod Kumar Mohanty, SIC |
|
November, 2013 |
07 |
19 |
|
December,2013 |
15 |
14 |
|
January, 2014 |
14 |
18 |
|
February,2014 |
12 |
18 |
|
March,2014 |
09 |
13 |
|
April, 2014 |
16 |
16 |
|
Total |
73 |
98 |
Analysis
·
In an average, Sri Tarun Kanti Mishra devotes only 13
days for hearing in a month
whereas Sri Pramod Kumar Mohanty spends just 16 days.
·
Sri P.K. Mohanty devotes more time for hearing the cases than Sri T.K.Mishra
·
Interestingly, Sri T.K.Mishra draws
more salary, allowances and other perks than that of Sri Mohanty.
·
Monthly drawal
of salary and other allowances of Sri T.K.Mishra is around Rs. 2 lakhs.. whereas Sri Mohanty
draws around Rs. 1.70 lakhs per month.
·
It is felt that due to extreme old age and lack of efficiency, the Commissioners could not devote more time for
hearing the cases but takes huge
amount as salary from state exchequer.
Number of cases heard and disposed by
the Commission
|
Month |
Sri Tarun Kanti Mishra , SCIC |
Sri Pramod Kumar Mohanty, SIC |
||
|
|
Total number of cases heard |
Total Number of cases disposed |
Total Number of cases heard |
Total Number of cases disposed |
|
November, 2013 |
69 |
42 |
222 |
118 |
|
December,2013 |
193 |
93 |
172 |
107 |
|
January, 2014 |
168 |
76 |
207 |
124 |
|
February,2014 |
132 |
60 |
181 |
91 |
|
March,2014 |
120 |
53 |
152 |
72 |
|
April, 2014 |
188 |
85 |
191 |
95 |
|
Total |
870 |
409 |
1125 |
607 |
Analysis
1. In an average, Sri T.K.Mishra hears just 11
cases and disposes just 5 cases per day, whereas Sri P.K.Mohanty hears 11
cases and disposes 6 cases per day.
2. It
shows that the Information Commissioners are hearing very low number of cases per day .
It proves their inefficiency and incapacity to hear the cases. It has been observed that the Commissioners at the early stage of their appointment were making very slow hearing of
the similar number of the cases. Getting acquainted with the
system was taken as excuse
for hearing of very small number of the cases. But at the fag end of their
career, the Commissioners are hearing same number of cases without any improvement.
3. Interestingly,
despite few number of days being
devoted for hearing, the Commissioners just devote two hours in a day for hearing.
4. Less
number of days for hearing per month and
just two hours of hearing in a day has left
the Commission relaxed and enjoyable
causing huge loss to state exchequer
and leading huge pendency of the
cases which has become matter of
concern for the RTI Activists in the state.
5. The
extreme old age, laziness, lethargic temperament, indifferent attitude of the Commissioners to
provide justice to the people has
made hearing process a mockery and made
the citizens frustrated.
6. The
reaction of the citizens has been
manifested in form of filling complaints cases to Governor, Odisha and Odisha High Court seeking removal of the
Commissioners.
Pradip
Pradhan, Date-3.6.14
24. Politics behind distribution of
Umbrella and Blanket to the beneficiaries covered under various pension schemes
by Govt. of Odisha
It is widely discussed that the populist programme like distribution of blanket, umbrella,
bicycle, Laptop, mobile etc. of BJD
Govt. helped winning the party and
coming back to power in 2014 General
election. On 26.5.14, RTI Application
was submitted to the PIO, Dept. of Women
and Child Development, Govt. of Odisha seeking information to know about the procedure followed for taking
decision to distribute umbrella and
blanket to the people and expenditure
made for it. On 12.6.14, the PIO has supplied
the information which is as follows.
1.
The State Govt. has distributed blanket and
umbrella to the beneficiaries. Rs. 100/- as Summer Allowance for Umbrella and Rs.
200/- as winter allowance for blanket
was distributed to the
beneficiaries in 2012-13 and 2013-14.
2.
The beneficiaries of various pension schemes like Indira Gandhi
National Old Age Pension Scheme, Indira Gandhi National Widow Pension scheme,
Indira Gandhi Disable pension scheme, Madhubabu Pension Yojana received summer
and winter allowances.
3.
Total No. of 36,90, 684 and 40,16,313
beneficiaries were distributed Winter Allowances in 2012-13 and 2013-14
respectively.
4.
Total No. of 37,76, 355 beneficiaries were
distributed Umbrella Allowances in 2013-14.
5.
Total amount spent for winter allowances is Rs.
73, 81, 36,800/- and Rs. 80, 32, 71,000/- in 2012-13 and 2013-14 respectively.
6.
Total amount spent for Summer Allowances is Rs.
37, 46, 35,500/- in 2013-14.
Details of decision taken and fund earmarked for these allowances is as
follows. ( extracts from File noting and proceedings of the meeting of CMRF.)
A.
Summer
Allowance
23.5.13, in
a meeting chaired by Chief Minister, Odisha, it was decided to provide onetime
Summer Allowance @ Rs. 100/- to all pensioners
under different schemes in rural areas on 15.6.13. The beneficiaries will utilise
this onetime assistance for purchase of umbrella. People’s representative will
be involved in the distribution at Gram Panchayat level on the day of
distribution. As there was no budgetary provision in the B.E. for the year 2013-14 for
implementation of this programme, it was decided by the Govt. to disburse the
amount on 15th June , 2013
for the time being out of the funds provided under the scheme Winter allowance to
the pensioners in the B.E. for 2013-14 under State Plan and the matter is to be placed at the stage of appraisal before the Expenditure Finance Committee (EFC)
meeting.
B.
Winter
Allowance
Provision of Winter
Allowances @ Rs. 200/- each for all Pensioners was
discussed in the meeting of the
Trustees of Odisha Chief Minister’s
Relief Fund held on the Chairmanship of Chief Secretary on 30.11.12.
It was decided that the said allowance amounting Rs. 73,81,36,800/- would be provided from CMRF to all pensioners. It was also decided that
Odisha Mining Corporation (OMC) would be requested to donate required amount
Rs. 73, 81, 36,800/- to CMRF to
reimburse the drawals made from CMRF for this purpose. It needs to be mentioned here that out of
fund of Rs. 87,28,50,000/- donated
by OMC to CMRF, the State Govt. spent Rs. 84,55,00,000/- towards free
Bicycle scheme ( 2012-13) and Rs. 2,36,00,000/- towards School Uniform under SC
and ST Development Dept. etc.
It needs to be debated whether CMRF has been constituted to donate
fund for implementing populist scheme of the Govt. in the state.
Pradip Pradhan, M-9937843482, Date- 21.6.14
25.
Prisoners and Undertrials in different Jails in Odisha and expenses
made for fooding of the prisoners.
On 2.5.14, RTI Application was
submitted to the PIO, Dept. of Home
seeking information about number of Prisoners in
different jails in the state and
various expenses made for the prisoners from 2009-10 to 2013-14. The Application was
transferred to the Inspector General of
Prisons which was against transferred to the
Directorate of Prisons and Correctional services, Odisha to provide
information. On 19.6. 14, the PIO has
supplied the information which is as
follows.
|
Total number of Jails,
Sub-Jails, Special Jails, Circle jails
in Odisha |
91 |
|
Total No. of Sub-Jails in the state |
69 |
|
Total no. of Convicted
prisoners in jails |
3467 |
|
Total No. of Undertrials |
11239 |
a.
There is
no prisoner in the sub-jails like
Kashipur, Kantabanjhi, Laxmipur, Patrapur and Soro.
b.
The cost
of Food per head per day is Rs.
60/- as per circular no. 35922 dt.
25.9.2013 issued by Dept. of Home, Govt.
of Odisha. Earlier it was Rs. 45/- as
per circular issued on dated 17.9.2010 .
c.
The expenditure made for diet, Hospital charges, other charges
like sanitation, Bedding, Clothing and
Linen will be disseminated later on due to
non- compilation of the information provided by the Directorate.
Prisoners and Undertrials
in different Jails in Odisha as on 30.4.14
|
Sl.No |
Name of the Jails |
Convict |
Undertrials |
Total |
|
Circle Jails |
||||
|
1 |
Baripada |
214 |
309 |
523 |
|
2 |
Berhampur |
177 |
585 |
762 |
|
3 |
Choudwar |
282 |
480 |
762 |
|
4 |
Koraput |
255 |
239 |
494 |
|
5 |
Sambalpur |
196 |
452 |
648 |
|
District Jails |
||||
|
6 |
Angul Jail |
50 |
347 |
397 |
|
7 |
Balasore |
109 |
309 |
418 |
|
8 |
Bhawanipatna |
135 |
182 |
317 |
|
9 |
Bolangir |
113 |
206 |
319 |
|
10 |
Dhenkanal |
88 |
134 |
222 |
|
11 |
Keonjhar |
228 |
264 |
492 |
|
12 |
Phulbani |
84 |
134 |
218 |
|
13 |
Puri |
104 |
272 |
376 |
|
14 |
Sundargarh |
100 |
355 |
455 |
|
Special Jails
|
||||
|
15 |
Bhubaneswar |
95 |
543 |
638 |
|
16 |
Rourkela |
118 |
361 |
479 |
|
Special
Sub-Jails |
||||
|
17 |
Bhadrak |
64 |
216 |
280 |
|
18 |
Bhanjanagar |
28 |
222 |
250 |
|
19 |
Bonaigarh |
40 |
220 |
260 |
|
20 |
Boudh |
60 |
137 |
197 |
|
21 |
Deogarh |
27 |
175 |
202 |
|
22 |
Talcher |
32 |
80 |
112 |
|
Sub-Jails (
69 no. of Sub-Jails ) |
||||
|
69 |
|
868 |
5017 |
5885 |
|
91 |
Total |
3467 |
11239 |
14,706 |
Pradip Pradhan, Date- 29.6.14
26.
Water Tax worth Rs. 6169 crores pending with the
Companies and Factories in the State from 2000 to 2014 due to inefficiency and indifferent attitude of Odisha Govt.
On 27.6.14 RTI Application was
submitted to the Dept. of Water Resources seeking information about details of
water tax pending with the companies from 2000 to 2014. The PIO of office of
Engineering-in-Chief, Water Resources has supplied the information on 28.7.14.
The details are as follows.
A.
Total number of 129 Companies ( both Govt. and
Private Companies) have not deposited
Water Tax with Govt. Water Tax worth Rs. 6169.732 crores is pending with these
companies.
B.
The major
companies against whom the water tax
worth Rs. 10 crores or more than
it is as follows.
|
Sl.No |
Name of Company/ Factories/
Institutions |
Arrear up to 31.3.14 ( Rs.
In Lakhs) |
|
Jarka Irrigation Division |
||
|
1 |
Nilachal Ispat Nigam Limited
|
1626.87 |
|
2 |
IDCO, Kalinha Nagar |
3403. 29 |
|
Mahanadi North Division ,
Jagatpur, Cuttack |
||
|
3 |
Arati Steel |
1321.31 |
|
Main Dam Division, Burla,
Jharsuguda |
||
|
4 |
Orient Paper Mils, Brajaraja
Nagar |
5292.080 |
|
5 |
M.C.L., Brajaraja Nagar |
5022.766 |
|
6 |
B.I.T.S., Bandhabahal |
1607.72 |
|
7 |
Tata Refectories Limited,
Belpahad |
1603.084 |
|
8 |
Burla Power House |
471983.95 |
|
9 |
M/s Bhusan Limited |
1545.435 |
|
10 |
Viraj Steel and Energy |
704.078 |
|
11 |
M/s Shyam DRI Pvt. Ltd |
2585.35 |
|
Head Works Division, Samal, Dist-Angul |
||
|
12. |
M/s Odisha Power Consortium
Ltd. |
3580.34 |
|
13 |
OHPC Rengali Hydro Electric
Project |
4276.00 |
|
Angul Irrigation Division |
||
|
14 |
NALCO, Angul |
28304.845 |
|
15 |
TTPS (NTPC) Chainpal |
18574.958 |
|
16 |
Jindal Steel and Power Ltd. |
1398.041 |
|
17 |
Reliance Industries,
Dhenkanal |
1088.023 |
|
18 |
Shakti Sugar, Dhenkanal |
753.649 |
|
Berhampur Irrigation
Division |
||
|
19 |
Indian Rarer Earth Ltd. |
1375.816 |
|
Upper Kolab Head Works
Divsion, Kolabnagar, Koraput |
||
|
20 |
NALCO ( M&R), Damanjodi |
4869.441 |
|
21 |
Sewa paper Mill, Jeypore |
17218.835 |
|
22 |
P.H.Division, Koraput |
1048.458 |
|
23 |
OHPC, Ltd. UKHEP, Bariniput |
22121.95 |
C. Only 13
out of 129 companies have brought
stay order from Odisha High Court challenging water tax imposed by the State
Govt. These are as follows.
|
Sl.No |
Name of
Company |
Year of Stay |
Details of
action taken to vacate the stay |
|
1 |
Sakti Sugars
Ltd., Dhenkanal |
2006 |
1.Counter
affidavit and Misc. Cases filed by State Govt. on 13.4.07 and
5.2.2009 2.
Additional affidavit filed by CE, Water Resources on 19.6.13 |
|
2 |
Jayshree
Chemicals, Berhampur Irrigation Division |
2000 |
EE, Berhampur
Irrigation Division filed last affidavit on 10.2.09 |
|
3 |
Canon
Drunkerly and Co., Rayagada, Harabhanga Irrigation Division, Adava |
2004 |
Last Counter
affidavit filed the state Govt. on 4.5.2009 |
|
4 |
SE Railyways,
Jharsuguda |
2005 |
Counter
Affidavit filed by EE, Main Dam Division, Burla on 3.2.2009 |
|
5 |
Tata Steels,
Joda |
2006 |
Counter
affidavit filed on 2006 and 2009 Addl.
Affidavit filed by CE, OWPO on 12.12.2011 |
|
6 |
Aska
Cooperative Sugar Industries Ltd. Bhanjanagar |
2005 |
EE., Bhanjanagar
Irr. Division filed Misc. Case in
2009. |
|
7 |
Ballarpur
Industry (SEWA) Jeypore |
2000 |
Last
Affidavit filed CE, Water Resources in
2002 Misc. Case
filed by EE, UK Head Works Division in 2009 |
|
8 |
Ballarpur
Industries, Choudwar |
2000 |
Last Counter
affidavit filed by EE, Mhanadi North Division in 2000 |
|
9 |
Paradeep
Phosphates Limited |
|
Counter
affidavit filed in WP(C) 19097/2011 |
|
10 |
Arati Steels
Ltd. Cuttack |
2000 |
No counter affidavit filed in WP (C) No. 18501/2013 |
|
11 |
Jindal steels
aand Power Lid. |
|
EE, Angul
Irrigation Division has been directed
to file counter affidavit in WP (C)
No. 18635/13 |
|
12 |
Enami Paper
Mills Ltd., Balasore |
|
EE, Balasore
has filed counter affidavit in WP (C)
No. 6047/12 |
|
13 |
Mahaveer
Ferro Alloys Ltd. Sundargarh
Irrigation Division |
|
Counter
affidavit filed on 11.11.13 in WP (C) No. 10147/13 |
|
Besides, Secretary and Addl. secretary, Water Resources have filed further affidavits for full
bench hearing of the cases of the industries from Serial No. 1 to
8 of the list on 26.2.09 and 25.2.09
respectively as per direction of
Odisha High Court |
|||
d. Two Advocates have been
engaged by the Govt. To fight the case in High Court, Odisha. Information about money spent for advocates
who are fighting the case in High Court, Odisha has not been supplied by the PIO. It will be collected from
different Division offices. I am pursuing this issue.
Comments
·
Only 13 companies have challenged
water tax fees fixed by
Govt. Now the question comes why the Govt. Has not collected water
tax from rest of the companies.
·
In most the cases, the State Govt. Has failed to
purse the matter at court level. The
Govt. Has filed counter affidavit by 2009. Since then, the case has neither
been heard nor the has the Govt. taken any steps to dispose the case.
·
The lingering of the cases in High Court
has not only affected the
economic interest of the
state but caused
heavy damage to state exchequer.
·
The lingering of the cases in High Court
since 2000 is due to nexus and
secret understanding of State Govt. ,
corrupt bureaucracy and the companies which has given golden opportunity to the
companies to continue to take
water without depositing a single pie. That’s why Rs 6000 crores has not been collected from them.
Pradip Pradhan, Date- 31.7.14
27.
Allotment of Land to Educational and Technical
Institutions by IDCO in Bhubaneswar
According to the provisions of
OHDC Act, 1980 and IPrs of 2001 and 2007, the Government granted land on lease
to IDCO at concessional rate for eventual allotment of the same to industrial
units for the purpose of securing and assisting rapid and orderly establishment
of industries, trade and commerce in the state.
The Government allotted 8235.872
acres of land to IDCO for industrial purpose
of which IDCO was found to have
allotted 311.76 acres of land in favour of different educational
institutions and technical institutions
which is not the mandate of the IDCO. A total no. of 150.79 acres of
land have been allotted to educational and technical institutes in Bhubaneswar
which is as follows.
|
Sl.No |
Name of the Institutions |
Area allotted (in Acres) |
|
1 |
Kalinga Institute of
Industrial Technology(KIIT), Bhubaneswar |
89.170 |
|
2 |
Navadiganta Educational
Trust, Bhubaneswar |
22.860 |
|
3 |
Odisha Trust of Technical
Education and Training (OTTET), Bhubaneswar |
0.198 |
|
4 |
Gokarneswar Charitable
Trust, Bhubaneswar |
1.360 |
|
5 |
Silicon Institute of
Technology, Bhubaneswar |
18.376 |
|
6 |
Saint Sirdi Sai Education
Society, Bhubaneswar |
3.670 |
|
7 |
Dinabandhu Foundation for
Educational Research and Economic development, Bhubaneswar |
10.040 |
|
8 |
Future Focus and Initiative,
Bhubaneswar |
4.394 |
|
|
Total |
150.79 |
In the absence of a uniform,
transparent and equitable land allotment policy, IDCO was allotting land in
industrial estates to educational institutions which ultimately resulted in
allotment of more land to them than actually required.
KIIT, as an Institute which
evolved from one functioning out of a single rented room in 1992 to one that
boasts of 10 sprawling wifi enabled campuses in Bhubaneswar was allotted prime
land of 89.170 acres by IDCO. The details are as follows.
|
Sl. No |
Allotment/Regularisation of
IDCO land by KIIT |
Allotment of land |
|
1 |
Purchase of land mortgaged to Odisha State Finance
Corporation ( OSFC) |
13.483 |
|
2 |
Board for Industrial and
Financial Reconstruction (BIFR) |
16.200 |
|
3 |
On Mutual Transfer from
other allotees |
14.515 |
|
4 |
Auction conducted by IDCO |
7.492 |
|
5 |
Encroachment of land
regularised by IDCO |
16.397 |
|
6 |
Allotment made directly by
IDCO |
7.083 |
|
7 |
In Principle allotment of
land encroached by others |
14.000 |
|
|
Total |
89.170 |
CAG Audit scrutiny has
revealed that although direct allotment of land to KIIT by
IDCO was meagre ( 7. 083 acres), there were instances of undue benefit extended
to KIIT in acquiring the remaining land
( 82.087 acres) violating procedures of
land allotment which resulted in
a loss of Rs. 252.54 acres.
Besides that KIIT has again occupied unauthorisedly 18.864 acres of land , the
benchmark valuation of land is Rs. 94.32 crores. Astonishingly, IDCO though
aware about this unauthorised occupation
has not taken a single step for
eviction. The attitude of IDCO subsequently encouraged other encroachers to
encroach upon the valuable land first and then get them regularised. To this
extent, IDCO was merely acting as a
regularising agent of irregular encroachments though under the IDCO Act, no
such authority or power was vested with IDCO. It is also found that all the
proposals of KIIT were simply accepted by IDCO violating all norms and
procedures of allotment.
Pradip Pradhan, M-9937843482, Date- 29.8.14
28.
Chief Minister never attends hearing of the grievances
in CM Grievance Cell, exposed through RTI
On dated 9.7.14, RTI
Application was submitted to the Dept. of General Administration, Govt. of
Odisha seeking information about functioning of Chief Minister Grievance Cell
from 2009 to 2014. RTI Application was forwarded to the PIO, office of
Parliamentary Affairs to provide the information. The details of the
information sought for was ( a) procedure
followed to comply or
obtaining compliance by different authorities whom the grievances was forwarded, (b) number of grievances received
and disposed by Chief Minister Grievance , (c) number of days devoted for hearing or receiving the grievances by Chief Minister Grievance Cell (
Year-wise), (d) number of days in which the Chief Minister, Odisha personally heard the grievances of the
people, (e) name of authorized
officers who were hearing the grievances of the people in the absence of Chief Minister on the day
of hearing.
The information supplied by the PIO on 4.9.14 is as follows.
A. The grievance petitions of the people
received in the Chief Minister’s Grievance Cell are forwarded to the concerned
departments/ officers for taking appropriate action as per rule.
B. The concerned departments/ officers
furnish action taken report on the grievance petitions to the Chief Minister’s
Grievance Cell and to the petitioners as well. Pending grievance petitions are
being monitored for disposal.
C. During 2009 to 2014, the Chief Minister
Grievance Cell has received total number of 47,750 petitions and disposed 39,651 cases. The year-wise details are as follows
|
Year |
Number of Grievance
petitions received |
Number of grievance
petitions disposed |
|
2009 ( from May, 2009) |
2553 |
2553 |
|
2010 |
7266 |
6362 |
|
2011 |
7126 |
5795 |
|
2012 |
6530 |
5702 |
|
2013 |
14883 |
10753 |
|
2014 ( upto March, 2014) |
9392 |
8486 |
D. Prior
to 3.12.12 grievance hearing was held on all working Saturdays and from this
date hearing was held on working Mondays. The grievance petitions were also
received by post and through e-Abhijoga
E. Chief
Minister never attends the hearing. Senior officers of the Chief Minister are
hearing the grievances during the period
from May 2009 to March 2014. These officers are
·
Shri Krushna Chandra Mohapatra, IAS
·
Shri G.Mathi Vathanam, IAS
·
Shri Dillip Kumar Mohanty, IAS
·
ShriDebendra Prasad Dhal, OAS
·
Dr. Gopabandhu Dash, OAS
·
Smt. Ritarani Mohapatra, OAS
Pradip Pradhan, M-9937843482, Date-9.9.14
29. Debt
Position of Govt. of Odisha ( From
1999-2000 to 2014-15)
RTI Application was submitted
to the Dept. of Finance, Govt. of Odisha seeking information about status of
debt position of State Government from 1999 to 2015. O 19.9.14, the PIO has provided the
information. Total outstanding debt of the State Govt. is 50983.87 crores. The
details of loan received from different
Institutions by 2015 is as follows.
(
In crores )
|
A. |
Govt. of India |
8829.41 |
|
B. |
NSSF |
7899.10 |
|
C. |
Open Market |
11617.29 |
|
D. |
LIC, India |
1.0120 |
|
E. |
GIC |
13.4796 |
|
F. |
NABARD |
5837.1603 |
|
G. |
NCDC |
7.8820 |
|
H. |
GPF |
16662.75 |
|
I. |
NTPC Power |
110.29 |
|
j. |
REC |
5.0774 |
|
K. |
Others |
0.4199 |
|
|
Grand Total |
50983.87 |
Outstanding Debt of the
State Govt. from 1999 onwards ( in crores )
|
Year |
Source |
Outstanding as on |
Receipt |
Repayment |
Net |
Interest payment |
|
1999-2000 |
Mentioned above |
14751.15 |
4363.83 |
1014.19 |
3349.64 |
|
|
2000-01 |
DO |
18100.78 |
4473.70 |
1572.60 |
2901.10 |
|
|
2001-02 |
DO |
21001.88 |
5033.37 |
2001.66 |
3031.71 |
2834.95 |
|
2002-03 |
DO |
24033.60 |
6777.44 |
3009.85 |
3767.59 |
2885.58 |
|
2003-04 |
DO |
27801.18 |
7550.34 |
3717.57 |
3832.77 |
2860.28 |
|
2004-05 |
DO |
31633.95 |
6045.90 |
3628.67 |
2417.22 |
3332.02 |
|
2005-06 |
DO |
34051.18 |
4834.02 |
2428.75 |
2405.27 |
3697.09 |
|
2006-07 |
DO |
36456.45 |
4119.71 |
3326.65 |
793.07 |
3188.43 |
|
2007-08 |
DO |
37249.51 |
2606.79 |
3544.70 |
-937.90 |
3169.48 |
|
2008-09 |
DO |
36311.61 |
3279.25 |
3160.32 |
118.93 |
2889.81 |
|
2009-10 |
DO |
36430.54 |
4220.66 |
2921.16 |
1299.50 |
3044.17 |
|
2010-11 |
DO |
37730.04 |
5071.76 |
3664.89 |
1406.87 |
3061.46 |
|
2011-12 |
DO |
39136.91 |
3845.76 |
4393.28 |
-547.52 |
2576.43 |
|
2012-13 |
DO |
38589.37 |
4880.25 |
5489.49 |
-609.24 |
2807.23 |
|
2013-14 (RE) |
DO |
37980.14 |
9432.45 |
5068.94 |
4363.51 |
5007.86 |
|
2014-15 (BE) |
DO |
42343.65 |
13945.97 |
5305.74 |
8640.23 |
4729.18 |
|
2015-16 |
Do |
50983.87 |
|
|
|
|
Remarks
A. Total
outstanding debt on the people of Odisha
is Rs. 50983.87 crores.
B. Total
debt received during Nabin Patnaik regime from 2000-01 to 2014-15 is
Rs.36232.72 crores
C. Total
amount of Interest paid by State Govt
during 2000-01 to 2014-15 is Rs. 46083.97 crores
D. Per
head debt in the state is Rs. 12,000.
Pradip Pradhan, M-9937843482,
Date- 23.9.14
30. First ever successful use of RTI led to
arrest of a corrupt IAS officer in Odisha
RTI Act mandates not only to
enforce transparency and accountability in the administration but also to
contain corruption in the administrative system of the country (Preamble of the Right to Information Act). Since 2005, the Act has been used
as powerful tool by RTI Activists across the country to fight out corruption
and irregularities in the functioning of administration. Successful use of RTI
to check corruption and to put the corrupt officer behind the bar that too an
IAS officer proved once again the mighty of the RTI Act. On 7.11.14, Debaraj
Mishra, IAS former Collector, Bolangir working as addl. Secretary in Home
Department, Govt. of Odisha was arrested on charges of corruption and
irregularities in the examination conducted in 2012 for the post of Amin,
Revenue Inspector ad A.R.I.in Bolagir which was exposed through RTI by few
applicants who could not get the job due to this malpractice. It was alleged
that Sri Mishra was the mastermind behind the whole corruption and Rs. 5 to 6
crores has been amassed by him and his coterie.
Sequence of the events led to arrest of Debaraj Mishra
A. In
2009, an advertisement was made by the district administration for appointment
to the 54 post of Revenue Inspector/Assistant Revenue Inspector and Amin.
Around 1400 applicants had applied for these posts. Accordingly written
examination was held in June 2011 and candidates selected and got appointed in
2012. But it was alleged that answer-sheet was manipulated and ineligible
candidates were selected by taking bribe of Rs. 4 to 6 lakhs for each
candidate.
B. The
manipulation of answer sheet and corruption in selection procedure was exposed through RTI by the
Information-seekers in 2013.
C. In 2013, there was
allegation of huge scam worth 6 crores of rupees in recruitment in the post of
Revenue Inspector/ Assistant Revenue Inspector in Bolangir by various quarters like Bolangir Citizens’
Committee, Bolangir press, Common people of Bolangir , applicants for these posts etc.
They had submitted series of petitions to Sri Surya Narayan Patra,
Minister, Revenue and Disaster Management, Dr. Taradatt, Additional Chief
Secretary to Govt. seeking an enquiry into the matter and demanded action in
this regard.
D. The issue took momentum
when Odisha Soochana Adhikar Abhijan had
organised a press meet on 14.3.14 in Bhubaneswar bringing to the limelight
about all the information relating to
this scam obtained through RTI.
Mass Media mainly electronics media took up the issue and highlighted the
details of corruption exposed through RTI.
E. To pursue this issue, RTI Application was submitted by Pradip
Pradhan on 24.3.14 to the PIO, Dept. of revenue and Disaster Management, Govt.
of Odisha and to the PIO, office of RDC, Sambalpur on 16.3.14 seeking information
about copy of petitions filed and action taken, if any in respect of
allegations made by the people of Bolangir.
On 25.4.14, the PIO has supplied the information that though several
directions have been given to Revenue
Divisional Commissioner, Sambalpur since August, 2013, he has not
made an enquiry into it rather
continues to ignore it. The details of information supplied by the
PIO, Dept. of R&DM are as follows.
·
On 2.8.13, during visit to Bolangir, Sri Surya
Narayan Patra, Minister for Revenue and Disaster management received the
complaint of huge corruption from press and Bolangir Citizens Committee in
the appointment of R.I./A.R.I. by the
district administration with involvement of one clerck Sri Niranjan Tripathy.
After returning from Bolangir, Sri Patra directed to Dr. Taradatt to enquire
into the matter by RDC, Sambalpur and submit the report within 30 days.
·
On 6.8.13 ( letter No. 29990/R&DM) , Dr.
Taradatt, Additional Chief Secretary issued direction to RDC, Sambalpur to enquire into the matter and furnish the report along with suggestions
for further action.
·
On 21.9.13, Dr. Taradatt ordered to RDC,
Sambalpur for an enquiry into this corruption and take appropriate action.
·
On 7.10.13,
Dr. Taradatt ( letter no. 38553)
gave order to RDC, Sambalpur for
enquiry into it followinga petition submitted by Sri Sudhir
Kumar Sandh and others on 30.9.13.
·
On 20.4.14, Dr. Taradatt ordered to RDC, Sambalpur for fifth time to enquiry
into allegation of corruption in the recruitment of R.I. in Bolangir. It is
presumed that this direction came after press meet organised in Bhubaneswar by
OSAA to expose the corruption with fact and figures obtained through RTI.
F. However, after media expose, RDC, Sambalpur submitted his inquiry
report to the State Govt. in the month of April or May, 2014. But nothing
happened on his report.
G. RTI Application was again submitted to the PIO, office of Revenue
and Disaster management on 26.7.14 seeking action taken report on the RDC
inquiry report and copy of the report. The PIO refused to provide the
information as the investigation was going on.
H. A TV Channel continues broadcasting the news and follow-up news by
taking copy of the RTI reply and highlighted how the Govt. conspires to cover
up the corruption ad protect Debaraj Mishra.
I. After news expose, the
Govt. handed over this case to State Vigilance ad Crime branch to enquire into
the matter.
J. Finally after long fight and persuasion, Sri Debaraj Mishra and
other officials were arrested by State Vigilance on 7.11.14. The investigation
is still going on.
But the moot question is how
the deprived applicants will get justice. Whether the exam will be
cancelled and re-exam held or the exam
paper scrutinised again and the eligible
candidate will get the post. Another bigger fight is ahead before RTI activist
in future.
Pradip Pradhan, M-9937843482,
Date- 9.11.14
31. Allotment of
Huge Land to KIIT in Bhubaneswar, capital city of Odisha
On 4.1.13, I had
submitted RTI Application to the PIO, office of IDCO, Bhubaneswar seeking
the following information.
a. Details
of land allotted to different companies/ business houses in puri, cuttack,
Khurda, Jagatsingh Pur.
b. Has
IDCO done any mapping about use of land for the purpose for which it was
allotted to different Institutions/Companies. If yes, please provide details of
it.
c. Has
IDCO written any letter to any Companies/ Institutions for returning the land.
If yes, please provide name of these
Companies/ Institutions and
reason of writing for returning the land.
The PIO, Office of IDCO
supplied only information about land allotted in Bhubaneswar under BCD-11
Division. This information was
disseminated on 11.3.13. I do against
reproduce same for the public interest. However this piece of
information is still incomplete.
|
Name of the allottee |
Year of allocation |
Plot No. |
Area allotted (in Acres) |
Purpose |
Amount deposited against the
allocation (in Rs) |
|
Kalinga Institute of
Industrial Technology |
13.6.2003 |
15 |
10.130 |
Degree Engineering College |
7,92,451.00 |
|
KIIT |
11.6.2003 |
18 |
1.000 |
Engineering College/Hostel |
52,500.00 |
|
KIIT |
4.2.2003 |
14/A |
5.000 |
Professional Institute |
3,12,500.00 |
|
KIIT |
4.2.2003 |
14/B |
1.000 |
Professional Institute |
95,000.00 |
|
Do |
11.6.2003 |
26 |
0.501 |
Engineering College |
33,750.00 |
|
Do |
24.7.2003 |
41 |
0.500 |
Degree Engineering College |
1,86,879.00 |
|
Do |
24.7.2003 |
22 |
0.501 |
Degree Engineering College |
1,81,875.00 |
|
Do |
11.6.2003 |
42 |
0.200 |
Tribal School |
30,053.00 |
|
Do |
11.6.2003 |
42/1 |
0.150 |
Tribal School |
2,34,401.00 |
|
Do |
24.7.2003 |
19 |
0.507 |
Engineering college |
3,60,999.00 |
|
Do |
11.6.2003 |
19/A |
0.501 |
Engineering College/ Hostel |
3,75,750.00 |
|
Do |
14.6.2004 |
44 |
4.278 |
Professional Management
Institute |
94,11,600.00 |
|
Do |
29.4.2005 |
65 &20B |
5.913 |
Technical/Management/Biotech
Institution |
1,60,21,800.00 |
|
Do |
28.10.2006 |
40/1 |
0.200 |
Parking of vehicle |
5,00,000.00 |
|
Do |
23.4.2008 |
87 |
10.200 |
Professional Institute |
30,60,000.00 |
|
Do |
8.7.2009 |
44/C,D&44/E |
3.214 |
Professional/Management
Institute |
70,70,800.00 |
|
Do |
17.7.2009 |
Excess land |
1.905 |
Professional/Management
Institute |
90,86,788.00 |
|
Do |
20.8.2010 |
23/B, 23/D, 22/A/2, 45,41/E,
92, 68/A, 68/B, 91/A, &91/R |
4.683 |
Professional/Management Institute |
3,40,10,288. 00 |
|
Do |
13.12.2010 |
28 |
4.828 |
Institutional purpose
including +2 Science college |
2,60,41,540.00 |
|
Do |
8.11.2010 |
63 |
0.150 |
Institutional purpose |
5,25,000.00 |
|
Do |
6.10.2010 |
12/c |
0.989 |
Professional Educational
Institution |
33,41,500.00 |
|
Do |
8.10.2010 |
31 |
1.550 |
Institutional purpose |
54,25,000.00 |
|
Do |
15.2.2011 |
51 |
3.504 |
Do |
12264000.00 |
|
Do |
23.12.10 |
20/A |
2.000 |
Do |
1,12,00,000.00 |
|
Do |
16.12.11 |
A/8 &9 |
0.987 |
Social
Infrastructure/Educational institution purpose |
71,80,425.00 |
|
KIIT (for KIMS) |
8.3.04 |
25 |
6.883 |
700 bed hospital |
1,25,34,155.00 |
|
KIIT (for KIMS) |
29.4.05 |
24 &12/A |
3.896 |
700 Bed Hospital |
1,05,56,650.00 |
|
|
|
Total |
74.169 |
|
15,86,21,704.00 |
Pradip Pradhan,
M-99378-43482, Date- 20.11.14
32. Citizens’
Monitoring through RTI on Functioning of OSCPCR in Odisha ( Part-1)
RTI Act has empowered the
citizens not only to seek information from the offices of Public Authorities
but also inspect and monitor each part of instrumentalities of administration
of the country. Odisha State Commission for Protection of Child Rights (OSCPCR)
is a body or authority constituted out of public money with mandate to protect
the rights of the Childs, to hear the cases relating to violation of child
rights and dispenses justice to the victims. Having been armed with RTI
Act, I have started monitoring and
evaluating its activities, performance
of Chairman and members of the Commission, utilisation of public money and
whether their activity fulfils mandate of the Commissions for Protection of
Child Rights Act, 2005.
To begin with this objective,
I made a quick glance the content of website ( www.oscpcr.nic.in) launched recently by OSCPR in its foundation
Day on 1.11.14 after a lot of public
criticism against this organisation for
failure to ensure minimum transparency about its functioning. I present
herewith my observation along with suggestion to quickly act on it.
1. Disposal
of Cases
While browsing on “Case details”, it was found that the omission has received total number of 432 complaint by 31.10.14. It is mentioned that
in the short time frame, the Commission has disposed 206 cases. This sentence is
wrong and design not to cover up the inefficiency of the commission. The omission was constituted in October 2010
with appointment of Smt. Saraswati
Hembram as Chairman.
Dr. Smruti Mohapatra and Sri Rajedra Meher joined in Commission in
Sept.2012. These three-member Commission
sat idle without hearing a single
a case upto Jan.2013. After public protest and outrage, they
started hearing of the cases from Feb 2013.
Smt. Saraswati Hembram got retired on 31.10.13. From Feb.2013 to Oct.2014, within a long span
of 21 months, the Commission has disposed just
minuscule of 206 cases. It means
the three-member or two-member
Commission has disposed
only ten cases in a moth lowest to
disposal rate of any Commission (
i.e., Information Commission, Human Rights Commission, State commission for Women ) in the country. This is great inefficiency of the members
of Commission ever the history of Odisha has witnessed.
Forget and needless to discuss about quality of disposal of the cases and
compliance of the authority to the order of the commission. This is
another grey area.
2.
Decisions not uploaded
The Commission is yet to
upload their decisions or
orders or recommendations in the
website which is the most vital subject
that everyone is interested to know about it. Every order of the Commission is
most important for activists working on child rights issues for reference or
monitors the cases by him or any third party.
I hope the omission will upload all their decisions or orders in the
website very soon.
3.
RTI not
complied
While browsing on RTI, it was
found only the name of PIO, APIO and First Appellate Authority disclosed under
RTI Act. But this folder should contain
suo moto disclosure of information proactively disclosed by authority under
section 4 ( 1b) of the RTI Act. After
my year-long intervention, the Information Commission has given direction to
OSCPCR to put in public domain the suo
moto disclosed information. This copy
was provided to me under RTI Act. But
astonishingly, the commission has kept this information in secret which is the
biggest violation of RTI Act. What the common people will learn, if a
law-abiding authority continues violating the land of the lad itself. The
Commission should visit the website of other authorities and the commission
like Information Commission and learn how the information has bee disclosed
proactively. If the Commission fails to upload proactively disclosed
information quickly, RTI will be used
again to enforce it and complain will be
filed to Information commission against
them. In order to avoid any adverse situation, It is advisable on the
part of the commission to disclose the same at the earliest.
4.
Annual Report
at Glance
As per Rule 20 of
OSCPCR Rules,2009, the Commission
shall prepare and publish an annual report before the 31st December every year
for submission to State Govt. But it is
matter of regret that the Commission
has produced a single annual report -2012-13
within 4 years of its working. In the
point 20(3) of the said Rules, it has
been mentioned that “ the annual report shall include information on administrative and financial matters,
complaints investigated/inquired into, action taken on cases, details of
research, reviews, details of specific recommendations etc. But while analysis
the Report obtained through RTI, it was found that the said one is devoid of some information which needs its
specification. For example, the details of recommendation made by OSCPCR along
with case number, name of complaints,
case history etc. needs to be highlighted
in the report. The Commission should follow the Annual Report of other
Commissions for their knowledge and reference.
Astonishingly, this Report is in English.
Many Commissions like Odisha
Information Commission has started publishing bi-lingual Annual Report. OSPCR
should follow the ideal path of other Commissions and publish Annual Report in
Odia ad English.
Pradip Pradhan, M-9937843482, Date -13.12.14
33. Citizens’
Monitoring through RTI on Mal-Functioning of OSCPCR in Odisha( Part-2)
Introduction
RTI Act has empowered the
citizens not only to seek information from the offices of Public Authorities
but also inspect and monitor each part of instrumentalities of administration
of the country. Odisha State Commission for Protection of Child Rights (OSCPCR)
is a body or authority constituted out of public money with mandate to protect
the rights of the Childs, to hear the cases relating to violation of child
rights and dispenses justice to the victims. Having been armed with RTI Act, I have started monitoring and
evaluating its activities, performance
of Chairman and members of the Commission, utilisation of public money and
whether their activity fulfils mandate of the Commissions for Protection of
Child Rights Act, 2005.
In the month of June, 2014, I
had filed a complaint to NCPCR (National Commission for Protection of Child
Rights ) about mismanagement of Mid-Day-Meal in Hatipatukar Panchupali High
School under Baisingha Police station of Mayurbhaj district centring around the illegal appointment of
cook-um-Helper which was transferred to
OSCPCR . Following my Complaint, OSCPCR called for an
inquiry report from the Collector, Mayurbhanj on 15.7.14.
Finding no response from
OSCPCR about hearing of the case or disposal of the case since 4 months, I
submitted RTI Application dt. 7.10.14 seeking information about Action Taken on
Complaint case filed by me. The PIO
supplied me the information on 10.11.14 which was found very interesting.
A. Though the Commission instructed to the Collector, Mayurbhanj to
enquire into the Complaint, the Collector did not take any step in this regard.
Rather the complaint gathered dust in the office of the Collector.
B. Astonishingly, OSCPCR observed silence without any follow
up and never issued reminder to the collector for report which needs to be done
by a quasi-judicial body.
C. When
RTI Application was submitted, the OSCPCR got serious and started searching the
report and enquired the report from Collector, Mayurbhanj.
D. From
the information, it was found that the enquiry was conducted by Block Education
Officer, Baripada on 10.10.14 after around 4 months.
E. The
Inquiry Report was submitted to OSCPCR by the Collector, Mayurbhanj with vide
letter No. 1670//PGC dt. 18.10.14.
F. The
Commission sent the report to me on
10.11.14.
The story does not end here
On
after receipt of the inquiry report,
on 14.11.14, I again submitted RTI Application to the PIO, office of
OSCPCR seeking the copy of the order of the Commission on the Inquiry report
submitted by the Collector, Mayubhanj.
The PIO dated 10.12.14 has sent
a letter mentioned that OSCPCR has neither heard the case nor passed the
order. The enquiry report submitted by
the Collector has traced a lot of illegalities in appointment of
cook-cum-Helper which requires intervention of the Commission.
But interestingly, without
disposing the cases which is the primary work of
the Commission, OSCPCR is found engaging itself in festivities by organising
its Annual Day with much fanfare with wastage of public money.
It needs to be mentioned here
that another three complaints
which was filed to the Commission were sent to the concerned
Collectors for enquiry report. Though 7 months have passed, these
Collectors have not cared to produce the
report. The details is as follows.
|
Date
of letter along with Complaints
sent by OSCPCR |
Content of complaint |
Name of the Collector |
Status |
|
28.5.14 |
Deprivation of woman from ICDS programme and Mamata Yojana |
Collector, Ganjam |
The case is yet to be
disposed by OSCPCR |
|
23.7.14 |
Denial of ICDS service to the Children of Jamunaguda village under Jashipur Block of Mayurbhanj district |
Collector, Mayurbhanj |
No report submitted by the
Collector, MBJ and the case yet to be disposed by OSCPCR |
|
28.5.14 |
Closure of Anganwadi
Centre in Luhernpali village under Deogan Block of Bolangir district. |
Collector, Bolangir |
Case is yet to be
disposed by OSCPR. |
Remarks
·
The Commission has given Case Registration No. in all these
abovementioned cases which is the
primary work of any judicial proceedings.
·
The judicial proceedings of OSCPCR has
reduced as farce.
·
OSCPCR has completely failed to dispense justice to the victims.
Pradip Pradhan, M-9937843482,
Date- 14.12.14
34.
Constitution of Inquiry Commission on Regional
Imbalance by State Govt. is proved as farce and eye-wash exercise and wastage
of public money, exposed through RTI
When an issue is cropped up or public
protest assumed alarming proportion, the State Govt. finds the easiest way to
cool down or calm down the public or political parties by constituting an
Inquiry Commission or Judicial Inquiry Commission to enquire into the
matter.
By the time and days go on,
the State Govt. continues extending time
period of the Commission with ulterior
motive to divert the attention of the people from the issue. Even though the
Commission finally produces their report to State Govt., it is kept in cold
storage for unknown period or in the name of scrutiny of the report by a
Committee or Sub-committee.
On 12.11.14, an RTI
Application was submitted to the PIO, Dept. of Planning and Coordination, Govt.
of Odisha seeking information about details of Constitution of Inquiry
Commission on Regional Imbalance by
State Govt. the information provided by
the PIO on 25.11.14 is as follows.
1. The
Commission of Inquiry on Regional
Imbalance was constituted with Gazette Notification on 20.2.2004.
2. The
purpose of the constitution of the Commission was (a) to conduct free and fair
investigation into existing regional imbalances in the development of the state and its trend
in terms of different socio-economic parameters like Agriculture, Infrastructure Development,
Poverty, health care, Literacy/Education, Backwardness, IMR, Employment etc.
Eradication of poverty or structural approach to poverty alleviation through group approach, (b) to suggest the
remedial measures required to be taken to address the existing regional
disparities in the development of the
state and to halt this trend in the development process.
3. Though
the time period of the Commission was fixed for 6 months, but it was extended
up to 6.8.2008 ( around 4 years)
i.e., the date of submission of the
report.
4. The
Total expenditure made for the Commission was Rs. 51,95,000.00
5. The
members of the Commission are as
follows.
·
Justice S.K.Mohanty, Chiarman
·
Prof. Prasanna Mohanty- Member
·
Prof. P.C. Mohapatra- Member
·
Sri Deepak Kumar Sarangi-Member
·
Prof. Benudhar Mishra- Member
·
Prof. Bishnu
Ch. Choudhury- Member
·
Director, Economic & Statistics-Member
·
Dr. Shibabal Meher-Expert
6. Though
I have sought the copy of the report, it was denied on the ground that the report is under scrutiny by a Sub-Committee constituted by the Government since last 6 years. .
Comments
A. The
Commission took more than four years to produce the report. But a sub-committee
constituted to scrutiny the report has already taken 6 years to scrutinise the report and still
continuing. This is the administration of Nabin Patnaik Govt. in Odisha.
B. Public
money of Rs.52 lakh has gone waste by
the mal-functioning of the administration.
C. It
is call of the time that this report
should be presented in public domain at
the earliest. Because, this report may be eye-opener for the people to understand the reason of regional imbalance in the state
and show the light to halt this trend ad bring prosperity i these area
deprived of basic infrastructure,
health, education etc.
Pradip Pradhan, Date-
14.12.14
35.
Total No. of 445 Govt. quarters illegally occupied by
Govt. employees in Bhubaneswar with
revenue loss of Rs. 7 rores
All of you might be aware that
Odisha High Court hearing a PIL case {W.P.
(C)(PIL) No. 10537 of 2013} filed on 2.5.13
by me has given direction to State Govt. on
11.12.13 seeking report about steps
taken to vacate the quarters illegally occupied
by retired Govt. officials including IAS officers, former MLAs, former
Ministers, MPs in Bhubaneswar within four weeks. Sri Khirod Rout, senior
advocate is pleading the case on behalf of me.
I have filed the case seeking direction for eviction of the unauthorized
occupants from govt. buildings and premises as soon as possible and take
appropriate legal action against them and the negligent authorities, to recover
the arrear outstanding house rent with 18% interest per annum along with the reduced amount, to form a committee to examine the pay
scale of employees and revise the house rent
accordingly.
Though one year has passed,
the State Govt. has not produced any
report to the Honourable Court. Interestingly,
to know about any development or any
steps taken by the State Govt. to
evict the retired employees or employees,
Ministers, ex-Ministers, MLAs, ex-MLAs from the Govt. quarters illegally occupied by them, I had
filed RTI Application to the PIO, Dept. of General Administration on 26.11.14.
The information sought for is as follows.
i. Provide information about
details of name of Ministers, MLAs,
ex-Ministers, Ex-MLAs, Govt. officers and employees, Ex-Govt. employees ad
Officers in Bhubaneswar and details of
peal rent or any rent pending against them.
ii. Provide name of the
Ministers, MLAs and officers occupying double quarters in Bhubaneswar
iii. Provide name of the
employees, ex-MLAs, ex-Ministers, Ex-MPs
who have already returned the quarter
and amount deposited against the rent.
On 8.1.15, the PIO has
supplied the information which is as follows.
1. Total
number of 445 Govt. quarters have been
illegally occupied by Ministers, MLAs, ex-Ministers, Ex-MLAs, Govt. officers
and employees, Ex-Govt. employees ad Officers in Bhubaneswar. List has been
provided by the PIO.
2. Total
revenue loss to the State Exchequer is Rs. 6, 79, 11,245.00 (Six crores Seventy
Nine lakh Eleven thousand Two hundred Fourty Five only).
3. The Ministers, MLAs and officers
occupying double Govt. quarters are as follows
|
Sl.No |
Name, Designation and
Department of Occupants who is
occupying Govt. quarters |
Details of quarters |
||
|
|
|
No. |
Type |
Unit |
|
1 |
Sri Arun Kumar Sahoo,
Minister |
5/1 |
MLAD/S |
IV |
|
15 |
5R |
IV |
||
|
2 |
Sri Jogendra Behera,
Minister |
2/1 |
MLAD/S |
IV |
|
2 |
VIIISGO |
VI |
||
|
3 |
Sri Bikram Keshari Arukh,
Minister |
1/2 |
MLAD/S |
IV |
|
4 |
VIIIMR |
VI |
||
|
4 |
Dr. Pradeep Kumar Panigrahi,
Minister |
4/3 |
MLAD/S |
IV |
|
13 |
VIR |
VI |
||
|
5 |
Sri Sananda Marandi, Deputy
Speaker |
2/2 |
VIID/S |
III |
|
4/4 |
MLAD/S |
IV |
||
|
6 |
Sri Narasingha Mishra,
Leader of Opposition |
13/2 |
MLA-F |
IV |
|
2 |
VIII |
I |
||
|
7 |
Dr. Nrusigha h. Sahu, MLA |
15/2 |
MLAD/S |
IV |
|
1.2 |
VIID/S |
II |
||
|
8 |
Dr. Prafulla Majhi, MLA |
11/2 |
MLA-F |
IV |
|
16 |
VIR |
VI |
||
|
9 |
Sri Debasish Samantaray, MLA |
3/1 |
MLAD/S |
IV |
|
6 |
VII |
I |
||
|
10 |
Sri Maheswar Mohanty, MLA |
4/1 |
MLAD/S |
IV |
|
4/2 |
MLAD/S |
IV |
||
|
11 |
Sri Subrat Tarai, MLA |
17/4 |
MLAD/S |
IV |
|
9/2 |
VIC |
1 |
||
|
12 |
Sri Bhujabala Majhi, MLA |
10/2 |
MLAF |
IV |
|
7 |
VIIC |
I |
||
|
13 |
Sri Damodar Behera, Photo
Animation Graphic Assistant, SIET, BBSR |
25 |
E |
NA |
|
12/3 |
E6 |
SSA |
||
|
14 |
Sri Hrushikesh Mohapatra ,
Ferro Printer, O/O chief Architect |
3/6 |
2RF |
IX |
|
14/1 |
F |
IX |
||
|
15 |
Sri Srikant Routray, ASO,
OLA |
16 |
2 RB Rd.-6 |
IX |
|
11/4 |
F |
C.R.P. |
||
|
16 |
Sri Kailash Ch. Patra, Peon,
Home Dept. |
26/10 |
F |
CSP |
|
80 |
F |
VIII |
||
|
17 |
Sri Prakash Ch. Tripathy,
Asst. Commandant, SOG |
2/4 |
3R(F) |
KA |
|
4/1 |
3R(F) |
KA |
||
|
18 |
Sri Trinath Nayak, O/0-
Director of Textiles , Odisha |
28/2 |
F |
CSP |
|
3/4 |
F |
Museum area |
||
4. From
1.1. 2014 to 30.11.2014, total number of 64 Govt. quarters have been
vacated by illegal occupants like Ex-MLAs, Ex-MPs, Ex-Ministers and Ex-Govt.
employees with recovery of Rs. 26, 28,
634.00 ( Twenty Six Lakh Twenty Eight
thousands Thirty Four rupees only)
Remarks
I. When the public discourse and public protest is
going on against illegal
occupation of land and allotment of multiple plots illegally to the
influential people, bureaucrats, Ministers, the State Government is trying hard to cover up these irregularities and
protect illegal occupants.
II. Due to
inaction of the Govt. to protect the
public properties, the Ministers, MLAs and Govt. officials including peon have dared to illegally occupy Govt. quarters causing huge revenue loss to State Exchequer.
III. The
pending Bill of 7 crores rupees against illegal occupants is calculated as per Govt. rate. If it is calculated
as per market price ( rent of the quarters ) with interest , It will be more than twenty crores.
Pradip Pradhan, Date-14.1.15
36. A rejoinder to friend Achyut’s
mail on Mr. T.K. Mishra Odisha CIC and RTI activists
As a
keen reader of developments around RTI in Odisha, I feel like responding to my
dear friend Mr. Achyut Das who in one of his recent mails recounted that he
once tried to bring about a mediation between the hostile positions taken by
the RTI activists like Pradip Pradhan and myself on one hand and Mr. T.K.
Mishra then Odisha Chief Information Commissioner on the other. His mail dated
17th Feb 2015 reads as follows- “I wonder if there was an effort to have a public engagement with
the Information Commission and the CIC or some mediation in the
conflict zone. In fact, in One event which I organised, Mr. T.K.Mishra and
activists like Pradip Pradhanand Chitta Behera were
present taking very hostile positions. I had offered mediation and had
requested our friends to sit across and thrash out all contentious issues. I
don't know what happened next but it seems the gulf of distance has
widened”.
As a
matter of fact, I don’t know if any such move was taken by him on his own or
was entrusted to him by any of the warring parties. Because, we at Odisha
Soochana Adhikar Abhijan don’t consider any public servant be he Mr. T.K.Mishra
or anybody else as our personal or professional rival. Our differences of
opinion with them, as and when we voice them in public domain, do absolutely
centre round the content of their decisions or tenor of their conducts in the
capacity of public servants as such, which we in our wisdom hold objectionable
and reprehensible in the eyes of the existing law/laws. Besides, not resting
content with mere ventilation of our protest in public domain, we submit the
same in the form of complaints before the appropriate constitutional and
statutory authorities put in place, such as Governor in the instant case,
following due procedure of law. Thus there is no scope as such for us to seek
the arbitration of our differences with any public servant through the
extra-statutory agency of any individual be he my friend Mr. Achyut Das or
somebody else.
Coming
to the point at issue, which has been only faintly hinted by my friend Achyut
but fairly spelled out by my activist colleague Pradip Pradhan in their
respective mails, a civil society meeting to mark the launching of a European
Union Funded Programme of Agragamee was called by Mr. Achyut Das at
Bhubaneswar, about more than a year back, on 9th January
2014, which was attended by a lot many NGOs and retd. public servants including
Prof. Radhamohan former State Information Commissioner and Mr. Manmohan
Praharaj former DGP Odisha. The theme of the single-session meeting was how to
popularise the RTI Act among the poor and downtrodden masses of people in
Odisha. Being moderated by our friend Mr. Aurobindo Behera, the session was
mainly addressed by Mr. T.K. Mishra then Odisha Chief Information Commissioner
as its key-note speaker. Following Mr. Mishra’s address the floor was declared
open for response from the participants.
Myself
as the first respondent had pointed out that it was owing to a questionable
order of Orissa Information Commission issued long back on 20th June 2006 jointly by then Chief OIC Mr.
D.N.Padhi and then OIC Prof. Radhamohan that the public authorities of Odisha
have been callous in making suo motu disclosures under Section 4 of the Act,
because the said Order had arbitrarily excluded the complaints relating to
non-implementation of Section 4 from the purview of hearing by the Commission.
This order being patently retrogressive and ultra vires the parent Act I argued
in the meeting for its revision by the present incumbents. My next submission
was that the suo motu disclosures made by the Commission being too deficient in
terms of the requirements of Section 4, the Commission being the first and
foremost public authority in the State should make necessary amends in its
website and show the best practice for emulation by the rest of the public
authorities in the spirit of ‘charity begins at home’. Alas! Before I finished
my last sentence Mr. T.K. Mishra went off into a sudden rage, rose up from his
seat on the dais and threatened to leave the meeting if such adverse comments
on the Commission were allowed to be made in his presence. In order to save the
meeting from the catastrophe of an impending pandemonium I quietly sat back and
kept listening to his ex tempore outbursts on misguided activism. After the
first round of participants’ interventions was over I made my next point- the
Commission has been gagging the voice of RTI activists who dared to challenge
any of its orders or decisions, and for instance, a defamation suit claiming a
damage of Rs. 1 lakh was slammed by the Commission against two citizen
activists Pradip and myself since October 2010 which the present Chief OIC Mr.
Mishra carries forward by spending from the state exchequer going against the
letter and spirit of RTI Act.
Mr.
Mishra who had cooled down by then asked me, “Why don’t you come to my office
some day and sit down with me for sorting out the differences?” I happily
agreed to his proposal and said big thanks to him for this cordial gesture.
Since
the issues I raised were of a collective concern, the next day I thought, why I
shouldn’t cogently brief him on the same before I meet him? Accordingly I wrote
a letter addressed to him citing the extracts from impugned Order of the
Commission dated 20.6.2006 and also from relevant provisions made under
Sections 18 and 19(8) of RTI Act 2005 and the OIC (Appeal Procedure) Rules
2006, which were patently contravened by the above Order. The copies of this
letter were marked to Mr. Achyut Das, Mr. Aurobindo Behera and Mr. Manmohan
Praharaj who were a witness to my queries on that occasion. (copy of my letter
dated 10.1.2014 reproduced below). Meanwhile more than a year has elapsed since
the above letter dated 10 Jan. 2014 was mailed to Mr. T.K. Mishra, and I am yet
to receive a reply from him. My meeting with him couldn’t either materialise
till date for that very reason. My friend Achyut too missed to respond to this
letter as yet, but curiously says, “I don't know what happened
next.”
Chitta
Behera, dated 21st Feb. 2015
Advisor
to Odisha Soochana Adhikar Abhijan, Mobile - 9437577546
---------------------------------------------------------------------------------------------------
Copy of the Letter addressed to
Mr. T.K. Mishra , Chief Odisha Information Commissioner dated 10 Jan 2014
From chittabehera1@yahoo.co.in
To odishasoochana@nic.in, achyutdas@agragamee.org achyutdaddresses@gmail.com, barurobindo@rediffmail.com, m1prj@yahoo.com 10 Jan 2014, 11:13 AM
To
Shri
Tarun Kanti Mishra, Chief Odisha Information Commissioner, Bhubaeswar
Esteemed
Sir,
With
regard to my submission made in the Meeting held in the evening of 9th Jan by
Agragamee at Hotel Presidency, Bhubaneswar that a decision of OIC dated
20.6.2006 rejecting the complaints made under Section 18 around the provisions
of Section 4 needs to be reviewed, I am mailing the following extracts from
relevant documents for your kind perusal and necessary action.
With
regards,
Chitta
Behera, dated 10.1.2014
Mobile-
9437577546
----------------------------------------------------------
Extract
from the Decision in the matter of Complaints No. 3,4,5,6 and 7 of 2006 decided
on 20.06.2006 by Mr.D.N.Padhi Chief Odisha Information Commissioner and Prof.
Radha Mohan, Odisha State Information Commissioner-
“the
violation alleged in the complaint petition relates to the provisions of
Section 4 of Right to Information Act, 2005 dealing with the obligation of the
Public Authority about voluntary disclosure of certain information. The above
can only be monitored by State Commission u/s 25(5) of the Right to Information
Act, 2005 . . the above will be taken care of in the administrative wing. As
the complaint petition does not come within the legal purview of Section 18 of
the RTI Act, 2005, the same is rejected”.
-------------------------------------------------------
Extract
from Section 18 of RTI Act 2005
(1)
Powers and functions of Information Commissions:–
Subject
to the provisions of this Act, it shall be the duty of the Central Information
Commission or State Information Commission, as the case may be, to receive and
inquire into a complaint from any person,—
(a)
who has been unable to submit a request to a Central Public Information Officer
or State Public Information Officer . . . .;
(b)
who has been refused access to any information requested under this Act;
(c)
who has not been given a response to a request for information or access to
information within the time limit specified under this Act;
(d)
who has been required to pay an amount of fee which he or she considers
unreasonable;
(e)
who believes that he or she has been given incomplete, misleading or false
information under this Act; and
(f)
in respect of any other matter relating to requesting or obtaining access to
records under this Act.
-------------------------------------------------------
Extract
from RTI Act 2005
“Section
19 (8)
In
its decision, the Central Information Commission or State Information
Commission, as the case may be, has the power to—
(a)
require the public authority to take any such steps as may be necessary to
secure compliance with the provisions of this Act, including—
(i)
by providing access to information, if so requested, in a particular form;
(ii)
by appointing a Central Public Information Officer or State Public Information
Officer, as the case may be;
(iii)
by publishing certain information or categories of information;
(iv) by making necessary changes to its practices in
relation to the maintenance, management and destruction of records;
(v)
by enhancing the provision of training on the right to information for its
officials;
(vi)
by providing it with an annual report in compliance with clause (b) of
sub-section (1) of section 4;
-------------------------------------------------------
Extract
from Orissa Information Commission (Appeal Procedure ) Rules 2006
6.
Procedure for presentation, and other matters relating to complaint-
.
. . . . . . . . . . .
(4)
After the Commission is prima facie satisfied that there are reasonable grounds
to enquire into the matters, it may admit the complaint and direct for
initiation of an enquiry in respect of such complaint: Provided that
the Commission shall not reject the complaint unless a reasonable opportunity
of being heard is given to the complainant.
37. Status of RDC enquiries in Odisha
Whenever and wherever any incidence occurs and
affects the public at large or occurrence of police atrocity o anybody, the
mass media highlights it and the common people come to the streets and demand for enquiry. Keeping in view the
gravity of the situation, the State
Govt. orders different type of enquiries like Judicial Enquiry or RDC enquiry or Crime Branch enquiry into the
incident and assured the people to take
action as per the report. The common people generally believe it
and wait to see the enquiry
report and Action Taken Report of Govt.
But Allah ! Nothing happened. Days go on in the name of enquiry. The
Enquiry Authority keeps continuing the enquiry for years together and the people start forgetting the incident.
Though the enquiry authority submitted the report, no action is taken for years
together by the Govt. and the
victim never gets justice. This is the status of Enquiry of Nabin
Patnaik Govt. Earlier; I have exposed how the Judicial Commission of Inquiry
has become farce in Odisha.
Now it is RDC enquiry which is not
only proved as farce but a deception.
Forget the common people,
the influential people even BJD leader have also been denied justice by Sri Nabin Patnaik, Chief Minister, Odisha.
Out of curiosity to understand the status of
RDC enquiry in Odisha, I had submitted
RTI Application to the PIO, Dept. of Home, Govt. of Odisha on 9.12.13. The PIO supplied me the
information on 28.3.14. The details of
the information are as follows.
|
Sl.No |
Name of cases/ Incidence |
Month and year of order issued |
Date of submission of report |
Information on action taken in brief
|
|
1 |
Incidence of Idol Theft in Biraja Temple of Jajpur district |
2003 |
2003 |
No action taken following the RDC
report |
|
2 |
Incident of boat capsize in river Baitarani, Jajpur |
31.8.2002 |
11.10.2002 |
Information not available |
|
3 |
Murder of Jajati Keshari Sahu
by extremists in Rayagada district
on Nov.2002 |
Nov.2002 |
28.2.2003 |
-DO- |
|
4 |
Incident of boat capsize in Upper Kolab Reservoir , Koraput district
on 7.2.2003 |
Feb.2003 |
30.7.2003 |
A number of follow up action taken.
A Committee was constituted under the
chairmanship of D.C.-cum-Addl. Chief
Secretary to go into various issues
relating to safety and
security of boat passengers. |
|
5 |
Drowning of students of Burla
High School in Mahanadi syphon |
Feb.2003 |
31.5.2003 |
RDC, Sambalpur was requested to monitor the implementation of the
recommendations |
|
6 |
Alleged misbehaviour of Sri Sankar Oram, MLA, Raghunathpalli
Assembly Constituency on 4.4.2003 |
March 2003 |
26.4.2004 |
Information not available |
|
7 |
Alleged police
atrocity at Bandhapalli, Chargo Chhia, Jajpur district |
April 2003 |
30.6.2004 |
Information not readily available |
|
8 |
Death of two students and
injury to 3 others of Saraswati High
School in Kendrapara district o 19.7.2003 |
July 2003 |
24.1.2004 |
Various departments were
requested to implement the recommendation of RDC |
|
9 |
Law and order problem between the villages Kutharsingh
- vs- Manikpur and Tatadapali in Ganjam district on 28.7.2003 |
July 2003 |
30.4.2004 |
Information not available |
|
10 |
Police firing during excise
raid at Ratansahi in Mayurbhanj district on 22.8.2003 |
August 2003 |
29.5.2004 |
Excise Dept. was requested to take
steps to implement recommendation of the Enquiry Officer |
|
11 |
Police firing at Kolabira Jharsuguda
district on 7.12.2003 |
Dec.2003 |
26.4.2004 |
Labour and Employment Dept.,
Commerce and Transport Deptt. And DG & IG of police, Odisha were
requested for necessary follow up action. |
|
12 |
Incident of assault on a youth Congress leader at Bhawanipatna
on 15.3.2003 |
March 2003 |
30.5.2005 |
The State Govt. accepted the opinion of the Enquiring Authority that there was no malafide in the arrest of Gobardhan das, Youth Congress leader |
|
13 |
Alleged misbehaviour to Rajendra
Oram, advocate Rairangpur in Mayurbhanj district on 24.6.2004 |
July 2004 |
1.2.2006 |
D.G.
of police was requested to initiate major disciplinary proceedings against
Sri Suryamani Pradhan, then S.I., Harish Ch. Behera, then A.S.I. of Baripada Sadar Police.
|
|
14 |
Leakage of toxic gas in the water treatment plant
at Sambalpur on 2.9.2005 |
Sept. 2005 |
28.2.2006 |
The Recommendations of Enquiry
officer were circulated to all concerned. |
|
15 |
Police firing at Chakradhar Pur
outpost under Paradeep P.S. in Jagatsingh Pur district on 29.11.2005 |
December 2005 |
1.2.2006 |
Information not available |
|
16 |
Alleged Assault on Smt. Pramila
Giri, MLA, Baisingha, Mayurbhanj on
17.1.2006 |
Jan.2006 |
31.5.2006 |
Information not available |
|
17 |
Police firing at village Bhatra,
Rairkhol in Sambalpur district on 15.2.2006 |
Feb. 2006 |
31.1.2006 |
G.A. Dept. released Rs. 10.00
lakhs from out of Chief Minister
Relief fund to the next of kin of the
deceased. |
|
18 |
Police action during agitational
activities of OSSTA and Block Grant
Secondary School teachers’ Association on 17.11.2007 |
Nov. 2007 |
7.7.2008 |
Information not available |
|
19 |
Alleged Gang-rape of a last year MCA student of Sambalpur University on 24.2.2008 |
Feb. 2008 |
13.6.2008 |
Higher Education Dept. and D.G.
police were requested for appropriate
action |
|
20 |
Liquor tragedy at Bolangir on
11.2.2009 |
Feb.2009 |
2.4.2009 |
Information not available |
|
21 |
Incidents at Kodala in Ganjam district to police firing In July 2011 |
July 2011 |
30.1.2012 |
No action taken |
|
22 |
Incident during Hadaka festival at Chandaneswar in Balasore district on
12.4.2012 |
April 2012 |
13.8.2012 |
No action taken |
|
23 |
Incident of attack on Husein Rabi
Gandhi, BJD leader in Jajpur district
on 20.6.12 |
July 2012 |
27.8.12 |
No Action taken |
|
24 |
Incident occurred at Basundhara Garjabahal Coal Mine of MCCL near Kulda in Sundargarh district o 10.8.2013 |
Aug.2013 |
13.1.2014 |
No action taken |
( N.B.- “No information available”
means no Action Taken )
Pradip
Pradhan, M-9937843482, Date- 13.3.15
38. Management of MDM in Odisha
On 20.1.15, RTI Application
was submitted to the PIO, Dept. of
School and Mass Education, Govt. of Odisha seeking information about management of MDM in the
schools. The information provided by the PIO on dated 7.3.15 is as follows.
A. Total
No. of schools covered under MDM for
2014-15 is 62,752
B. Total
number of School Children covered under
MDM are 51,89,057
C. Details
of fund allocated and expenditure made for MDM programme
( In lakhs)
|
Year |
Central share |
State share |
Total amount allocation |
Total expenditure |
|
2012-13 |
46150.55 |
17913.89 |
64064.44 |
70644.75 |
|
2013-14 |
61429.29 |
38574.16 |
100003.45 |
84407.46 |
|
2014-15 |
58450.84 |
21007.15 |
79457.99 |
61963.97 |
Pradip Pradhan, M-9937843482, Date-27.3.15
38. Total Amount of Rs. 6 crores sanctioned to
Sri Nilamadhab Panda, Film Director, Eleeanora Images Pvt. Ltd. for public Awareness Campaign on Electricity
in Odisha
All of you are aware about disturbing
situation in respect of supply of electricity to consumers and huge revenue loss suffered by electricity
companies in Odisha due to theft, non-payment of energy bills etc. This situation has provided an opportunity to
Odisha Electricity Regulatory Commission (OERC) to increase the electricity
tariff on consumers and farmers in the state.
Several Consumer Forums and
Political parties have opposed the decision of OERC terming it as
arbitrary and demanded its withdrawal.
They have accused the Govt. and
the Electricity distribution companies
being responsible for revenue loss due
to mismanagement, corruption and maladministration in
supply and distribution of electricity. RTI Expose has substantiated
this allegation made by the opposition political parties and Odisha Bidyut
Upobhakta Mahasangh.
On 24.2.15, RTI Application was submitted to
the Dept. of Energy, Govt. of Odisha seeking information about details of
expenditure made for awareness programme on electricity in Odisha. The PIO, office of CESU (Central Electricity
Supply Utility of Odisha) has provided the information on 26.3.15 which is as follows.
A. A Committee on Odisha Power Sector Media Campaign constituted by CESU, Govt.-owned
Company in its meeting held on 2.7.2013
took the decision to give Rs. 5.85 crores to Eleeanora Images Pvt. Ltd, a Company of
Nilamadhab Panda having its official address 143A, 1st Floor, SHAHPURJAT, Near
Rainbows Bakery , New Delhi- 110049 for public Awareness Campaign on
Electricity . This programme has been started from 1st August
2013. Sri Nilamabhab Panda has already
taken Rs. 3,88,50,000.00 ( 3.88 crores rupees)
by Jan 2015.
b. The justification given by Govt. to grant such huge amount to Eleeanora Images Pvt. Ltd is that
there is high loss of
electricity in the state due to
the Consumers resorting to drawing
power more than their contract
demand, including in power theft and
non-payment of energy bills. This
proposed campaign is intended to achieve a big shift in the consumer behaviour
towards these issues. This campaign will
also create public opinion against power theft and non-payment making them more
proactive towards the utility.
C.Total amount of Rs. 5.85
crores will be utilised for the following awareness programme.
·
TV- 260 SPOTS each in 5 top popular
vernacular channels of Odisha ( totalling to 1300 TV spots in all)
·
Radio-1280 spots each in 2 top FM stations and All India Radio network in Odisha (
totalling to 2560 Radio Spots in 2 FM Stations in all and 8960 Radio
Spots in AIR in all ).
·
Print-15
insertions each in 3 leading
Odia dailies and 2 national
English dailies ( totalling to 75
insertions across 5 publications
in all )
·
Outdoor-55 hoarding and 5000 wall paintings all over the state
·
PR &
Media coverage –sustained through the
campaign
·
Events- 1000 road shows and 5000 school shows
all over the state.
D.The PIO has not provided me
the document, CD or copy of campaign output materials developed by Eleeanora
Images Pvt. Ltd for public awareness on the ground that it is not available
with the CESU. So the State Govt. is not aware about what type of material
developed by this company for public awareness on electricity. The State
Govt. has been simply releasing money without getting any
document from the company as proof of activity or monitoring the programme whether
the programme has been properly done as per agreement.
Comments
i.
When the state was suffering huge
revenue loss due to various reasons, why the State granted
such huge amount to a
Company for awareness campaign on electricity just before the general election. Is there
any ulterior motive of the Minister or officers of the Dept. of Energy to
sanction such amount?
ii. The awareness campaign was designed
to sensitise the people
about the issues relating theft in electricity, non-payment of the bill by the people and to address the same. In fact this is not the issue for which the
management of electricity is suffering in the state. Mismanagement
in distribution of electricity, huge corruption, huge pending of
electricity bill on the companies, huge
salary paid outside officers engaged by electricity companies huge waiver of electricity bill to companies
to EAS and other companies etc. The State Govt. should make it clear in public about availability
of parameters to monitor or assess the net result obtained out of the
programme.
iii. Public
scrutiny is required about whether
there is any increase in level of
awareness of the people and substantial reduction in electricity theft and
increase in collection of the bill. So far as my knowledge is concerned, there
is not a single per cent increase in revenue
collection and reduction in theft
in the state. The statistical
information about my claim will be
shared very soon.
iv. In
fact, the State Govt. has neither monitored the programme nor made any impact assessment of the programme
except arbitrarily sanctioning money to the company without obtaining any
documentary proof of the programme.
Pradip Pradhan, M-9937843482, Date- 6.4.15
39. Allotment of 21,000 acres of Govt. land
to Industries in Odisha by IDCO from 2000 to 2014, exposed through RTI
As aware you are, thousands of the poor
landless people, tribals, Dalits are coming to street to hold demonstration,
Dharana, rally demanding piece of homestead land for survival and few acres of agricultural land for their
livelihood in the state. Since last
fifty years, the Govt. has not been able to provide land to the landless. Eve the leased plots allotted to the
tribals for their livelihood have been
taken away the vested interest groups,
Ministers, Officers, Companies in connivance
with revenue officials. They are moving from pillar to post to get the land
recovered. Ghagapatna land scam issue is the best example to understand the
helplessness of the tribal people. The
Crime Branch which is enquiring into Ghangapata Land Sam issue could not arrest
the Influential political leaders like Mr. K.V.Sighdeo, MLA and president,
BJP and Sri Kalpataru Das, MP, Rajya
Sabha who
manipulated the law and influenced the
revenue officials to get the land
registered in their names, rather arrest
the poor innocent tribals.
But thousands of acres of Govt. land has been leased out to the Companies and Industries at the cost of the interest of the poor during Nabin Patnaik regime from 2000 to
2014. IDCO, on behalf of the Govt. has
mindlessly acquired the land and distributed it to the Companies
in the state without proper
assessment of the requirement of land
for the Companies. Companies have been leased out the land on their wish and
IDCO has worked just to satisfy the
interest of the Companies at the
cost of the interest of the state.
On 12.9.2014, RTI Application was submitted to
the PIO, office of Odisha Infrastructure Industrial Development Corporation
(IDCO) seeking information about details of Govt. land leased out to private
companies for industry and other
purposes in different districts. The PIO has supplied the following
information.
A.
Total 20,997.238 acres of Govt. land has been
leased out to IDCO to a number of Industries and Companies for various purposes
in different districts of Odisha.
B.
Total acres
of land allotted to Companies in different districts is as follows.
|
Sl.No |
District |
Total acres of Govt. land leased out
to different districts ( In Acres) |
|
1 |
Angul |
2251.560 |
|
2 |
Bhadrak |
875.720 |
|
3 |
Ganjam |
459.411 |
|
4 |
Jagatsingh Pur |
3722.760 |
|
5 |
Keonjhar |
497.698 |
|
6 |
Sambalpur |
2263.090 |
|
7 |
Sundargarh |
3086.570 |
|
8 |
Kalahandi |
453.730 |
|
9 |
Rayagada |
47.560 |
|
10 |
Bolangir |
74.260 |
|
11 |
Dhenkanal |
870.730 |
|
12 |
Jharsuguda |
1308.620 |
|
13 |
Balasore |
4.400 |
|
14 |
Cuttack |
1762.843 |
|
15 |
Jajpur |
4397.546 |
|
16 |
Kedrapara |
2.230 |
|
17 |
Koraput |
90.280 |
|
Total |
20,997.238
|
|
C.
Name of the Major Companies/ Industries acquired huge land in different districts are as follows.
|
Sl.No |
District |
Place |
Name of Company |
Land allotted ( In Acres) |
|
1 |
Angul |
Kerajang |
Jindal Steel & Power Ltd. |
1002.730 |
|
2 |
DO |
Chhendipada |
DO |
194.240 |
|
3 |
DO |
Deranga |
Jindal India and Thermal Power Limited. |
285.460 |
|
4 |
DO |
Chhendipada |
Monnet Power Co. Ltd |
352.180 |
|
5 |
Bhadrak |
Dhamara |
DPCL , Dhamra Port |
875.720 |
|
6 |
Cuttack |
Ghantikhal |
Arati Steel Ltd. |
630.980 |
|
7 |
Ganjam |
Berhampur/ Chhatrapur |
TISCO |
425.316 |
|
8 |
Jagatsingh Pur |
Kujanga |
POSCO-India |
1880.110 |
|
9 |
DO |
DO |
IOCL |
475.050 |
|
10 |
DO |
DO |
IFFCO |
1255.620 |
|
11 |
Jajpur |
Danagadi |
JSL Limited |
713.020 |
|
12 |
DO |
DO |
Tata steel Ltd. |
540.426 |
|
13 |
DO |
Duburi |
NINL |
2052.880 |
|
14 |
Sambalpur |
Lapanga/ Rengali |
Bhusan Power and Steels Limited |
888.460 |
|
15 |
DO |
Lapanga |
DO |
52.240 |
|
16 |
DO |
Rengali |
Aditya Aluminium Ltd. ( HINDALCO) |
791.370 |
|
17 |
DO |
Sambalpur |
Rathi steel and Power Ltd. |
160.540 |
|
18 |
Jharsuguda |
Bhurkhamunda |
Vedanta Aluminium Ltd. |
526.000 |
|
19 |
DO |
Banjari |
Sterlite Energy Ltd. |
223.840 |
|
20 |
DO |
Hirma |
SMC Power Generation Ltd. |
189.930 |
|
21 |
Kalahandi |
Lanjigarh |
Vedanta Aluminium Ltd. |
453.730 |
|
22 |
Keonjhar |
Nayagada/ Barbil |
TISCO |
120.000 |
|
23 |
Sundargarh |
Himgiri |
Bhusan Power and Steel |
212.570 |
|
24 |
DO |
DO |
DO |
544.300 |
|
25 |
DO |
DO |
DO |
11.490 |
|
26 |
DO |
Bonai |
Shyam Steel |
142.200 |
|
27 |
DO |
Hemgiri |
Odisha Power Generation Corporation |
587.320 |
|
28 |
DO |
Biramitrapur |
Shree Ganesh Mettalicks |
20.970 |
|
29 |
DO |
Manoharpur |
Odisha Power Generation Corporation |
19.380 |
|
30 |
Dhenkanal |
Meramandali |
Bhusan Steel Limited |
329.400 |
|
31 |
DO |
Gundichapada |
Scaw Industries (P), Ltd |
200.890 |
|
32 |
DO |
Hindol |
Rungta Mines Ltd. |
59.990 |
Pradip
Pradhan, M-9937843482, Date- 9.4.15
40.Irregularities in approval of Plan for High Rise
Building by BDA, exposed by Comptroller and Auditor General of India
The Report of CAG on General
and Social Sector for the year ended March 2014 which has been presented to the
State Govt. has exposed huge irregularities committed / facilitated by Bhubaneswar Development Authority in respect of plan approval for High Rise Building. These High Rise
Buildings have been constructed
violating all norms and procedure
posing big threat
to the life and security of the
people of the state in general and
residents of these buildings in
particular. The unholy alliance of the State bureaucracy with the Builders ( not all ),
illegalities and irregularities committed
by them starting from
plan approval to construction of the
building has no doubt endangered the life of the future generation of the
state. I briefly reproduce herewith few
instances of irregularities cited in CAG report for reference of the public.
1.Irregular approval
of Building Plans for high rise
buildings by BDA
Section 15 of Odisha
Development Authorities ( ODA)
Act 1982 prohibits construction of any building or development over any land
in Bhubaneswar city without
obtaining necessary written permission
from BDA , as regulator of Bhubaneswar Development Plan Area (BDPA) ,
formulated ( 2001 and 2008 )
Planning and Building Standards
Regulations ( PBSR) , prescribing norms and standards for construction of buildings in Bhubaneswar city. These permissions are granted by BDA to
ensure compliance with provisions of prevailing PBSR by the developers / land
owners concerned.
As per regulation 58 ( A)
of PBSR 2008, no multi-storey
building shall be allowed
to be constructed with approach road
less than 18 metre ( 59 feet)
width. But BDA
accorded ( April 2009) permission in favour
of a builder for construction
of multi-storey buildings over
plot 51 and 364 of Goutam
Nagar Mouza with built up area
of 6,70,532 square feet ( sft) .
As per approved lay out plan, two plots were adjacent
to 30 feet wide road towards
rear side ( west side) and 150 feet road towards front side
( east side) of the
building. Plan was approved on the basis
of accessible means of 150 feet wide road. But
CAG noticed that
there were multiple irregularities in approval of the building plan
of this builder which is as follows.
a. It was
found from Comprehensive Development
Plan ( CDP) of BDA with reference
to Bhulekh website
of State Government that a Government
( GA) plot 365 ( Category: Nayanjori ) lies
in between the plots ( 51
and 364) of the builder and 80 feet
width road connecting National Highway. This indicates
that the plot of the builder did not adjoin 150 feet wide road
and had no approach road of
required width , as indicated
i the approved plan. But, plan
was approved by showing Govt. plot 365 ( Nayanjori category ) as road in layout plan. Thus, the builder
was not eligible to
construct high rise building as approach
road of 59 feet or more
width was not available to his plot
and approval of such building
plan was irregular.
b. Regulation 58 (4)
stipulates that no multi-storey building
ca be constructed within
100 metre from the centre of the National High way on either side. But the location plan
submitted by the builder and
lay out plan approved by BDA
indicated that the site of this
builder for constructing
multi-storied building was adjacent
to NH 203 , yet the same was not assessed
by BDA before approving the
building plan. The inspection made by audit team revealed that
the construction of multi-storeyed building of the builder including
commercial building was within
100 meter distance from the centre of National Highway. Thus, such plan approval was irregular and BDA
extended undue favour to the builder to construct such building in prime
location with potential sale value.
c. As per
Comprehensive Development Plan ( CDP) of
Bhubaneswar ( 1994) , 18 villages
including Goutam Nagar village were included
under Heritage Zone as these villages
had heritage temples and
monuments. Accordingly, PBSR 2001,
prohibited construction of multi-storeyed building in Heritage Zone. Thereafter, CDP 2010 also
included these villages under Heritage Zone.
CAG noticed that interestingly
BDA allowed ( December 2008) the
builders for construction of multi-storey
building in these villages
by amending PBSR 2008
and again imposed
restriction in October 2013. Despite existence of
heritage monuments and
temples in these villages, permission to construct
multi-storey buildings for an intermittent
period from December 2008 to
October 2013 only favoured the builders
to construct multi-storey
buildings jeopardising the objective of systematic development of
Bhubaneswar city through CDP.
d. As
per condition of GPAs( General Power of
Attorney) , GPA holders
were authorised to apply for approval
of building plans on behalf of land owners. CAG noticed that in
case of approval of building plan of a multi-storey building, though different patches of land were owed jointly by two firms
and one private person and one of the Directors of the said
builder was the GPA holder
of other two land owners, yet
building plan for 6,70,532
sft multi-storey building was approved
in favour of the said director-cum- GPA holder only , though the said builder
was not the sole owner of the entire land Thus,
approval of the building plan
by BDA in favour of the
GPA holder instead of the owners of the plots
was not in order and therefore ,
was irregular.
e. Section
15 of ODA Act prohibits development activity in any
building or over any land
unless written permission is
granted by BDA. The CAG noticed
that though BDA refused ( May 2008)
plan approval for construction of a Ground
( G) + 2 storey building
due to unauthorised construction
of ground floor
encroaching 350 square foot
of Government land which was
detected during onsite verification by
BDA Staff, it did not take any action
for demolition of the
building or to stop further
unauthorised construction.
Pradip Pradhan, M-9937843482,
Date-13.5.15
41.Status of RDC Enquiries in Odisha
(from 2000 to 2015)
Whenever any law and order situation occurs or
any unlawful event occurs, the State Govt.
orders for RDC enquiry or
Judicial enquiry into it. Revenue
Divisional Commissioner is entrusted to investigate into the matter and submit
the report within the stipulated time period fixed by Govt.
RTI Application was submitted
to the PIO, Department of Home, Govt. of
Odisha seeking information about status of enquiries conducted by RDC within
the period of 2000 to 2015. On dated 23.5.15, the PIO has supplied the
following information.
·
Total No. of 27 number of RDC enquiries on
different incidents have been ordered
by Nabin Patnaik Govt. from 2000
to 2015.
·
Information about enquiry Report into Biraja
Idol Theft case of Jajpur has not been provided by the PIO, Dept. of Home. It
was put here following the information collected earlier.
·
Out of 27 cases, no Action on RDC Enquiry Report has been taken in 12
cases.
·
RDC Enquiry into violent incidents at village
Namatara under Kendrapara district on 8.3.15 is continuing.
|
Sl.No |
Name of the enquiry with incidents |
Present position |
Follow up action |
|
1 |
Demolition of Church at
Vill- Churchunda of Kodinga Tahasil,
Dist-Nabarangpur |
Report received |
No Action Taken |
|
2 |
Inquiry into firing incident at Simulia,
Balasore on 7.2.2002 |
Report received |
Appropriate follow up action
has been taken |
|
3 |
Inquiry on firing
by Guard of WESCO on V.S.S.
Medical College students on 17.7.2002 |
Report received |
Appropriate follow up action
has been taken |
|
4 |
Inquiry in Boat Capsize at river Baitarani, Jajpur district on 31.8.2002 |
Report received |
Appropriate follow up action
has been taken |
|
5 |
Inquiry into murder of
Jajati Keshari Sahu by Extremist in
Rayagada district |
Report received |
Appropriate follow up action
has been taken |
|
6 |
Inquiry in Boat Capsize at river Upper Kolab Reservior, Koraput on
7.2.2003 |
Report received |
Appropriate follow up action
has been taken |
|
7 |
Inquiry on Drown to students
of Burla High school i Mahanadi
Syphone on 10.2.2003 |
Report received |
Appropriate follow up action
has been taken |
|
8 |
Inquiry into alleged misbehaviour of Sri sankar Oram, MLA , Raghunathpalli
assembly constituency on 4.3.2003 |
Report received |
No Action Taken |
|
9 |
Inquiry into alleged police
atrocity on 4.4.2003 at
Bandhalli, chargochhia, Jajpur district |
Report received |
No Action Taken |
|
10 |
Inquiry into death of two
students and injury to three
other students of Saraswati High School, Deypur in Kendrapara district on 19.7.2003 |
Report received |
Appropriate follow up action
has been taken. |
|
11 |
Inquiry into Law and Order
Problem Between villagers of Kutharsingh-vrs-Manikpur and Tatadahipali in
Ganjam on 28.7.2003 |
Report received |
Appropriate follow up action
has been taken. |
|
12 |
Inquiry on police
firing during excise raid at Ratansahi, Mayurbhanj district on
22.8.2003 |
Report received |
Appropriate follow up action
has been taken. |
|
13 |
Inquiry into police firing at Kolabira of district Jharsuguda on
7.12.2003 |
Report received |
Appropriate follow up action
has been taken. |
|
14 |
Inquiry into incident of assault on Youth Congress leader ,
Bhawanipatna on 15.3.2003 |
Report received |
Appropriate follow up action
has been taken. |
|
15 |
Inquiry into the
alleged misbehaviour to Rajedra Ram, Advocate , Rairangpur
inMayurbhanj district |
Report received |
Appropriate follow up action
has been taken. |
|
16 |
Inquiry into the Police
firing incident at ChakradharPur
Outpost under Paradeep P.S. in
Jagatsingh Pur o 29.11.2005 |
Report received |
No action Taken |
|
17 |
Inquiry into Assault of Smt.
Pramila Giri, MLA, Baisingha by some people
on 17.1.2006. |
Report received |
No Action Taken |
|
18 |
Inquiry into police firing
on 15.2.2006 at village Bhatra, Rairkhol in Sambalpur district. |
Report received |
Appropriate follow up action
has been taken. |
|
19 |
Inquiry into police action
during the agitational activities of members, OSSTA and Block Grant Secondary
Schools Teachers Association on 17.11.2007. |
Report received |
No Action Taken |
|
20 |
Inquiry into alleged Gang-rape of a 1st
Year M.C.A. student of Sambalpur University
on 24.2.2008 |
Report received |
Appropriate follow up action
has been taken. |
|
21 |
Inquiry into incident violence
occurred at Bolangir on
11.2.2009 |
Report received |
No Action Taken |
|
22 |
Inquiry into the leakage
of Toxic Gas in the water treatment plant at Sambalpur |
Report received |
Appropriate follow up action
has been taken. |
|
23 |
Inquiry into Kodala
incident in Ganjam district |
Report received |
No Action Taken |
|
24 |
Inquiry into Chadaka
festival of Chandaneswar in Balasore district |
Report received |
No Action Taken |
|
25 |
Inquiry into the incident of attack
on Sri Husein Rabi Gandhi in Jajpur |
Report received |
No Action Taken |
|
26 |
Inquiry into Idol Theft Case
in Girija Temple , Jajpur district. |
Report received |
No Action Taken |
|
27 |
Inquiry into violent
incident at village Namatara
under Rajakanika PS in Kendrapara district |
Continuing |
|
Pradip Pradhan, M-9937843482, Date- 30.5.15
42. Neither Lokpal Appointed nor
Lokayukta constituted in Odisha
Prior to general election, the State Govt. took much credit as first state passing the
Odisha Lokayukta Bill in assembly in Feb 2014 as per section 63 of the Central
Lokpal and Lokayukta Act, 2013 (Every State shall establish a body
to be known as the Lokayukta for the State, if not so established, constituted
or appointed, by a law made by the State Legislature, to deal with complaints
relating to corruption against certain public functionaries, within a period of
one year from the date of commencement of this Act.). The State Govt. presented the Bill to Governor, Odisha on 23.4.15. Following the article 254 (2) of the
constitution, the Governor, Odisha sent
the Bill to Rastrapati Bhawan for assent of the President. The said Bill got presidential assent on 16th
Dec. 2014. Though five months have
passed, the State Govt. is yet to constitute a body of Lokayukta under section 3 of Odisha Lokayukta Act.
On the other hand, Lokpal which was
constituted under Odisha Lokpal and Lokayukta Act, 1995 has remained defunct
from January 2013 after demise of Justice P.K.
Patra , Hon’ble Lokpal on
22.1.12013. Though two and half years have passed, the State Govt. has not yet
appointed Lokpal in the State.
On 8.5.15, RTI
Application was submitted to the PIO, office of Lokpal, Odisha seeking
information about functioning of Lokpal
in Odisha. The information
supplied by the PIO on dated 19.5.15 is as follows.
A. The post of Lokpal,
Odisha is lying
vacant since 22.1.2013 due to sad demise of Justice
Sri Prasanna Kumar Patra.
B. Total no. of 1535
complaint cases pending for hearing in
the office of Lokpal. Nobody knows how these pending cases will be disposed and
the complainants will get justice.
C. Presently total No. of 14 employees are
taking salary without any work since last two and half years.
D. Approximately Rs. 35
lakhs is spent towards salary of employees who are sitting idle without any
work.
E. The total expenditure
made for maintenance of office of defunct Lokpal is Rs. 66 lakhs and 44 lakhs
in 2013-14 and 2014-15 respectively.
Pradip Pradhan, M-9937843482, Date- 2.6.15
43. Disastrous Medical Infrastructure in
Odisha during 15 years of Nabin Patnaik Regime in Odisha
Will the millions
of poor people of Odisha survive without basic health facilities from Govt.?
Health is one of the
basic services that the Citizens are entitled to get it at reasonable price or free of cost in a welfare state. The State Government is
duty bound to provide free Health service to the people. As per article 47 of
the Indian Constitution, the State shall
regard the raising of the level
of nutrition and the standard of the living
of its people and the improvement
of public health as among its primary
duties. As per
Rural Health Statistics 2014, there are 6688 number of health sub centres,
1305 primary health centres, 377 community health centres and 114 mobile
medical units running in the state to cater health service to the people of Odisha. But
these centres are suffering from
a lot of issues mainly infrastructure
for which the poor people are suffering
from health hazards in the state. The 15 year BJD regime has precariously failed to deliver minimum health service to the people of Odisha
Major setback to health sector in Odisha
1.
2726
Sub centres functioning in rented building
2.
11
PHCs functioning in rented building
3.
Only
in 2738 Sub-centres ANM living in the quarter
4.
No
Available data about the Sub Centres running as per IPHS norms
5.
2408
Sub-centres functioning without regular water supply
6.
2414
Sub-centre functioning without electricity supply
7.
182
sub-centres functioning without all weather motor able approaches
8.
292
PHCs without labor Room
9.
1305
PHCs without Operation Theater
10.
1277
PHCs without at least 4 beds
11.
141
PHCs without electricity supply
12.
292
without water supply
13.
6
PHCs without all weather motor able approaches
14.
No
Available data on PHCs functioning as per IPHS norms
15.
365
CHCs functioning without 4 specialist doctors
16.
317
CHCs functioning without at least 30 beds
17.
68
CHCs functioning without Operation Theaters
18.
57
CHCs functioning without new born care corner
19.
335
CHCs have no X-Ray machine
20.
85
CHCs have no building for specialists quarter
21.
111
CHCs have no living quarter for specialists living
22.
3068
Health workers (Male) shortfall for Sub centres
23.
212
Sub Centres functioning without Health Worker (Female), 2750 Sub-centres
functioning without health worker (Male) and 158 Sub centres running without
both
24.
597
Health assistants (Female) shortfall for PHCs
25.
PHCs
functioning without 1305health assistants (Male)
26.
PHCs
running with 339 doctors vacant.
27.
110
PHCs running without doctor
28.
1010PHCs
running without lady doctor
29.
CHCs
running with shortfall of 297surgeons
30.
CHCs
running with shortfall of 228 Obstetricians & Gynecologists
31.
CHCs
running with shortfall of 333 Physicians
32.
CHCs
running with shortfall of 304 Pediatricians
33.
Infant
Mortality Rate-51
(This information was
presented in a meeting by Gouranga Mohapatra, State Convener, Jana Swasthya
Abhijan. His contact No is 9437036305)
Pradip
Pradhan, M-9937843482, Date- 23.6.15
44.
Huge
Irregularities, favouritism, malpractice and politically motivated appointment
made for the post of Odisha Information commissioner, exposed through RTI.
The more interesting, ridiculous and irony
of the whole episode is that the Information and Public Relation
Department which is the nodal Departmet for implementation of RTI Act in
Odisha entrusted to enforce
transparency in the administration is denying information about appointment of Information
Commissioner, an agency formed to enforce RTI
and adjudicate cases of RTI
violation to the Information Seekers who are RTI Activists and
working to enforce effective
implementation of RTI Act in Odisha.
RTI Act, which came into force in 2005 is
mandated to enforce a transparent and accountable administration and contain
corruption in the country. It has given right to the Citizens to access
information held under the control of the Public authorities. Since 2005, RTI Activists of the state have not only raised the issues relating to mal-implementation of RTI Act
but also
demanding before the Govt. to
follow transparent procedure in respect
of appointment in the post of Information commissioner ( It needs to be mentioned here that
the State Govt. has appointed most corrupt, useless, inefficient people like D.N.Padhi, Sri Jagadanand
and Sri Tarun Kanti Mishra
involved in land scam in the post
of Odisha Information omission in the
state within 10 years of the constitution of the omission) A number of
54 Complaints and 7 Writ petitions filed against these former Information
commissioners is pending before the Governor, Odisha and High Court, Odisha
since 8 years.
However, Demanding transparency in the
appointment of Information is not confined to Odisha only. It is a demand of
RTI Activists in all states even at
national level. Amidst rising criticism
over lack of transparency in appointment
of the Information Commission and the
huge discontentment and resentment of RTI Activists and Concerned citizens
against the arbitrary and
mindless, politically motivated
appointment in the post of
Information Commissioners, the Supreme Court
while adjudicating Writ petition
No. 210/2012 and Review Petition No.2309/2012
in 2013 gave the order to both
Central Government and all State Govt. to follow the transparent procedure in respect of appointment of the Information
Commissioners and make all the information discloseable under RTI Act. The direction of the Supreme
Court is as follows.
“
v) We further direct that the Committees under Sections 12(3) and 15(3) of the
Act while making recommendations to the President or to the Governor, as the
case may be, for appointment of Chief Information Commissioner and Information
Commissioners must mention against the name of each candidate recommended, the
facts to indicate his eminence in public life, his knowledge in the particular
field and his experience in the particular field and these facts must be
accessible to the citizens as part of their right to information under the Act
after the appointment is made.”
On 3rd March 2013, while quashing the appointment of P.J.Thomas as Central Vigilance Commissioner in Writ Petition (C)
No. 348/2010, the Supreme Court has made
10 legal arguments for transparent
selection of CICs, SICs, Human Rights Commissioners & other Constitutional
Authorities.
While hearing a Special Leave petition (Case
No.9680/2012) , petition made challenging the appointment of Tamil Nadu
Information Commissioner, the Supreme Court
has made the following remarks-
“Whether
the selection of appointment of State
Information Commissioners can be made without adopting a transparent and fair method of selection in which all eligible persons can participate for appointment to such
post/office can be treated as private
affair of political set up”.
When the State Govt. started initiative for selection of the candidates through releasing advertisement publicly
seeking application from the interested candidates in Feb.
2013, I
submitted a memorandum to the Governor, Odisha seeking direction to the State Govt. to modify the advertisement
and insert the provision of recommendation by public for the post of
Information Commissioner.
On 25.3.15,
Sri Sachikant Pradhan, RTI Activist
had submitted RTI Application to the PIO, Department of Information and Public Relation, Govt. of Odisha, Bhubaneswar seeking information about
list of applicants applied for the post of Chief Information
Commissioner and State Information Commissioner. Violating the provision of section 7(1) of
the RTI Act, the PIO took around two months to respond the RTI
Application. This is gross negligence
and deliberate attempt to denigrade RTI Act. Secondly, the PIO also denied
providing the information on the ground
of personal information under section 8(1) (h) of the RTI Act which is not at
all the personal information. This is an attempt to subvert RTI in Odisha and
to keep the information secret.
When the State Government failed to put in public domain the
transparent procedure to be followed for appointment of the Commission, RTI
Activists under the banner of Odisha Soochana Adhikar Abhijan organised Mass Dharana before Raj Bhawan,
Bhubaneswar on 30th April 2015
and submitted memorandum seeking direction the State Govt. to issue detailed
written transparent procedure in respect
of appointment of the
Commission, declare publicly name of the
applicants, their background,
experience and expertise, details of search Committee, inviting public
view on the
final list for the post of Information Commission prior to sending the
name to the Governor of Odisha for appointment etc., modify the advertisement
and include the provision of recommendation by public for the post of
Information Commissioner.
Defying all the legitimate
procedures and even ignoring the concern of Sri Narasingha Mishra, Opposition
Leader and Member of Selection Committee headed by Chief Minister, on 16.5.15,
the State Govt. arbitrarily selected two candidates for the post of Information
Commissioners.
On 17.5.15, the Civil Society
Groups and RTI Activists came together in state level meeting and
discussed about arbitrary procedure
followed for selection of the candidates
in the post of all Commissions
like OSCPCR, State Commission for Women, State Human Rights Commission,
State Information Commission etc. As per decision in the meeting, all RTI Activists assembled together at Raj Bhawan and
submitted memorandum to Governor,
Odisha appealing for review of
the appointment of the Chief
information commissioner and Information Commissioner for Odisha.
On 18.5.15, I
submitted RTI Application to the
PIO, Dept. of Information and Public Relation, Govt. of Odisha seeking information about Procedure followed for selecting
candidates for appointment in the post of
Chairman and Members of Odisha Information commission, criteria
taken up for shortlising candidates for the post of Chairman and Members of Odisha Information
Commission which was presented to the selection Committee and name of the
shortlisted candidates, proceedings of the selection Committee etc. Though one ad half moth has passed, the
PIO has neither responded the application nor supplied the information.
Similarly, 5 no. of RTI
Applications have been submitted by RTI Activists seeking similar
information about procedure followed
for selection and appointment of Information Commission. Not a single RTI
application has been responded by the PIO, though statutory time limit has
passed.
It shows that the State Govt.
has adopted arbitrary method of selecting their political stooge for the post of the Information
Commission. If the selection procedure
is followed properly, then what is the problem with Govt to provide the
information?
Pradip Pradhan, M-9937843482, Date-7.7.15
45.
Hiring
of Aircraft/ Helicopter for the official use of VIPs/other Dignitaries on hired
basis by Govt. of Odisha
Few months back, there was hue and cry in mass
media about use of Helicopter by Sri Nabin Patnaik, Chief Minister, Odisha for
his visit to Cuttack which is just 30 kms from Bhubaneswar, resident and office
of the Chief Minister. It was alleged that it was completely misuse of public
money. Out of curiosity to know about details of hiring of Helicopters, amount paid from State exchequer, RTI Application was submitted on 28.1.2015 to
the PIO, Department of General Administration, Govt. of Odisha seeking information
about decisions taken and terms and
conditions for Engagement of Deccan
Charters Pvt. Ltd for providing Helicoptor/ Aircrafts services on hire to State Govt. from 2009-10 to
2014-15 including copy of the file noting.
The PIO took around 5 months to provide the information. But still this
information is incomplete. I received this information from the Department on
6.6.15. The details of the information supplied by the PIO are as follows.
A. The information has been provided from 2011.
It may be from this year the State Govt.
has entered into agreement with Deccan Charters Flight Ltd. for hiring of
helicopter for VIP operation of
State Government.
B. As per
the filing noting ad correspondence
made, the State Govt., was hiring Bell-230 twin engine Air conditioned helicopter
for VIP Operation on Fixed
Monthly Charge ( FMC) for a temporary period sometimes one month or two
months which gets extended from time to
time.
C. On
11.11.2011, the Government approved the offer of M/s Deccan Charters Ltd. for hiring
their Bell-230 twin engine Air Conditioned helicopter
with VVIP lub seating for VIP
operations of the State Govt. on
Fixed Monthly Charges. The details of
terms and conditions are as follows.
|
Sl.No |
Particulars of Hire Charges |
Amount (INR) |
|
1 |
Fixed Monthly Flying
Charges ( FMFC) of 30 hours
per month @ Rs. 1,20,000/- per
hour ( minimum monthly cumulative
entitlement of 30 hrs.) |
Rs. 36,00,000/- per month |
|
2 |
Flying charges for positioning & Return Ferry ( any mobilisation and demobilisation ) |
Rs. 14,30,000/- |
|
3 |
Hourly Flying charges ( HFC) for any
flying beyond entitlement of 30 hrs per month. |
Rs. 1,10,000 |
|
4 |
Fuel transportation charges
to outstation |
On actual |
D. On
21.3.12, the State Govt. entered into
negotiation and approved the offer
of Deccan Charges Ltd.
for hiring their EC-135 P2
twin engine helicopter on wet
lease basis for VIP operations as the following terms and Conditions
|
Sl.No |
Particulars of Hire Charges |
Amount (INR) |
|
1 |
Fixed Monthly Charges
( FMC) which does not
include any free flying hour |
Rs. 48,00,000/- per month |
|
2 |
Hourly Flying Charges ( HFC) |
Rs. 47,110.00 |
|
3 |
Flying charges for positioning & Return Ferry ( any mobilisation and demobilisation ) |
Rs. 17,82,500/- |
|
4 |
Crew accommodation and transportation at out station will be borne by Govt. |
|
|
5 |
Fuel positioning charges
|
On actual |
E. On
31.7.14, the Purchasing Committee in its meeting held
under chairmanship of U.N. Behera
revised charges for
hiring twin engine helicopter as per the proposal submitted by M/S
Deccan Chartered Pvt. Ltd. On
22.9.14, the State Govt. Negotiated with
the Company for hiring helicopter for a period of one year w.e.f. 1.10.2014 as
per the following terms and conditions.
|
Sl.No |
Particulars of Hire Charges |
Amount (INR) |
|
1 |
Fixed Monthly Charges
( FMC) which does not
include any free flying hour |
Rs. 52,00,000/- per month |
|
2 |
Hourly Flying Charges ( HFC) |
Rs. 51,820.00 |
|
3 |
Flying charges for positioning & Return Ferry ( any mobilisation and demobilisation ) |
Rs. 17,82,500/- |
|
4 |
One station Crew and Engineer accommodation, Fuel positioning and transportation at out station,
watch hour extension at Airports / Airstrips/Helipads will be borne by Govt. |
As per Actual |
|
5 |
Service Tax
|
As per applicable |
Pradip
Pradhan, M-9937843482 , Date-23.7.15
46.
Around Rs. 140
crores spent in Bolangir district, Odisha for construction of 600 Watersheds
within 14 years without
single increase in percentage of irrigated land
in the district (!)
Bolangir was infamous
and still infamous as one of the
most drought prone districts in the
country for its notoriety of
large scale migration, hunger and
starvation death. Both the Central Govt. and State Govt. have undertaken numerous schemes , anti-poverty programme,
food security programme in order to
ensure food security and increase living
standard of the poor and vulnerable families
in the district. Watershed Project is one of the programme undertaken
with allocation of huge fund
to increase ground water table with water conservation measures, ensuring irrigation to lands, providing
employment to the people through
developing agriculture and horticulture
activity. It will help reducing poverty and ensuring food security to
the poor. Both Govt agencies and NGOs
were engaged to undertake watershed projects in the district.
RTI Application was submitted
in December, 2014 to the PIO, office of
Project Director, watershed, Bolangir seeking information about details of
Watershed projects undertaken under different scheme in Bolangir and the amount
spent for it from beginning to 2014. The
information provided by the PIO is as
follows.
|
Sl. No |
Name of the Scheme |
No. of Watershed |
Project Period |
Expenditure incurred ( In
lakh) |
|
|
From |
To |
||||
|
1 |
Employment Assurance Scheme |
91 |
1998-99 |
2005-06 |
1741.51 |
|
2 |
ACA ( RLTAP) |
28 |
2002-03 |
2010-11 |
756.55 |
|
3 |
Spl RLTAP (ACA) |
10 |
2008-09 |
2011-12 |
332.94 |
|
4 |
IWDP-II |
19 |
1997-98 |
2011-12 |
483.43 |
|
5 |
IWDP-III |
6 |
2000-01 |
2011-12 |
199.93 |
|
6 |
IWDP-IV |
10 |
2006-07 |
2011-12 |
198.59 |
|
7 |
IWDP-V |
10 |
2006-07 |
2011-12 |
213.32 |
|
8 |
DPAP ( 6th Batch) |
20 |
2000-01 |
2011-12 |
600.00 |
|
9 |
DPAP ( 7th Batch)
|
32 |
2001-02 |
2010-11 |
306.00 |
|
10 |
DPAP (8th Batch) |
32 |
2002-03 |
2010-11 |
277.32 |
|
11 |
DPAP (9th Batch) |
32 |
2003-04 |
2010-11 |
138.56 |
|
12 |
DPAP (10th Batch) |
32 |
2004-05 |
2010-11 |
143.79 |
|
13 |
DPAP (11th Batch) |
36 |
2005-06 |
2011-12 |
832.83 |
|
14 |
DPAP (12TH Batch) |
36 |
2006-07 |
2011-12 |
798.10 |
|
15 |
WORLP (PY-I) |
4 |
2000-01 |
2004-05 |
190.00 |
|
16 |
WORLP (PY-II) |
16 |
2001-02 |
2005-06 |
760.00 |
|
17 |
WORLP (PY-III) |
32 |
2002-03 |
2006-07 |
1505.23 |
|
18 |
WORLP (PY-IV) |
40 |
2003-04 |
2007-08 |
1880.77 |
|
19 |
WORLP (PY-V) |
32 |
2004-05 |
2008-09 |
1497.63 |
|
20 |
WORLP (PY-VI) |
16 |
2005-06 |
2009-10 |
748.82 |
|
21 |
IWMP-I |
10 |
2009-10 |
2011-12 |
96.70 |
|
22 |
IWMP-II |
12 |
2009-10 |
2011-12 |
122.29 |
|
23 |
IWMP-III |
10 |
2009-10 |
2011-12 |
98.06 |
|
24 |
IWMP-IV |
9 |
2009-10 |
2011-12 |
87.26 |
|
25 |
IWMP-V |
10 |
2010-11 |
2011-12 |
40.96 |
|
26 |
IWMP-VI |
12 |
2010-11 |
2011-12 |
51.71 |
|
27 |
IWMP-VII |
9 |
2011-12 |
2011-12 |
24.77 |
|
28 |
IWMP-VIII |
9 |
2011-12 |
2011-12 |
22.00 |
|
|
Total |
615 |
|
|
14149.16 |
( ACA- Additional Central
Assistance, IWDP- Integrated Watershed Development Project, WORLP- Western
Odisha Rural Livelihood Mission supported by DFID, UK, DPAP- Drought Prone Area
Programme, IWMP-Integrated watershed Management Programme)
Pradip Pradhan, RTI Activist, Odisha Soochana Adhikar Abhijan,
M-9937843482, Date-31.7.15
47. Days devoted for Sitting of Odisha Legislative
Assembly- A Hopeless Trend
Parliament or State Assemblies are viewed as temple of Indian Democracy. The
hope and aspiration of the people are reflected in these democratic bodies. The Members of the Parliament and State Assemblies not only debate and
discourse on various issues affecting the people
but also make plan
and programme for the
prosperity of the country. So frequent sitting of the Assemblies or
Parliament is highly required for
development of the state and enriching
the democracy.
Let us come to the context of
Odisha Legislative Assembly. As per the norm fixed by the OLA, minimum days
fixed for sitting of Assembly is 60 days.
RTI Application was submitted seeking information about number of days
devoted for sitting of the Odisha Legislative Assembly under Nabin Patnaik
Govt. from 2004 to 2014. On 1.7.15, the PIO, Office of Odisha Legislative Assembly has supplied
the following information. Every year, the number of days fixed for a
particular assembly session got reduced by the Govt. due to various reasons.
|
Year |
Date of Sitting |
No. of days devoted for sitting |
Remarks |
|
|
From |
To |
|||
|
2004 |
3.2.2004 |
5.2.2004 |
3 |
--- |
|
Do |
30.6.2004 |
7.8.2004 |
31 |
Increased for one day |
|
Do |
1.11.2004 |
6.11.2004 |
6 |
--- |
|
Do |
3.12.2004 |
28.12.2004 |
18 |
Reduced for 5 days |
|
|
|
|
58 days |
|
|
2005 |
28.2.2005 |
6.4.2005 |
25 days |
Reduced for one day |
|
Do |
1.8.2005 |
12.8.2005 |
10 |
--- |
|
Do |
21.11.2005 |
8.12.2005 |
14 |
Reduced for 11 days |
|
|
|
|
49 days |
|
|
2006 |
3.2.2006 |
5.4.2006 |
32 |
---- |
|
Do |
31.7.2006 |
12.8.2006 |
12 |
---- |
|
Do |
13.11.2006 |
30.11.2006 |
16 |
-- |
|
|
|
|
60 days |
|
|
2007 |
21.3.2007 |
2.4.2007 |
09 |
--- |
|
Do |
1.6.2007 |
13.7.2007 |
24 |
--- |
|
Do |
19.11.2007 |
29.11.2007 |
09 |
Reduced for 18 days |
|
|
|
|
42 days |
|
|
2008 |
13.2.2008 |
31.3.2008 |
25 |
Reduced for two
days |
|
Do |
20.8.2008 |
29.8.2008 |
08 |
---- |
|
Do |
26.11.2008 |
20.12.2008 |
19 |
Reduced for 8
days |
|
|
|
|
52 days |
|
|
2009 |
9.2.2009 |
14.2.2009 |
6 |
--- |
|
Do |
Special session |
|
1 |
-- |
|
Do |
8.6.2009 |
30.7.2009 |
28 |
Increased for one day |
|
Do |
18.11.2009 |
5.12.2009 |
15 |
Reduced for 11 days |
|
|
|
|
50 days |
|
|
2010 |
8.3.2010 |
17.3.2010 |
8 |
--- |
|
Do |
22.6.2010 |
7.8.2010 |
28 |
--- |
|
Do |
23.11.2010 |
22.12.2010 |
24 |
--- |
|
|
|
|
60 days |
|
|
2011 |
14.2.2011 |
8.4.2011 |
31 |
-- |
|
Do |
17.8.2011 |
27.8.2011 |
10 |
--- |
|
Do |
9.12.2011 |
24.12.2011 |
13 |
Reduced for 6 days |
|
|
|
|
54 Days |
|
|
2012 |
21.2.2012 |
7.4.2012 |
29 |
-- |
|
Do |
28.8.2012 |
7.9.2012 |
10 |
--- |
|
Do |
27.11.2012 |
22.12.2012 |
21 |
--- |
|
|
|
|
60 Days |
|
|
2013 |
14.2.2013 |
6.4.2013 |
30 |
-- |
|
Do |
20.8.2013 |
27.8.2013 |
7 |
--- |
|
Do |
28.11.2013 |
16.12.2013 |
15 |
Reduced for 8 days |
|
|
|
|
52 Days |
|
|
2014 |
3.2.2014 |
14.2.2014 |
9 |
--- |
|
Do |
12.6.2014 |
28.7.2014 |
25 |
--- |
|
Do |
20.11.2014 |
5.12.2014 |
14 |
Reduced for 12
days |
|
|
|
|
48 Days |
|
Remarks
A.
Odisha Assembly has not been allowed to sit more
than 60 days by the Nabin Patnaik Govt. from 2004 to 2014.
B.
Every year (except 2006, 2010 and 2012), the
number of days of the sitting of the assembly has got reduced by the Govt. which has created bad precedent in the state.
C.
The State Govt.
has succeeded to reduce the days of the sitting of
assembly because of
their brute majority in the
assembly, arbitrary attitude, intolerant
to opinion of the opposition and little respect to the Opposition
parties.
Pradip Pradhan,
M-9937843482, Date- 5.7.15
48. Allotment of Plot under
Discretionary Quota, extracts from CAG Report
Every day, mass media carries news about
notice issued to different people by
BDA, CDA and Odisha State Housing Board
for return of land allotted under
Discretionary Quota and multiple
allotments. But these authorities are to
issue notice to
important political people and bureaucrats like
Sri Tarun Kanti Mishra, former Chief Secretary, U.N. Behera,
Development Commissioner, Sri Bijay
Sharma, Addl. DG, Police, Sri Nikunja Dhal, IAS, Sri Debi Prasad Mishra,
Minister, Sri Aswani Kumar vaishnav, IAS, Sri Vishal Kumar Dev, IAS, Sri Pranab
Balabantaray, MLA, Kalpataru Das, MP, Rajya Sabha, R.K.Sharma, IAS and many
others.
Vacant plots allotted under Discretionary Quota arbitrarily
by BDA
|
Sl.No |
Name of allottee |
Plot No (
2400 Sq.ft. each) |
|
Prachi Enclave
Plotted Scheme Phase-II |
||
|
1 |
Anusuya
Mishra, W/O- Debi Prasad Mishra, Minister
for School and Mass Education |
236 |
|
2 |
Aswani Kumar
Vaishnav |
242 |
|
3 |
Gourang
Kinkar Das, former Vice Chancellor, Utkal University ( transferred to Rashmi Das) |
186 |
|
4 |
Pratap Kumar
Samal |
246-C |
|
5 |
Pritam
Mohapatra |
238 |
|
6 |
Ravi Kumar
Sahani and Punam Sahani |
187 |
|
Prachi Enclave Plotted Scheme Phase-1 |
||
|
7 |
Babita Sar |
126 |
|
8 |
Pratima Das,
W/O- Kalpataru Das |
42-C |
|
9 |
Raj Kumar
Sharma, IAS |
130-C |
|
10 |
Rajaram
Satapathy, Journalist |
38 |
|
11 |
Satyajit
Mohanty |
73-C |
|
12 |
Sobhamayee
Dehury, transferred to Narmadha Pradhan |
109 |
|
13 |
Srimoy Kar,
Journalist |
21 |
|
14 |
Vishal Kumar
Dev, IAS |
62 A |
CAG Report has also
brought to notice
huge scam and irregularities in allotment of plot/ land
to different people.
While auditing land / plot allotment made by BDA, CDA and GA, CAG has mentioned in its audit report that
neither the provision for DQ allotment of plots / houses existed in the Act /
Rules or any such instruction issued by the Government. Individual brochures of
housing schemes of DAs contained provisions for allotment of plots/ houses
under DQ of the Chairperson of the concerned DA ( Development Authority) which ranged between five per
cent to ten per cent of the total
assets offered under the schemes. However, no eligibility criteria for
identification of allottees eligible under DQ had been specified by the DAs in
general or in the individual brochure.
CAG has made audit scrutiny in
the 10 test checked housing schemes and exposed huge irregularities in these schemes. These are
as follows.
A. Identification of allottees under DQ was
arbitrary as the criteria for the same were not specified and applications for
allotment under DQ were made on plain paper without any supporting documents
such as affidavit regarding non-ownership of land in the concerned DA, as
required in the terms and conditions of the brochure for housing schemes.
B. In
case of Udaygiri Vihar Housing Scheme launched for MIG/ LIG houses in 2002,
norms regarding income were relaxed (April 2003) for allotment of six assets
valued at `
35.94 lakh out of 20 assets allotted under the DQ.
C. In
eight housing schemes of Bhubaneswar Development Authority, out of 249
applications for allotment of assets under DQ, 129 applicants were allotted
assets. It was observed that there was no clear pre-defined criterion for such
allotment, thus making the allotment under DQ completely arbitrary and
non-transparent.
D. In case of Prachi Enclave
Phase–II (BDA), provisional allotment of eight assets worth ` 28.80
lakh was made under DQ to eight individuals in November 2001 before launching
the scheme in September 2002, making the allotment process non transparent.
E. In four cases in Bhubaneswar Development
Authority, assets worth ` 17.42 lakh were allotted to persons who had earlier
also been allotted assets under DQ and transferred one of the assets to third
party indicating that the allotment made under DQ was for speculation, rather
than for residential purpose.
F. Nine persons already
allotted assets under DQ, were allotted another asset each by Bhubaneswar
Development Authority either under discretionary or general quota in their
names or in the names of their spouses.
G. Thus, due to non
formulation of clear guidelines and criteria for identification of allottees under DQ and lack of subsequent
monitoring regarding actual usage of such plots/ buildings, the process of
allotment under DQ lacked transparency.
Pradip Pradhan, M-9937843482, Date- 12.7.15
49. Raj
Bhawan, Odisha- Sanctuary of Scot-free Sandalwood dacoits
On 22.6.15, there was news in
different newspaper about incident of felling of Sandal wood trees in the
premises of Raj Bhawan, Odisha. Having
gone through the news, I got astonished
how only Sandal wood ( not any
other tree) is cut and stolen
in the premises of Raj Bhawan,
highly security zone in the state.
Accordingly, to know the fact, I filed RTI Application dated 29.6.15 to the
PIO, Office of Governor, Odisha, Raj Bhawan, Bhubaneswar seeking the following
information.
·
Details of
sadal tree ( Chandan tree) which
has been cut in different times in Raj Bhawan premises and steps taken to nab the thieves
involved in cutting tree.
·
copy of
details of complaints filed
by the Raj Bhawan in police
station or in forest Dept. for equiry into the matter.
·
Details of enquiry conducted by the Police or
Forest Dept. in Sandal wood cutting
case and status of the enquiry.
·
copy of
the document in respect of whether
Governor has been informed about Sandal wood theft.
·
Names of
the watch man/ security guard
appointed in the area when the sandal tree has been cut by thieves.
On 12.8.15, the PIO supplied
the following information.
There are two incidents of
felling of Sandal wood trees inside Raj Bhawan premises one on 19.11.11 and
other 20.6.15.
First Incident of theft of
Sandalwood on 19.11.11- Sri
Sarada Prasad Pattnaik, PHD Staff informed to Comptroller, Governor’s Household
that three nos. Of Sandal Wood trees aged about 7 to 8 years old were cut
in and stolen nearer to Deer Park behind
Administrative building of Raj Bhawan, Bhubaneswar. Then it was informed to
Chief Security Officer, Raj Bhawan on same day. The Inspector-in-Charge, Capital Police
Station and DFO, City Forest Division, Ghatikia, Bhubaneswar was intimated by
Comptroller, Raj Bhawan about the incident and enquiry sought for. On
26.11.11, a Joint Enquiry was conducted with the presence of Sri Assem Panda,
IIC, Capital Police Station, Ramakanta Nayak, Range Officer, Bhubaneswar, Manoj
Kumar Mishra, RI-cum-SO, Raj Bhawan and Sri P.K.Jena, Forester. During enquiry
it was found that three nos. Of
Sadalwood tree have been cut up by the
miscreants on 19.11.11 leaving the cut materials at the stump site. The all cutting parts of three trees were
converted into 30 pieces = 38.750 kg and a UD case was instituted by
Forest Officials vide UD Case No. – 13BS of 2011-12. It was decided to conduct separate
investigation by both the police and Forest to apprehend the culprit. On 14.9.12,
the Comptroller of Raj Bhawan wrote
a letter to IIC, Capital Police
Station to appraise progress of
investigation in the matter of
illegal felling of 3
numbers of Sandalwood trees in Raj
Bhawan Campus for appraisal of His
Excellency. There is no information about whether
IIC, Capital Police Station conducted any enquiry. Neither is any investigation conducted nor
any culprit nabbed. The investigation was completed through letter
correspondence.
Second Incident of theft of Sandal wood on 20.6.15 ; Sri Brahma
Nanda Chhotaray, the occupant of Quarter No.
D-6 of Raj Bhawan Staff
Colony has reported on 21.6.15
that a Sandal Wood tree has been
cut down from his said quarter premises
by somebody with a sharp cutter . The
Comptroller intimated the matter to the ADC, Governor and Chief Security
Officer, Raj Bhawan .On 22.6.15, the Chief Security Officer wrote a letter to
IIC, Capital Police Station to cause an
enquiry into the matter for appropriate action. A Joint enquiry was conducted
on 28.6. 15 in the presence of
Chief Security Officer, Raj Bhawan, IIC, Capital Police Station, Forest Ranger
Officer, City Forest Division, Assistant Commandant of Police , Raj
Bhawan, Assistant Horticulture offier,
Raj Bhawan, Forester Bhubaeswar Section.
During enquiry, it was found that two
nos. Of Sandal wood trees , one from Raj Bhawan Staff Colony and other from Raj Bhawan pump house , near
Deer Park have been cut by
miscreants leaving the cut materials at
the stump side , stolen one piece
approximately 4 ft. ( four) from the Sandal wood tree at the staff colony, leaving the clump. All
the cutting parts of the two trees have been converted to six pieces ad twigs
with approximate weight of 143 kg . Two no. of UD cases were
instituted by the Forest Officials Vide Case No. 4 BS of 2015-16 and 5 BS of 2015-16. It was
decided to conduct separate investigation by both the police and forest Dept to apprehend the culprit.
Comments
1. Interestingly
and astonishingly, no further investigation was conducted and no culprit
arrested in both the cases.
2. Both the
cases were covered up in the name of so-called joint enquiry.
3. The
inaction of the investigating officer or administration has encouraged the
culprits to cut more number of sandal wood trees. The Culprit is within the Raj Bhawan not
outside of it. It is not so difficult to nab the culprits who are
within Raj Bhawan Campus.
4. Sandalwoods
are precious and costly in the market.
The thieves keep an eye on it for financial gains.
5. There is
every possibility that there will be more felling of Sandalwood trees in raj
Bhawan in future due to police inaction.
6. If there
will be theft in Raj Bhawan in highly security zone and culprit be scot free, what the police will
check theft in less security zone or no security zone in the state.
7. Failure to
nab thieves proves the failure of the police administration or lack of interest
to investigate it.
Pradip Pradhan, M-9937843482, Date-16.8.15
50. Demolishing
Confusion about fraud and forgery of Swami Shankaranand Giri, President of
Kriya Yoga Foundation Trust and News telecast by Z Kalinga
It got too late
to respond to the queries,
allegations and counter
opinions given by readers
of this mail group following my
appeal for participation in the
Emergency Meeting of Civil Society Groups on Attack
on Media organized at Red Cross Bhawan
on 5.9.15 at 10 am.
The meeting was held with participation of
around 35 members of Civil Society Groups, advocates and Social Activists at
Red Cross Bhawan on 5.9.15. The members interacted about the details of the
issues, fraud and forgery of Swami Shankaranand and attempt of vested Groups to
demoralize Satya Prakash Nayak. It was
decided to file a petition to Deputy Commissioner of Police, Bhubaneswar to
enquire into detailed of allegation made against Swami Shankaranand and
organize demonstration expressing solidarity with Satya Prakash Nayak, Z
Kalinga and upholding Freedom of Press. Accordingly, FIR was lodged against Swami Shankaranand in Saheed Nagar on 5.9.15 at 2 PM and a
15-member delegation met Deputy
Commissioner of Police and submitted petition protesting immediate lodging of an
FIR against Satya Prakash Nayak without preliminary enquiry and requested
him to conduct enquiry into
allegations against Shankaranand.
Mass
Demonstration expressing solidarity with Satya Prakash Nayak and protesting against Govt. for curtailing
freedom of press was held at lower PMG
with participation of hundreds of
journalists, Activists, academicians, teachers etc.
Expressing their reaction on my
appeal for solidarity with Satya Prakash Nayak, the Readers have given their
opinion that the news broadcast on allegations made against Swami
Shakaranand Giri is false. As I along with
my Activists friends are quite active in exposing illegal land grabbing by Ministers, MLAs, IAS and IPS officers and
fraud Babas since last few years, we
took it as challenge and constituted a fact-finding team to enquire into details of forgery of land
documents and land illegally grabbed by
Shankarananda. while going
through the documents obtained through
RTI, it was found that there was a Land
Lease-Deed agreement signed between Sri K.C. Das, Secretary, Kriya Yoga
Foundation Trust, Kriya Yoga Ashram, Bhubaneswar , District-Khurda and Swami Shankaranada Giri, President,
Prabhujee English Medium School, V.S.S. Nagar, Bhubaneswar, Dist-Khurda in 2001
in the office of District Sub-Registrar, Bhubaneswar. As per Lease Agreement, Sri K.C. Das, Secretary, Kriya Yoga
Foundation Trust has handed over a portion of its land measuring 3 Ac on lease
basis to Swami Shankaranand Giri to run Prabhujee English Medium School. The Schedule of the property of the land is Hal Plot No- 5168/5169 under Mouza- Gadakana of Bhubaneswar Tehsil. The location of
the land is East- Hospital and Ashram Main Gate,
West- Ashram Land, North- Ashram road
and Building , South- Institute of Hotel
Management.
On 8th and 9th
Sept. 15, the Team visited Gadakana and Ragamatia village and met the owner of
the land ( Hal Plot No- 5168/5169) and enquired to know the details of the land and its location. It was
found that the owner of Hal Plot No 5168 ( Khata No-875) is Sri
Giridhari Bhoi, Gokul Bhoi of Surath
Bhoi, Father of Gadakana Mouza. The owner of Hal Plot. 5169( Khata
No.-707) is Sri Keshab Das of Rangamatia
village. Both these lands are located far away from Prabhujee English Medium
School. So, Swami Shankaranand has
produced forged document to CBSE ( Central Board of Secondary Education, New
Delhi) to get affiliation of the school.
While looking at land records of Department of General
Administration, It was also
found that the said school is situated on the land
of General Administration of
Govt. of Odisha which has been encroached
and illegally occupied by Swami Shankaranand since long.
Interestingly, due to nexus of Swami Shankaranand with corrupt bureaucracy, the
State Govt. has not taken any step to
recover the encroached land. On 9.9.15,
we filed a complaint petition to CBSE, New Delhi through Regional office, at
Alok Bharati Building, Bhubaneswar and FIR was also lodged in Saheed Nagar Police
station against Shankaranad to initiate criminal proceeding against him.
While going through another
document obtained from office of Inspector General of Registration, Cuttack, it
was found that Swami Shakaranand Giri is no more president of Kriya Yoga
Foundation Trust as per order of IGR dated 27.4.2002. In 1998, the Founder-president
of Kriya Yoga Foundation Trust Swami Hariharananda Giri had written a letter to
IGR, Cuttack appraising anti-social, criminal and illegal activities of Swami
Shankaranand and intimated his order of removal of Shakaranand and other
members from Trust.
Other allegation about his
forgery and illegal activities will be exposed very soon. So, the news telecast
in Z Kalinga is based on FACT. If anybody has guts to challenge the
abovementioned fact, please come out with fact and figures.
Let us come to other issues raised
by the readers of the group and my response to it. In democracy, everybody has
right to speak, write and give their opinion in public domain on any issue and
we must respect it. Similarly, a news
channel or news paper has also right which is termed as Freedom of Press to
disseminate or telecast any news on their wish. Similarly, they have also right
to choose or judge whom they will invite to their press and take opinion or
reject anybody. Public opinion hardly
matters. If someone’s opinion, views
or comments hamper anybody’s dignity or privacy, he or she is legally empowered to file defamation
suit or take any legal action against the person concerned. For example,
Odisha Information
Commission has filed defamation case against me
in Civil Court , Bhubaneswar for
my criticism to their
anti-RTI functioning. The case is yet to be disposed of. Similarly, if
anybody feels anything wrong in media, they can file a complaint to Press
Council of India, New Delhi or follow legal procedure against it. Many times,
the affected parties i.e, State Govt. with acrimonious attitude tried to
control media or individual activists working to expose misdeeds of the
administration by putting baseless and false charges . Many journalists and
Human Rights Activists have been victim of the State sponsored Attack in Odisha
since last few years.
We have to accept the greater role played by
media in terms of sensitizing the people about various issues in our state more
particularly exposing fraud Babas since last one month. Though the Rationalists
Groups have been working hard to sensitize the people against fraud Babas and
their so-called Prabachana, art of
mesmerizing the illiterate poor people since many years, they were found
hardly successful in their effort to refrain the people from visiting
Ashrams. But the media succeeded
alerting the people about fraud Babas within very short span of time.
It is also fact that the media is also
controlled by corporate sectors. A corporate house or any individual
establishing Printing Press or Electronics media has their own business agenda.
Within their own framework, we have to find out the space where we can raise
our issues of the public importance. Each media has their own issues of
priority and public importance. Flat allegation against any press without
understanding about politics of media house is meaningless and just throwing
stone at mountain. As media houses get controlled by corporate dalas day by
day, the news about public issue gets less importance and space for
highlighting public cause gets squeezed. That’s why the activists and concerned
citizens have started using social media to fight for cause of the people. Blaming this media or that media with personal vendetta will no way solve any problem of the state.
Pradip Pradhan,
M-9937843482, Date- 13.9.15
51. Though delayed, after long battle
with corrupt Odisha bureaucracy RTI Activists achieved outstanding victory in ensuring justice to BPL people
and downtrodden masses
Right to Information Act which came into force on 12th October, 2005 has
mandate to enforce a
transparent and accountable governance system in the country
and giving right
to the Citizens to access the
information held by the Public
Authorities. As per section 7 (5) of the
Act, the BPL people are required not to pay any kind of fee i.e., fee for
application {section 6 (1) }, fee for
information {section-7(1)}, fee for information in electronic format
{section 7(5)}. But while framing the Rules i.e,
Odisha RTI Rules, 2005, the State Government made a provision ( Rule-4) of only making
application fee for BPL people free of cost while allowing other fees
like fee for information to be
collected from them. Though the
law is supreme, but the State
Govt. gave the direction to the officials to implement the law
following the illegal provisions of Odisha
RTI Rules. This arrangement made
by the State Govt. gave unbridled power
to the PIO to collect the fees from BPL people for information.
Though it
was illegal, the Odisha Information
Commission joined hand with State bureaucracy and
endorsed and ensured this
illegality by giving
direction to the PIOs to
collect from BPL people the fees for information.
Sri D.N.Padhi who is a corrupt
bureaucrat and joined as First Odisha Chief Information
Commissioner , while adjudicating
Complaint Case 11 and 12/2006
directed the BPL people to pay the fees for information violating section 7(5) of the
RTI Act. It was vehemently opposed by RTI Activists.
The Information Commission was publicly condemned for their act of
illegality. As Sri D.N. Padhi is man of
shrewd character, he, while hearing Complaint cases directed the BPL people to
pay the fees for information but did not mention it in proceeding of the
case. Under pressure from RTI
Activists, the Commission made a recommendation to State Govt. on 16.11.2007
to provide BPL people
information of 75 pages ( Rs.
150.00) free of cost. But the State Govt. did not give any importance to this
recommendation and continued with their
mandate to collect the fees from BPL people.
Campaign of RTI Activists
continued and exposing anti-BPL mindset
of Odisha Information Commission and State Government. In May, 2013, Sri
Jagadanandi Mohanty, then State Information Commissioner while addressing a Workshop on RTI in
Collectorate Conference Hall, Malkangiri
spoke about misuse of RTI by
non-BPL people who are seeking information
in the name of the BPL people to
get the information free of cost. A lot of complaints in connection of this
issue have come to the notice of the Commission. Sri Tapan Padhi, prominent RTI Activist who
was present there, then filed an RTI Application to the office of Odisha
Information Commission seeking information about details of Complaint Cases
filed about misuse of RTI quoting statement of Sri Jagadanand Mohanty. In response to RTI Application, the PIO said that there was no such information available in the Commission. The dangerous character of
Sri Jagadanand Mohanty to satisfy all illegalities of the State Government and
spreading misleading information in public domain was found true.
Campaign of RTI Activists took
a turn, when Sri Tarun Kanti Mishra, then State Chief Information Commissioner
while adjudicating a Complaint case No.
2028/11 gave direction to Sri Kunja Bikari Patra, BPL-Applicant and RTI
Activist of Nayagarh district to pay the fees for information, though he
pleaded to get the information free of cost under section 7 (5) of the RTI
Act. The direction of the
Commission was challenged by Sri Kunja
Bihari Patra in Odisha High Court.
While disposing the case ( W.P.C. No.-
4797/13) on 3.7.13, the High Court quashed
the decision of the Commission as illegal and directed the PIO to provide the
information free of cost in observance
of section 7 (5) of the RTI Act.
This is one step achievement
of RTI Activists to provide justice to the BPL people. This judgement was highlighted, largely
circulated and demanded to all the Public Authorities to provide information to
the BPL people free of cost. Being pressurised by the RTI Activists, the Odisha
Information Commission made a direction
to the State Govt. on 31.3.14 to issue notification observing direction of
Odisha High Court.
The corrupt bureaucracy
remained adamant and continued to
collect the fees from BPL people. Then, Sri Dhoba Sahu, BPL-Applicant and RTI
Activist of Kalahandi district who was denied the information free of cost , filed a Writ
Petition No. 12135/15 in Odisha High Court seeking direction
to State Govt. to provide all BPL people
the information free of cost. On
23.7.15, the High Court gave the direction to State Govt. to Comply
section 7 (5) of the RTI
Act. On 21.9.15, the State Govt. has
finally issued notification to all the
Public Authorities to provide the BPL people information free of cost.
Our battle for withdrawal of compulsory RTI
Application, illegal provision of
submission of proof of Citizenship at the time of submitting RTI Application is still going on and
the case pending in Odisha High Court.
Pradip Pradhan,
State Convener, Odisha Soochana Adhikar Abhijan , Date- 20.10.15
52. Disastrous situation of office of
Ombudsman functioning under MGNREGA in Odisha and Physical harassment and
mental torture of an Ombudsman by inept bureaucracy in Gajam district
On 23.3.15, Sri Sadanand Rao, retired OAS
officer who has been appointed as
Ombudsman in Ganjam district by the Govt. of Odisha on 28.11.13 to conduct
enquiries into complaints and grievances of the daily wage workers under MGNREGS ( Mahatma Gandhi National Rural
Employment Guarantee Scheme) filed
a complaint to National Human Rights Commission (NHRC), New Delhi stating
that after his appointment as
Ombudsman, no facility of accommodation
in the DRDA office, vehicle,
complaint Box, administrative
support staff had been given to
him. The Ganjam DRDA Authority had not
disbursed the legitimate sitting fees / remuneration of Ombudsman. He has been
harassed physically and tortured mentally by the officials of DRDA, Ganjam. He
has sought intervention of NHRC to dispense justice to him.
Acting on his complaint, NHRC
issued notice to the Chief Secretary, Odisha on dated 8.4.2015 seeking response on the Complaint filed by
Sri Rao (Case No. 2210/18/5/2015).
It deserves to be mentioned
here that Sri Rao has also written a letter in April 2014 to the Secretary,
Ministry of Rural Development, Govt. of India complaining about denial of
sitting fee/ remuneration to him and non-supply of administrative support staff
to function independently. The MORD
wrote letter twice i.e, dated 7.5.14 and 19.6.14 ( D.O. No. L-
11033/10/2010-MGNREGA-VII) to the Secretary, Department of Panchayat Raj, Govt.
of Odisha seeking action taken
Report stating that
“Non-payment of sitting fees to
an Ombudsman is a serious matter and may
severely impact the Grievance Redressal Mechanism
under MGNREGs”. But astonishingly, the State Govt. did not respond the
letter nor did provide any action Taken Report.
Abysmally failed to get
justice, Sri Rao, Ombudsman approached NHRC seeking Justice. The NHRC is yet to get ATR from the State
Govt. and continue to fix so many dates for hearing and disposal of the cases. Now,
on capacity as Advisor to NHRC, I
have sent a letter dated 12.11.15 to NHRC
seeking immediate disposal of the
said case and provide justice to
Sri Rao who is fighting for justice
since his joining as Ombudsman
from Nov. 13. It shows that how
the District Administration of Ganjam is creating all sorts of problem
and harassing him a lot and pressuring him tol leave the post.
What is Ombudsman?
Ombudsman is an Institution formed under section 27 of MGNREGA
consisting of one or up to three persons
functions as an independent grievance
redressal body at district
level to hear the complaints relating to
implementation of NREG Act and schemes made under the Act, direct the
appropriate authority for redressal, disciplinary and punitive action against
erring officials involved in
corruption ad irregularities in NREGS
work and dispense justice to NREGS worker. The Tenure of Ombudsman is two years and may be extendable upto one year by the selection Committee headed by
Chief Secretary keeping in view the performance of the Ombudsman. The sitting
fee of Ombudsman is fixed as Rs. 1000.00 per day.
The Process of appointment of
Ombudsman started in Feb 2010 after the order of the Central Govt dated 7.9.2009.
Following the guideline issued by the Central Govt., the State Govt. ensured appointment of Ombudsman in almost all districts in 2010 -11.
Present situation of Ombudsman in the Districts
On 9.2.15, RTI Application was
submitted to the PIO, Department of Panchayat Raj, Govt. of Odisha seeking
information about details of status of Ombudsman in Odisha. RTI Application was forwarded to all the
districts to provide the information. In the meanwhile, only 10 districts have
provided the information. These
districts are Baragarh, Bolangir, Rayagada, Dhenkanal, Kondhamal, Malkangiri,
Kalahandi, Jajpur, Khorda, Puri.
Details of Response of the
PIOs of DRDAs of the different districts
is as follows-
·
The post of Ombudsman is lying vacant in all the
districts since 2013.
·
The Collector, Baragarh has sent a letter to the
Dept. of Panchayat Raj recommending 3 names since August, 2014. But no step has
been taken by the Govt. to appoint Ombudsman.
·
On 30.6.14, the District Collector of Bolangir
had recommended three names to the State Govt.
for appointment in the post of Ombudsman. But no appointment has been made so far.
·
On 15.7.14, District Collector, Rayagada
had recommended two names for
appointment of Ombudsman to the Govt. But no appointment has been made in the
district.
·
On 16.8.13, the Collector of Dhenkanal district
had sent the name of three persons recommending for appointment in the post of
Ombudsman. But the post of the Ombudsman is lying vacant in the district.
·
No appointment has been made in the post of
Ombudsman, Kondhamal.
·
The post of Ombudsman In Malkangiri is still vacant since
29.9.2013.
·
Since 2014, there is no appointment in the post
of Ombudsman in Kalahandi district.
·
The post of Ombudsman in Jajpur district and
Puri district is lying vacant since 2013.
·
On 28.6.14, the Project Director, DRDA, Khorda
has sent only one name Bhabagrahi Mohapatra
to the State Govt. for appointment in the post of Ombudsman. But till
yet no appointment has been made.
·
There is no Ombudsman in Puri district.
Critical Comments
·
The system of Ombudsman is defunct across the
state. The Grievances with regard to implementation of NREGA is neither
addressed nor are the NREGA workers provided their wage payments within stipulated time period.
·
In the absence of effective grievance redressal
mechanism, the huge corruption, irregularities, denial of wages to the workers
are noticed throughout the state.
·
Wherever, Ombudsman has been appointed, they are
not provided accommodation, office, supporting staff by the
administration. They are also seen being
denied their remuneration. The plight of
Ombudsman of Ganjam as mentioned above
is the classic example.
·
This is the conspiracy of the BJD Govt. to
destroy all forms of
independent grievance redressal
mechanism in the state and to let
the corruption go on.
·
The system of Ombudsman needs to be restored at any cost bestowing all the powers to this Institutions to function
independently to provide
justice to the MGREGA Workers in the State.
Pradip Pradhan, M-9937843482, Date-13.11.15
53.
Rs.45 Crores spent for E-policing in Odisha
With much fanfare, the
Chief Minister of Odisha
inaugurated E-policing in Odisha in October 2015 declaring that hence the people will
find opportunity to file
complaint/FIR on-line to get
their cases registered in police
station. RTI Application was submitted
to the Department of Home, Govt. of Odisha seeking information about details of
decision taken with regard to E-policing in Odisha including copy of the file
noting, total fund sanctioned and expenditure made, the name of the agency given the responsibility for developing portal
et. The PIO, office of Ofisha Police
State Crime Records Bureau, Bhubaneswar supplied the information on 17.12.15
which is as follows.
A. No
file noting on decision taken about E-policing in Odisha is available in this office as Crime and criminal Tracking
Network & System (CCTNS) project is a Central Government sponsored Mission
Mode Project under the National E-Governance Plan which aims to fully
modernise the police organisation in the
country. CCTNS aims at creating a comprehensive and integrated system for
enhancing the efficiency and effectiveness of policing through adopting of
principle of e-governance and creating of a nationwide networking
infrastructure for evolution of IT enabled state-of-art tracking system around
“investigation of crime and detection of criminal”. Though this project, the
police will maintain all its crime and criminal date in online system. The
CCTNS is an effort to modernise the police force giving priority to information
gathering and its dissemination through police organisations and units across
the country. CCTNS would bring a paradigm change in the way investigation of
cases is monitored.
B. The
State Crime Records Bureau (SCRB), Odisha
Bhubaneswar has been designated
as the Nodal-cum-implementation agency in Odisha. A multi-tier
governance structure has been put in
place at state level to ensure
appropriate direction and
monitoring at all levels. CCTNS will cover 579 police stations, 166 Higher
Police offices, office of Commissionerate police, Crime Branch, EOW, STF, State
Intelligence Organisations, State Police Organisations, State police
headquarters of Odisha. Necessary hardware and software are being provided at
these locations & State Data
centre has been established at Odisha
Computer Application Centre ( OCAC) to
host the CCTNS application. All these
locations are connected by providing appropriate BSNL connectivity for data
transfer and sharing of information among various stake-holders. Digitalisation
of case records and other records of the police stations for the last 10 years is in progress.
C. Total
amount of Rs.49,76,15,000.00 fund
has been approved for Odisha
CCTNS project by the Central Government
out of which the Central Govt.
has sanctioned Rs. 35,36,36,000.00 and
state Govt. has allocated Rs.
10,08,21,091.00.
D. Rs.
30,29,59,028.00 from Central fund
allotment has been made expenditure for
the project work including developing
portal for the same under CCTNS project by the State Govt. Rs. 10,08,21,091.00 from State Fund allotment has been made
expenditure for the project work towards other critical components under CCTNS project.
E. M/S
NIIT Technologies Private Limited as
system integrator (SI) has been given
responsibility for implementation of CCTNS project through the bid process vide the contract signed on 12.7.2012 with a value of
Rs.42,71,00,000.00 for a period of 48
months for the work.
F. M/S
Deloitte Touch Tohmatsu India Private Limited
being empanelled stakeholder as
selected by the Ministry of Home Affairs (MHA)
to act as State Project Management Unit (SPMU) of the CCTNS
project, Odisha vide contract signed on 6.10.12. with a value of Rs. 3,63,38,980.00
for a period of 36 months.
G. Bharat
Sanchar Nigam Limited ( BSNL), India being signed Memorandum of Agreement (
MOA) by the Ministry of Home Affairs (
MHA) . BSNL, Odisha circle , Bhubaneswar has been give the responsibility of connectivity ( broadband) vide the service level agreement signed on 2.1.2012 for CCTNS project with a value of Rs.
4,40,98,604.00 for 48 months for the said work.
H. Details
of State Govt. fund allocation and expenditure
as on 30.10.15
|
Component |
Allotment (in Rs.) |
Expenditure made (in Rs.) |
Balance ( in Rs.) All surrendered |
|
Table &
Chair |
46,09,330 |
46,08,930 |
400 |
|
MS office
License |
1,60,48,000 |
1,60,07,294 |
40,706 |
|
Data
Digitization |
39,64,000 |
NIL |
39,64,000 |
|
Higher office |
9,84,000 |
6,00,788 |
3,83,212 |
|
EMS |
1,83,71,000 |
1,32,99,660 |
50,71,340 |
|
UPS |
60,80,000 |
50,84,960 |
9,95,040 |
|
Cisco Switch |
4,62,000 |
48,800 |
4,13,200 |
|
Networking |
2,72,16,000 |
27,01,959 |
2,45,14,041 |
|
Solar power |
6,57,23,700 |
5,84,68,700 |
72,55,000 |
|
Total |
14,34,58,030 |
10,08,21,091 |
4,26,36,939 |
I.
Details of Central fund allocation and expenditure as on 30.10.15
|
Component |
Allotment |
Expenditure |
Balance |
|
SPMC |
93,75,000 |
93,75,000 |
OO |
|
CB (Training) |
54,48,000 |
54,48,000 |
OO |
|
SI/SPMU |
29,52,09,000 |
24,26,72,589 |
5,25,36,411 |
|
Network |
97,04,000 |
97,04,000 |
00 |
|
Interest
earned |
1,84,10,174.85 |
18,59,439 (
for audit, SPMU, SMS-NIC_ |
1,65,50,735 |
|
Others |
|
|
2,50,000 |
|
Total |
35,36,36,000 |
30,10,99,589 |
6,93,37,146 |
Pradip Pradhan,
M-9937843482,Date- 24.12.15
54. Relocation and Rehabilitation of
Khadia Tribes in Asankudar village was made with consent of Tribals, says
District Administration of Mayurbhanj,Odisha
RTI Application was submitted to the PIO, office of the Field
Director, Similipal Tiger Reserve-cum- Regional Chief Conservator of
Forests, Baripada, Mayurbhanj
seeking information about details
of decision taken by the administration
for relocation of Khadia Tribe from Similipal Reserve area and rehabilitating them
at Asankudar under Thakurmuda
village of Mayurbhanj district,
total fund spent for it. The details of
the information provided by the PIO
dated 4.12.15 received on 12.12.15 is as follows.
On 30.3.13, the villagers
of Upper Barakamura sent a
letter to the Field
Director, Similipal Tiger Reserve-cum- Regional Chief Conservator of
Forests, Baripada, Mayurbhanj
appraising him about the problem,
deprivation of their children to get
education, denial of health services
etc. with request to to reloate them from Similipal and rehabilitate in Ranibhola
village of Hatigoda Gram Panchayat
under Thakurmunda Block.
On 13.4.13, the tribals of Bahaghar village made a
similar type of request to Field Director, Similipal Tiger Reserve to relocate
ad rehabilitate them in Ranibhola village of Hatigoda Gram Panchayat under Thakurmunda Block.
Then, Palli Sabha was
conducted on 14.11.13 where the villagers gave their consent to be
relocated to the site selected by them in Asankudar village
and all the villagers opted to
avail option-1 package as per N.T.C.A., New Delhi guideline.
On 18.11.13, the Joint Family
Survey was conducted by Revenue and
Forest officials where 22 families
of Upper Barakamura and 10
families of Bahaghar Settlements were
identified.
On 22.11.13, the matter was discussed in Project
Level Rehabilitation and
Resettlement Committee meeting . The
process of their relocation started in coordination with District Administration.
Total fund received and utilised
for relocation and rehabilitation
of core area villages of Similipal Tiger Reserve under State Plan, Central Plan and CAMPA from 1977-78 to 2014-15 as follows
( in Rs.)
|
Head of service |
Total fund received |
Utilised by Collector |
Utilised by FDSTR |
Grand Total |
Balance fund available with Collector, MBJ |
|
CSP |
90429388.90 |
80431937.10 |
4336067.80 |
84768004.90 |
5661384.00 |
|
State Plan |
18700000.00 |
8848555.00 |
650000.00 |
9498555.00 |
9201445.00 |
|
CAMPA(W.L) 2014-15 A.P.O. |
3,50,00000.00 |
3,50,00000.00 |
0 |
3,50,00000.00 |
0 |
|
Grand Total |
144129388.90 |
124280492.10 |
4986067.80 |
129266559.00 |
14862829.00 |
|
Funds provided by DRDA,
Baripada |
1900000.00 |
1900000.00 |
0 |
1900000 |
0 |
|
Funds provided by DRDA,
Baripada |
663400.00 |
700263.00 |
0 |
700263.00 |
-36863.00 |
7. Rs. 10,00,000/- paid to each family of Upper Barakamura and Bahaghar village
of Similipal Tiger Reserve under Option 1 of N.T.A. Guideline.
8. For relocation of 32
families of Upper Barakamura
and Bahaghar settlement villages , Collector, Mayurbhanj has paid
Rs. 3,20,00000.00 @ Rs. 10.00
lakh to each family as
package amount out of the amount
deposited by the Similipal Tiger Reserve
Authority with the Collector,
Mayurbhanj
9. Besides that the District
Administration provided the
following items to the relocation and rehabilitation of tribals in Asankudar.
a. 10 decimal homestead land provided to each
family.
b. One house to each family
allotted under Mo Kudia Scheme.
c. Free food grains provided
to each family.
d. Health and Aganwadi
facilities provided at Asankudar
e. Two no. Tube well s have
been dug out at Asankudar
f. Electricity connections
provided to each household
g. One NGO namely Indian
Grameen Service have been engaged for hand holding support for enhancement of their livelihood option.
Pradip Pradhan, M-9937843482, Date- 31.12.15
55. Farmers’ Suicide in Odisha
In view of
coverage of Farmers’ Suicide in
different part of Odisha by Mass
Media, many Civil Society Organisations, Political parties have expressed their
concern and reacted strongly in form
of public protest, condemning
the inefficiency of the
Govt. by organising press meet,
holding public hearing, making person
visits to the affected families
to ascertain fact, raising the
issues relating to agriculture,
irrigation, private money lending,
exploitation by Non-Banking Finance
Institutions etc. It has been given due coverage in print media.
The said information has been compiled and presented for reference
of the readers.
Details of issues relating to
farmer’s suicide, Reaction and Comments given by State Government, Political
Parties, Civil Society Groups in Print
and Electronic Media.
|
Date |
Issues/Items |
Reaction/Comments |
|
|
Farmers Suicide: How far
true or false? |
Sambada conducted a
fact-finding on suicide of Sanatana Mirza of Dhenkanal and found that
crop-damage and poor-financial condition are the reason for suicide. |
|
3-12-2015 |
None of the farmers
committed suicide due to crop-damage or Loan |
Shri Bijayashree Routray,
Revenue Minister in Assmbly in the question hour session gave the statement
that no farmer has committed suicide under the burden of crop-damage or loan
on 2-12-2015. |
|
2-11-2015 |
A storm raised regarding
farmer’s suicide where opposition leader Narasingha Mishra has accused the
Government of provoking farmer’s to commit suicide and now the Government is
scared to face the reality. |
Damodara Rout, Minister,
Co-operative Department on behalf of Government stated that Farmer’s are
being provided various facilities like Agriculture Loan, Irrigation,
Electrification for the purpose of irrigation but Narasingha Mishra blamed
the Government that due to bogus promises of Government, the farmer’s are
committing suicide. |
|
16-11-2015 |
Extension of Loan-repayment
period to 5years for the drought-affected farmers |
“NITIDINA” News-paper had reported
that Government of Odisha has extended Loan-Repayment tenure from 2years to
5years particularly for the farmers of drought-affected region issuing order
through letter to Co-operative Banks and other Bankers. |
|
16-11-2015 |
Bijaya Mohapatra, a Member
of BJP’s National Executive Committee has accused Government of doing
Farmer’s convention on the corpses of farmers. |
A report published in
“NEETIDINA” reflected the anguish of Bijaya Mohapatra who felt shocked and
shattered that when maximum farmer’s suicide happened in Bargarh district so
what was the intention of Government to organize a farmer’s convention on the
grandeur of election-campaign. |
|
16-11-2015 |
Pradip Pradhan, State
Convenor, Right to Food Campaign,Odisha urged the Government to accept the
plain truth regarding farmer’s suicide. |
In an Article published in a
leading News-Paper, Pradip Pradhan had slammed the report of Sarat Chandra
Panda, Sub-Collector, Bolangir and Patanagarh, Collectors of other Districts
and Tahasildaras in which they stated
that other reasons not crop-damage and burden of loan effected farmer’s
suicide. |
|
4-15-2015 (SAMAJA) |
Prabhasa Mishra, a Social
Activist has written an Article, “Farmers’ Suicide: the dodged questions”. |
In a thread-bare article
published in “Samaj”, Prabhasa Mishra had presented a clear-cut picture of
status of Agriculture in Odisha and attributed reasons like Farmer’s problem
and weak Government Policy measures were the root-cause of Farmer’s suicide. |
|
30-11-2015 (SAMBADA) |
In an article published in
‘SAMBAD’, Mahameghabahana Airya Kharabela Swain had suggested various
measures to save farmers from the trappings of farmers’ suicide. |
In an Article published in
‘SAMBAD’, Kharabela Swain had suggested some proposals stemmed from his
experience and he blamed the policy lacunae of both Central Government and
State Government the prime-reasons of farmer’s suicide. |
|
1-12-2015 (SAMBADA) |
“Farmer’s Suicide vis-à-vis
Government Convention”, A Article of Saroj published in “SAMBAD”. |
In an Article published in
“SAMBAD”, Saroj had criticized the BJD Government for organizing a grand
convention incurring expenditure of Rs10crore from state-exchequer is nothing
but a smoke-screen to divert the real-issue of farmer’s suicide. |
|
1-12-2015 (SAMBAD) |
“34% of electricity is
mis-utilized, Only 1.44% Electricity is reserved for Agriculture and
Irrigation and 1.53% Electricity
reserved for Drinking Water” as stated by Pranab Prakash Das, the Energy
Minister. |
In a reply to question asked
by Dillip Ray, Pranab Prakash Das, Energy Minister had replied that only
1.44% of Electricity is consumed for Agriculture sector. The rest of
electricity is supplied to Companies and other sector. |
|
23-11-2015 (Prameya) |
Govt. of Odisha has demanded
a package of 1,687 as drought compensation for Odisha from Central
Government. |
The Government of Odisha has
sent the current Drought-Severity Report to Central Government demanding
Rs1,687crore as drought-compensation. |
|
23-11-2015 (SAMAJA) |
Congress Party,Odisha had
released a White-Paper on “Farmer’s Suicide” putting the blame on Govt. of
Odisha for farmer’s suicide to which Government replied that “Damaged Crops
and burden of Loan” were not the reasons behind farmer’s suicide. |
Congress Party had put a
White-Paper on distress drought condition of Odisha shifting the entire blame
on Government of Odisha. Government of Odisha had retorted the allegation
leveled were absurd and baseless. Congress party had slammed the double-standard
of Govt. of Odisha stating that in one hand Government was stating that “Loss
of Crop” and “Loan-Burden” weren’t the reason for farmer’s suicide but on the
other hand, the Government was soliciting a drought-compensation of
Rs1,687crore which was nothing but a covert attempt of Government to hide the
truth. |
|
24-11-2015 (Times of India) |
The Government of Odisha
moves centre seeking a Drought-Package of Rs1,700crore. |
The Govt. Of Odisha through
a submission of Memorandum had solicited a Drought-package of Rs1700crore but
an interesting paradox was the Government had mentioned that Farmer’s had not
died due to “Loss of Crops” in the report in the same-breath. |
|
24-11-2015 (SAMBAD) |
Government had turned a
blind-eye to the plight of farmers
despite admitting the impact of drought-severity. |
Pradeep Mohapatra, Special
Relief Commissioner of Govt. Of Odisha had admitted the Drought-Severity in
Odisha but stated that it couldn’t be linked to Farmer’s suicide as the
reports of Collectors of various districts indicated that farmer’s had not
committed suicide due to “Loss of Crops”. |
|
10-10-2015 (SAMBAD) |
Again three numbers of
farmers died. |
A fact-finding study
conducted by Journalists in Pahadashreegida village of Atabira block Baragarh
district, Jujumara block of Sambalpur District and Kesinga block of Kalahandi
district had revealed that Ujagara Gumura of Pahadashreegida village of Atabira
block, Sanatana Mirdha of Jujumara block, Sambalpur and Uanshu Meher of
Kesinga block, Kalahandi had committed suicide. |
|
10-10-2015 (Prameya) |
The death-toll of Farmers is
on rise |
A team comprising leaders of
B.J.P had visited drought-affected area of Odisha and blamed the Government
on issue of Farmer’s suicide based upon the data-collected. |
|
15-11-2015 (Sambada) |
“Again death of three
farmers” is the data collected by Journalists. |
A fact-finding conducted by
Journalists had reported that during 13-11-2015 to 14-11-2015 within a span
of 24hours, 3 numbers of Farmers had committed suicide. |
|
14-11-2015 (Sambada) |
“A warning to Government not
to throw water on Farmer’s agitation”-Paschima Odisha Farmer’s Protection
Coordination Committee. |
An Agitation March was
organized by Paschima Odisha Krushaka Surakhya Samanaya Samiti in Baragarh
dated on 9-11-2015 where Government was warned not to spoil the spirit of
Farmer’s agitation march. |
|
17-11-2015 (Prameya) |
Naveen Pattnaik is terribly
annoyed and told Pramila Mallick to beg apology otherwise there wouldn’t be
any mercy on her. |
Naveen Pattnaik, CM of
Odisha was vividly angry and upset over the statement of Pramila Mallick who
told that, “incidents of Farmer’s committing suicide due to crop-loss are
false and fabricated and instead they should be given immortal Sweets to
conquer over death-fear.” An inside report stated that Naveen Pattnaik was so
flabbergasted that he ordered Pramila Mallick to beg apology to farmer’s for
her irresponsible statement otherwise there would be no apology from
Government for Pramilla Mallick. |
|
17-11-2015 (Samaja) |
Grant of Loan particularly
for drought-affected Farmers in Kharif Season as ordered by Secretary,
Agriculture to Managing Director of Bank. |
Manoj Ahuja, Secretary,
Agriculture, Government of Odisha had ordered Bank-Managing Directors to
provide loans for Rabi-season to exclusively for those Farmers who had been
affected by severity of drought. |
|
17-11-2015 (Times of India) |
Opposition Parties like BJP
and Congress are afraid that BJD’s Farmer’s Rally may back-fire. |
The Farmer’s Convention
supposed to be organized on 19-11-2015 at Sohela of Baragarh is believed to
be morally-weak and opposition parties like BJP and Congress apprehend that
the move by BJD in sheer-desperation to show the solid backing of Farmers
behind it may backfire due to simmering discontent of Farmers for BJD
Government. |
|
11-11-2015 (Prameya) |
Prameya had reported that
two numbers of Farmers had died in Jharigaon. |
As reported by PRAMEYA, two
numbers of farmers had committed suicide in Umarakota area. |
|
17-11-2015 (Times of India) |
3 more debt-ridden farmers
end-lives, toll now over 100 as stated by Women Congress,Odisha |
Launching a stiff protest
against the “Immortal Sweet” comment of Pramilla Mallick, the Women Congress
of Odisha had burnt the effigy of Pramila Malllick and simultaneously
ridiculed B.J.D invoking it to launch a “Immortal Sweet” scheme. |
|
18-11-2015 (Prameya) |
Fed her immortal sweet, then
burnt the effigy. |
“Odisha Civil Society Forum”
had protested “Immortal Sweet” comment of Pramila Mallick tooth and nail and
burnt her effigy at Gandhi Marg after feeding her “Immortal Sweet”. |
|
18-11-2015 (Prameya) |
The report of Government
reflected that 16,000 villages in Odisha are drought-affected. |
21 Districts, 139 blocks and
16,000 villages of Odisha had been drought-affected as reported by Govt. of
Odisha. |
|
18-11-2015 (Prameya) |
Another farmer lost live and
attempt made to hijack the incident to which Congress-Party had protested
before Police-Station. |
In Puruna Pani village of
Khristimaguda belonging to Nandahandi block of Nabarangpur, Labanya Jani had
committed suicide reacting to which Congress-Party had conducted a
Road-blockade and protested before Police-Station. |
|
18-11-2015 (SAMBADA) |
M.P creates trouble for
BJD-The statement of Prasana Pattasani. |
The Farmer’s convention at
Sohela organized by BJD had been criticized by it’s own M.P, Prasanna
Pattasani for which the party had condemned the statement of Prasanna
Pattasani. |
|
18-11-2015 (SAMBADA) |
Another two number of
Farmers had committed suicide. |
Due to current acute
drought-situation, SAMBADA had reported that 2number of Farmers in Sambalapur
and Nabarangpur districts had committed suicide. |
|
18-11-2015 (SAMBADA) |
Civil Society Organization
had burnt the Effigy. |
The Effigy of Pramila
Mallick had been burnt by Civil Society Organization who sarcastically
commented that Farmers should be fed “Immortal Ladhu” making a mockery of
Farmer’s suicide incidents. |
|
15-11-2015 (SAMAJA) |
Minister had to face
untoward situation as members of “Naba-Nirmana Krushaka Sangathana” slept
before the Car of the Minister. |
Pradeep Maharathi, Minister
of Agriculture was supposed to grace “Ghadimula Child-Festival” in
Jagatsinghpur but he he was stalked in the way by members of “Nabanirmana
Krushaka Sangathan” who slept in front of his Car as a Mark of Protest
implying the role of Minister in Farmer’s suicide episode was pivotal. |
|
15-11-2015 (Samaja) |
The air is thick with the
allegation that Farmers had committed suicide under the burden of Loan. |
Due to acute Drought
resulting in “Loss of Crop” and “burden of Loan-repayment” had forced
Jigarana Bangali, the farmer to commit suicide by drinking poison in
Khadianga Panchayat of Pattamundai block of Kendrapara. |
|
15-11-2015 (Samaja) |
The Women-Farmer who
committed suicide. |
Rebati Majhi, a Woman Farmer
in Kusumkhunta village of Borenga G.P of Boden Block, Nuapada had committed
suicide. |
|
19-11-2015 (Times of India) |
“BJD to highlight the Sops
offered by it to Farmers at Sohela Rally”-Surya Narayan Patra,
Vice-President, BJD. |
Naveen Pattnaik had
organized a Farmer’s convention at Sohela, Baragarh to save his face from the
slur of Farmer’s suicide so that Party’s credential as Pro-farmer Government
would be fortified. |
|
19-11-2015 (PRAMEYA) |
Naveen Pattnaik, Chief
Minister, Odisha had ordered stern action against Money-Lenders. |
The recent spate of Farmer’s
suicide incidents had forced Naveen Pattnaik to wake-up from his slumber
ordering the Collectors to provide relief to farmer’s in drought-affected
areas and initiate stern action against Money-Lenders who were providing loan
to Farmer’s at exorbitant rate of interest. |
|
19-11-2015 (SAMBADA) |
“The sweet of
Arrogance”-Soumya Ranjan Pattnaik. |
Soumya Ranjan Pattnaik of
SAMBAD had termed the “Immortal Ladhu” comment of Pramilla Mallick as the
“Height of Arrogance” by writing in detail in an Article published in
“SAMBADA” Newspaper. Launching a scathing attack on Government in his Article
Soumya Ranjan Pattnaik had accused the Government of beating about the bushes
to hide it’s own weakness though Government was fully aware of the fact that
Farmer’s had committed suicide owing to the fact “Loss of Crop” and “Burden
of Loan-repayment.” |
|
18-11-2015 (Sarbasadharana) |
Effigy of Pramila Mallick
was burnt and Civil Society conducted a protest March seeking eviction of
Pramila Mallick from the Party. |
Taking a strong exception to
the comment of Pramila Mallick, The M.L.A, BJD, the Civil Society
Organization of Odisha had burnt the effigy of Pramilla Mallick as a mark of
stiff protest. |
|
19-11-2015 (Pioneer) |
Civil Society Body protests
“Immortal Ladhu” comment. |
Civil Society Organization
of Odisha had condemned the “Immortal Ladoo” statement of Pramilla Mallick
demanding her eviction along with eviction of Pradeep Maharathi, Agriculture,
Minister from the Party. |
|
18-11-2015 (Parjyabekhaka) |
On issue of “Immortal
Ladoo”, the effigy of Pramila Mallick was burnt. |
Civil Society Organization
of Odisha had condemned the “Immortal Ladoo” statement of Pramilla Mallick
demanding her eviction along with eviction of Pradeep Maharathi, Agriculture,
Minister from the Party |
|
19-11-2015 (SAMBADA) |
Agriculture Minister was
denied access to Agriculture Convention. |
On 19-11-2015, a Farmer’s
convention had been organized in Sohela of Bargarh where Pradeep Maharathi,
Agriculture Minister, Damodara Rout, Co-operation Minister, Bijayashree
Routray, Revenue Minister and Nagendra Pradhan, MP, Sambalpur had been denied
permission to attend the Convention from the office of the Chief Minister
because they partly admitted the onus of responsibility of Government in
Farmer’s suicide cases. |
|
19-11-2015 (SAMAJA) |
Controversial Statements of
Ministers put Government in dock. |
A host of Ministers of BJD
Government had made controversial statement relating to Farmer’s suicide for
which matter spiraled down bad to worse for BJD Government for which Chief
Minister had expressed displeasure over these Ministers. |
|
17.12.15 ( TOI) |
Widows real victims of
Farmers’ Suicide |
Cover Story made by Times of India about
sorrows and sufferings of the widows whose husband –farmers committed
suicide due to crop loss and loan burden. Three widows i.e, Osmati Kaudia of Kundra Block of
Koraput district, Koushalya Ada of Boden Block of Nuapara district and Sukeshi Nayak of Sukruli Block of Mayurbhanj district presented
their agonies in a Public Hearing on Farmers suicide organised by Civil society Groups in Bhubaneswar on 13.12.15 |
|
25.12.15 ( Sambad) |
Farmers’ Narrative |
This is an article written by Das Benuhur, famous
Columnist who has made very in depth
analysis from various perspective how the farmers condition is terrible and the
callousness of the administration
to understand the precarious
condition of agriculture in the state. |
Pradip Pradhan, M-9937843482, Date- 11.1.16
56. Outstanding Judgement of Child
Welfare Committee, Khurda of Odisha to ensure and enforce protection of
Children- A Big Slap on the Face of Odisha Child Rights Commission
On 13.2.16, while disposing a Complaint Case
No. 279/2016 filed by Pradip Pradhan,
Odisha Soochana Adhikar Abhijan vs
Principal of Bhubaneswar Model
Public School @ Takshila School, N5/A, 1698, IRC Village, Bhubanneswar-15, District Child Welfare Committee, Khurda ( A
Bench of Judicial Magistrate ( First
Class) had issued order to so many authorities i.e, the Principal of the School, District
Education Officer, Khurda, Director,
CBSE, New Delhi, District Child Protection Officer, Khurda, Secretary,
Department of School and Mass Education,
Govt. of Odisha, to take immediate
measures to get the two Children Suchismita Nayak and Srikant Auropratik restored back to Class-IX in the School and initiate legal
action against the authority of the School as per section 17(1) of Right to
Education Act and the school authority to be
liable for punishment u/s 17 (2) of the Act and section 23
of Juvenile Justice ( Care and Protection of Children )
Act 2000. CBSE, New Delhi has also been
directed to allow Srikant Auropratik of
the School to register for HSC
examination in 2016-17 academic
year.
This Complaint Case was
filed in CWC, Khurda in the backdrop of failure of Odisha Child Rights
Commission to ensure justice to
Srikant Auropratik, student of Class-IX
who was tortured, physically harassed and forcibly driven out by the Principal of Bhubaneswar Model School. On 3.11.15, the Parents approached the Odisha
Child Rights Commission by filling complaints levelling details of allegation,
mental torture, and harassment caused to their son and seeking quick justice
for their child. Ms. Rajalaxmi Das, Member, OSCPCR registered the case (Case No.-810/15 ) on 4.11.15, initiated the enquiry and conducted hearing twice and remained silence for unknown period without giving any final decision. Even the Commission did not provide the
proceedings of the hearing making it as
complete farce. Being pretty aware about
unholy alliance between Child Rights Commission and the School Authority and the Commission
working under the influence of vested groups, Sri Pradip Pradhan filed the case
in Child Welfare Committee, Khurda on 9.1.2016
with prayer for immediate relief to the Children.
The Child Welfare Committee,
Khurda has observed that both the Children Srikant and Suchismita are
the victims of the wilful mental violence
of the school authority and are
compelled to be out of the school. The
School Authority has wilfully neglected both the children which caused these
children unnecessary mental
suffering and caused Srikant physically
suffering.
We are still waiting the order of Odisha Child Rights
Commission which claims a competent authority
to provide protection to the Children. The process has been initiated to
monitor the functioning of Odisha Child
Rights Commission through RTI which will be exposed very soon.
Pradip Pradhan, M-9937843482, Date-14.2.16
57. Odisha Child Rights Commission- A
proven Trojan Horse
Srikant Auropratik, son of
Prakash Ch. Nayak and Mrs. Amita Subhada
( M-8763790311) , a Class-9 student was
physically tortured, humiliated and
mentally harassed ( scolding and misbehaving) by the authority of Takshashila Model School, IRC Village,
Nayapalli, Bhubaneswar and suddenly
dropped to Class-VIII in the middle of the year on the ground of bad performance. When the
parents asked for Progress Report of
the child, the authority of the
school continued to ignore their
request till yet. The parents were also
threatened to take back to other schools without citing any ground. Though the
parents appraised the authority
that “no school was ready to take student in mid-session as CBSE
registration has completed”, the authority remained adamant and asked
the parents to take the children back. Ultimately,
Srikant Auropratik was humiliated and suffered from mental
depression and forced to leave the
school on 29.10.15.
Then, on 2nd
Nov.15, the parents filed the petition before Secretary, School & Mass Education,
Govt. of Odisha on Grievance day and
explained the harassment and handed over the petitions and the documents. The
Secretary immediately issued order to Director, secondary Education and
Director, Elementary Education for necessary action so that child is not
dropped out. But astonishingly, after
one month, the Director, Elementary Education ordered enquiry into the matter
and directed DEO, Khurda and BEO, Bhubaneswar to look into the matter and
report back within 7 days. (GRC Application No: 269/2850/15, DEO. Khurda letter
No: 21125 dated 4th December, 2015).
On 13.1.16, the Assistant Block Education Officer introducing him as
Inquiry Officer made a call to the parents and sought the information. Though three months passed, no step has been
taken by the administration to get the child admitted in the school.
Then, on 3.11.15, the Parents approached the
Odisha Child Rights Commission by filling complaints levelling details of
allegation, mental torture, harassment caused to their son and seeking quick justice for their child.
Ms. Rajalaxmi Das, Member, OSCPCR
registered the case ( Case
No.-810/15 ) on 4.11.15 and initiated
the enquiry. The details of enquiry
is as follows.
On 12.11.15, the Commission
heard from the Child and father ,but did not
allow the Mother to be heard,
though she was involved in the case and victim
of the rough behaviour of the authority of the school.
After around one month on
10.12.15, the two-member Commission heard the case inviting both the parties.
Interestingly, the Commission did not allow the representative of the
petitioner to plead their case, in spite of several requests.
On 16.12.15, the Commission
again issued notice for hearing of the case.
The petitioners approached the Commission to allow their representative
to plead the case. While the Commission turned down the request of the
petitioner, but allowed the representative of the School Authority. The Case was heard and nothing happened.
The Commission verbally told
the parents that the case to be heard on 28th Dec.15. But the
hearing was abruptly postponed and no communication was made to the
petitioner. Till yet, the Commission has neither issued any interim order nor any final decision of the case. The parents are still waiting to
get justice. Though the parents
requested the Commission to give them the proceedings of the hearing, it was
denied to them. The Commission is hanging the case without giving any final decision. It is proved that the
members of the Child Rights
Commission are acting as agent of Private Schools at the cost of
the interest of the child.
Pradip Pradhan, M-9937843482, Date- 14.2.16
58. Total 30,000 Acres of Land of
Jagannath Temple under Encroachment in Odisha
As on 31.3.15, RTI Application was submitted
to the Jagannath Temple Administration seeking information about total acres of land belonging to
Jagannath Temple and land under encroachment
in different districts. The
information supplied by the PIO is as follows.
Position of Record of Rights (R.O.R) in the name of Shree Jagannath Temple ,
Puri as on 31.3.15
|
Sl.No. |
District |
Total land detected ( In
Acres) |
Total R.O.R. received |
Balance to be received ( In
Acre) |
|
1 |
Puri |
17,071.212 |
9,352.429 |
7,718.783 |
|
2 |
Khurda |
28,601.735 |
13,908.202 |
14,693.533 |
|
3 |
Cuttack |
3,173.278 |
2,051.460 |
1,121.818 |
|
4 |
Angul |
117.840 |
55.636 |
62.204 |
|
5 |
Dhenkanal |
214.174 |
212.564 |
1.610 |
|
6 |
Balasore |
866.960 |
352.335 |
514.625 |
|
7 |
Bhadrak |
2,921.630 |
861.030 |
2,060.600 |
|
8 |
Kendrapara |
1,175.897 |
563.009 |
612.888 |
|
9 |
Jajpur |
836.155 |
174.500 |
661.655 |
|
10 |
Jagatsingh Pur |
701.019 |
569.220 |
131.799 |
|
11 |
Nayagarh |
268.860 |
166.590 |
102.270 |
|
12 |
Ganjam |
2,864.311 |
1873.575 |
990.736 |
|
13 |
Baragarh |
38.730 |
4.170 |
34.560 |
|
14 |
Sambalpur |
9.260 |
7.760 |
1.500 |
|
15 |
Balangir |
52.040 |
14.190 |
37.850 |
|
16 |
Gajapati |
33.977 |
14.190 |
37.850 |
|
17 |
Rayagada |
17.460 |
3.290 |
14.170 |
|
18 |
Koraput |
18.820 |
18.820 |
00000 |
|
19 |
Subarnapur |
1.000 |
0.980 |
0.020 |
|
20 |
Keonjhar |
12.020 |
0.000 |
12.020 |
|
21 |
Mayurbhanj |
57.970 |
0.000 |
57.970 |
|
22 |
Sudaragarh |
45.450 |
0.000 |
45.450 |
|
23 |
Kalahandi |
27.260 |
27.260 |
0.000 |
|
|
Total |
59,127.058 |
30,231.205 |
28,895.853 |
Pradip Pradhan, M-9937843482, Date-4.3.16
59. Fiduciary
Relationship under RTI Act
One of the reasons for
declining information is fiduciary relationship.
Section 8(1)(e) of RTI Act
2005 reads as under: Notwithstanding anything
contained in this Act, there
shall be no obligation to give any citizen,-
“Information available to a
person in his fiduciary relationship, unless the competent authority is
satisfied that the larger public interest warrants disclosure of such
information”
Black’s Law Dictionary describes a fiduciary relationship as “one founded
on trust or confidence reposed by one person in the integrity and fidelity of
another.”
To qualify for information as held under fiduciary
relationship, it should have following ingredients:
1. Information should have been given to public authority
voluntarily by the giver of information. Giver must have choice whether to give
or not and to whom it should be given.
2. Information should not have been given to public
authority under compulsion or compliance of any law or rule.
3. Information should have been given to public authority
for using it for the benefit of its giver.
4. Information should have been given in utmost trust, confidence and
faith by giver in the receiving public authority.
Some of the
examples of fiduciary relationship are:
Litigant-lawyer, patient-doctor, investor-financial
advisor, client-bank, beneficiary-trustee, ward-guardian, attorney-principal,
director-shareholder parent-child, insured-insurer etc
Following information held by public authority of third
party cannot be said to be held in fiduciary relationship if:
A. It is given to public authority under compliance of
any law or rule [e.g. Income Tax Act, customs act, VAT, etc].
B.Giver has no choice but to give information to public
authority.
C. Information is not given voluntarily by giver to
public authority.
D. Information was not to be used for the benefit of
giver by public authority.
E. information is
not given in trust, confidence and faith in public authority.
E. it is in larger public interest to disclose, even if
held under fiduciary relationship.
Important CIC decisions & judgements on fiduciary
relationship:
i] CIC/AT/A/2008/01238 dated 07-06-2010
ii] CIC/SM/A/2010/001634/SG/14617 dated 15-09-2011
iii] CIC/SM/A/2011/001376/SG/15684 dated 15-11-2011
iv] Judgement dated 30-08-2010 of High Court of Kerala at
Ernakulam in
WP(C).No. 6532 of 2006(C) -1. TREESA IRISH, W/O.MILTON LOPEZ Vs CENTRAL PUBLIC INFORMATION OFFICER
v] Judgement of Full Bench of High Court of Delhi, in Secretary
General Supreme Court of India V Subhash Chandra Agarwal, L.P.A. No. 501/2009.
The above material can be used in first or second appeal.
Compiled by: J P Shah, 9924106490 jpshah50@yahoo.co.in on
07-08-2012
Pradip Pradhan, M-9937843482,
Date-5.3.16
60. CSR Fund earmarked and utilized by NALCO in Odisha
RTI Application dated 26.12.15 was submitted to NALCO,
Corporate Office, Bhubaneswar seeking information about details of fund
earmarked under CSR ( Corporate Social
Responsibility) from 2009-10 to 2015-16 , funds given to different
organizations for advertisement, details of fund spent by NALCO for press meet etc. The information provided by the PIO
on 15.2.16 is as follows.
Total fund earmarked under CSR
by NALCO from 2009-10 to 2015-16
|
Financial Year |
Total fund earmarked under CSR
by NALCO ( In Lakhs) |
|
2009-10 |
1272.00 |
|
2010-11 |
1628.00 |
|
2011-12 |
2139.00 |
|
2012-13 |
1699.00 |
|
2013-14 |
1186.00 |
|
2014-15 |
2014.00 |
|
2015-16 |
2624.00 |
Details of fund given
to different organizations for
advertisement by NALCO
|
Year |
No. of Organisations |
Amount provided under
Complementary advts |
|
2009 |
191 |
Rs. 62,64,972.00 |
|
2010 |
336 |
Rs. 1,02,37,225.00 |
|
2011 |
354 |
Rs.1, 08, 86,844.00 |
|
2012 |
427 |
Rs. 1,47,46,065.00 |
|
2013 |
475 |
Rs. 2,16,30,922.00 |
|
2014 |
483 |
Rs. 2,34,59,208.00 |
|
2015 |
530 |
Rs.2,81,79,850.00 |
Details of fund spent towards press meet organized by NALCO
with location of press meet
|
Year |
Amount allotted for Press Meet |
Location |
|
2009 |
Rs.2,65,000.00 |
Bhubaneswar |
|
2010 |
Rs.2,50,000.00 |
Bhubaneswar |
|
2011 |
Rs.4,00,000.00 |
DO |
|
2012 |
Rs.4,00,000,00 |
DO |
|
2013 |
Rs.4,00,000.00 |
DO |
|
2014 |
Rs.5,00,000.00 |
DO |
|
2015 |
Rs. 5,50,000.00 |
Bhubaneswar |
Pradip Pradhan, M-9937843482 ,
Date-5.3.16
61. Allotment of land to Educational Institutions by
G.A. Department in Bhubaneswar, Capital City of Odisha
While replying the Unstarred Question ( U.D.936) raised by Sri
Krustan Chandra Sagaria, MLA, Koraput,
Sri Nabin Patnaik, Chief Minister, Odisha has provided the following
information in Assembly on 21.3.2016 about details of land allotted to Private Schools in Bhubaneswar.
|
Sl.No |
Name of the
School |
Area allotted ( In Ac.) |
Mouza/Unit |
Premium
charged |
|
1 |
Convent Shool |
8.000 |
Bhoi Nagar |
Free of
premium |
|
2 |
D.A.V. School |
8.820 |
Nayapalli |
Free of
premium |
|
3 |
D.A.V. School |
3.000 |
C.S.Pur |
Free of
Premium |
|
4 |
D.A.V. School |
3.000 |
Pokhariput |
Free of
Premium |
|
5 |
D.A.V. School |
2.000 |
Ghatikia |
Rs.
25,00,000.00 |
|
6 |
Sri Aurobindo
Sanskrutik Sansad for School |
7.000 |
Baramunda and
Jagamara |
Free of
Premium |
|
7 |
Lion Club for
English Medium School |
3.576 |
BJB Nagar |
Free of Premium |
|
8 |
Kindergarten
Nursery School |
1.000 |
Bapuji Nagar |
Free of
Premium |
|
9 |
Ruchika
Nursery School |
1.000 0.260 |
Ganga Nagar Addl.Land |
Free of
Premium Rs.
2,60,000.00 |
|
10 |
Children
Centre of Integral Education |
0.500 0.177 |
Bhoi Nagar Addl.Land |
Free of Premium 3,54,000.00 |
|
11 |
Tiny Tots
Eng. Medium School |
0.250 |
Kharavela
Nagar |
Free of
premium |
|
12 |
Society of
Sister’s St. Joseph’s Annency, Bhubaneswar |
3.000 |
Jokalandi |
Free of
Premium |
|
13 |
Loyala
Education of Society |
12.000 |
Jayadev Vihar |
Free of Premium |
|
14 |
Open Learning
System |
0.965 |
Gadakana |
Free of
Premium |
|
15 |
Sanskrit
Foundation Trust ( P) Ltd. for Model Public School |
0.930 |
Jayadev Vihar |
Free of
Premium |
|
16 |
Stewart
School |
20.000 |
Paika Nagar |
Free of
Premium |
|
17 |
Happy Hours
English Medium School |
1.000 |
Sahid Nagar |
Free of
Premium |
|
18 |
Mohamedian
Community for Madrasa School |
0.500 |
Pokhariput |
Free of
Premium |
|
19 |
Satyasai Seva
Samiti ( Now used as Girls School) |
1.698 |
Kharavela
Nagar |
Free of
Premium |
|
20 |
Guidance
English Medium School |
1.000 |
Dumduma |
Free of
Premium |
|
21 |
Gopinath Dev
High School |
3.000 |
Rasulgarh |
Free of
Premium |
|
22 |
Managing
Committee, Jgarapada M.E.School |
1.630 |
Jharapada |
Free of
Premium |
|
23 |
Saraswati
Sisu Mandir |
1.000 |
Gopabandhu
Nagar |
Rs.
50,00,000.00 |
|
24 |
Vivekananda Sikhya
Kendra |
0.492 |
C.S.Pur |
Rs.
12,31,462.00 |
Pradip Pradhan,
M-9937843482, Date-2.4.16
62. Allotment of land to Temples and Mathas by G.A.
Dept. in Bhubaneswar, Capital of Odisha
On Assembly Question raised by
Sri Krustan Chandra Sagaria, MLA, Koraput,
The Chief Minister has provided
the following information about
details of land Allotment of land
to Temples and Mathas by G.A. Dept. in Bhubaneswar.
|
Sl.No |
Name of Religious
Institutions |
Area allotted ( In AC.) |
Unit/Mouza |
Premium paid ( In Rs.) |
|
1 |
Arya Sanskrutik Mandir |
0.328 |
Ashok Nagar |
Free of premium |
|
2 |
Divine Life Society |
0.193 |
Ashok Nagar |
Free of premium |
|
3 |
Kali Bari Samiti |
0.179 |
Ashok Nagar |
2,691.00 |
|
4 |
Rajdhani Puja Samiti |
1.435 |
Ashok Nagar |
Free of premium |
|
5 |
Railway Potters Trinath
Temple |
0.106 |
Ashok Nagar |
1,05,774.00 |
|
6 |
Sri Ram Mandir Seva Samiti |
1.190 |
Kharvela Nagar |
Free of premium |
|
7 |
Satyasai Seva Samiti |
1.230 |
Kharvela Nagar |
Free of premium |
|
8 |
Sri Aurobindo Society |
0.870 |
DO |
Free of premium |
|
9 |
Railway Employees Puja Committee for Durga Puja |
0.030 |
DO |
1,476.70 |
|
10 |
Arabinda Ashram |
0.872 |
DO |
Free of premium |
|
11 |
Sri Raghunath Jew Temple |
0.230 |
Keshari Nagar |
Free of premium |
|
12 |
Kalpataru Seva Sangh |
1.210 |
Bhoi Nagar |
Free of premium |
|
13 |
Mohabodhi Society |
3.000 |
Bhoi Nagar |
Free of premium |
|
14 |
Sri Rama Charita Prasarini
Samiti |
0.197 |
DO |
Free of premium |
|
|
Additional Land |
1.000 |
DO |
50,000.00 |
|
15 |
Nilachal Saraswata Sangha |
2.000 |
DO |
Free of premium |
|
16 |
Baikuntha Bartabaha Samiti |
0.197 |
DO |
Free of Premium |
|
|
Additional Land |
0.197 |
DO |
11,80,`166.00 |
|
17 |
Gayatree Sakti Pitha |
0.169 |
DO |
Free of premium |
|
18 |
Prajapita Brahma Kumari
Iswariya Biswa Vidyalaya |
0.102 |
DO |
1/- |
|
19 |
Banadurga Parihalana Samiti |
0.099 |
Ganga Nagar |
Free of premium |
|
20 |
Abhiram Santi Ananda Ashram |
0.097 |
Ganga Nagar |
Free of premium |
|
21 |
Ram harit Manasa Mandir |
0.223 |
Bapuji Nagar |
Free of premium |
|
22 |
ISKCON ( Gundiha Mandir) |
0.500 |
Gopabandhu Nagar |
25,00,000.00 |
|
23 |
Siridi Saibaba Spiritual and
Charitable Trust |
0.400 |
Nuagaon |
10,00,000.00 |
|
24 |
Sri Sri Satyakali Mandir
Parichalana Committee |
0.157 |
satyanagar |
7,85,000.00 |
|
25 |
Sri Ananta Seva Parishad |
0.340 |
Sampur |
17,00,000.00 |
|
26 |
Neelachal Saraswat Sangha,
Puri-Bhubaneswar Sakha Sangha |
0.531 |
Madhusudan Nagar |
53,10,000.00 |
Pradip Pradhan,
M-9937843482, Date- 3.4.16
63. RTI Victim- A Ten
Year old Boy of Kendrapara District of
Odisha
On 10.5.16, Suvam Sarathi
Rout, a ten year old boy, s/o- Kalandi Rout, Vill- Bhagaban Pur, Post-
Marshaghai of Kendrapara district was physically attacked by miscreants in the
night around 1 o’clock, when he was asleep. The miscreants entered Kalandi’s house
with target to murder the boy. They attacked the boy with weapons causing heavy
head injuries. When the boy cried, the miscreants ran away in dark night. The
parents could not identify anybody. The boy lost the sense due to heavy
bleeding. Immediately, the parents
brought the boy to Cuttack and got him admitted in Star Hospital. After
week-long treatment with expenditure of Rs. 2 lakh and finding no improvement
in the condition of the patients, the
parents ensured her admission in S.C.B. Medical, Cuttack. Suvam is in Central I.C.U. and fighting for
survival.
Background of the
Incident
There is huge corruption,
irregularities and misappropriation of fund in every development work and in
each office of the State Govt. It has become very common practice under able leadership of Nabin Patnaik, Chief
Minister, Odisha. The leaders of Ruling party and officials are openly indulged
in corruption and amassing huge property worth crores of rupees. It is see that
the common people could not tolerate magnitude of corruption and have started
reacting against the corruption and using RTI to expose it. Sri Kalandi Nayak ,
a poor villager and daily wage labourer
of Marshaghai Block of Kendrapara district found misappropriation of around Rs. 15 lakh fund in repair of Udayabata Upper Primary School and
mismanagement of fund for Mid-Day-Meal by the Head Master of the School,
Block Education Officer and District
Education Officer. He filed RTI application
to the PIO, office of Block Education Officer, Marshaghai seeking information about details of fund sanctioned,
utilised along with copy of bill and
vouchures. The whole administration
got disturbed having seen the
application and tried to convince him to withdraw the application.
When Sri Kalandi remained determined
to pursue the application and also
filed first appeal petition after
denial of information by the PIO, he received a lot of threats call
of murder from different people.
He has also got the information that a coterie of powerful people
including Chairman, Marshaghai Block and Officials and Contractors are getting organised to attack him at
anytime. The attack on his son Suvam in
mid-night is the result of the conspiracy hatched by the said coterie. While
taking steps to ensure admission of
his severely injured child in
hospital, he filed FIR in Marshaghai
police station ( IIC Mobile No-
9437523699) on 12.5.16. Though more than 10 days passed, the
Inspector-In-Charge has not taken any
steps to nab the culprits.
The parents have sought financial support for treatment
of their child. I produce herewith the contact No. of Kalandi ( 9583303401) to contact him.
Pradip Pradhan, M-9937843482,
Date- 22.5.16
64. Trend of Collection
of Excise Revenue in Odisha
RTI Application was submitted to the PIO,
Dept. of Excise, Govt. of Odisha seeking information about total revenue
generated from the sale of foreign liquor and country liquor from 2009-10 to
2015-16. The information provided by the PIO is as follows.
|
Year |
Amount ( In Crore) |
|
2009-10 |
848.97 |
|
2010-11 |
1094.38 |
|
2011-12 |
1379.91 |
|
2012-13 |
1499.91 |
|
2013-14 |
1780.29 |
|
2014-15 |
2038.79 |
|
2015-16 |
2568.68 |
Pradip Pradhan, M-9937843482, Date- 3.6.16
65. State Govt.-Sponsored loot,
exploitation of parents and gross violation of RTE Act by Private
English-Medium Schools in Odisha
Right to Information
Act is being implemented
with mandate that Every
Child of the age of six
to fourteen years
shall have a right to free and compulsory education in a neighbourhood school till completion
of elementary education. As per section 12 (1) (c) of RTE Act,
the private schools ( a school
belonging to specified category and an
unaided school not receiving any kind of
aid or grants to meet its expenses from the appropriate Government or the local authority ) shall admit in Class-1,
to the extent of at least twenty-five
percent of the strength of that class , children
belonging to weaker
section and disadvantaged group
in the neighbor-hood and provide
free and
compulsory elementary education till its completion. The State
Govt. will reimburse all the expenses made for education of this
category of children following per-child-expenditure incurred
by the state or the actual amount
charged from the child , whichever is less. But
the private Schools which are
already under obligation
to provide free education to a
specified number of children
on account of it having
received any land, building,
equipment or other facilities either free of cost or concessional
rate, shall not be entitled for reimbursement of expenses. But since implementation
of the Act, this important provision has been ignored and bypassed by the State
Government. Though hundreds of complaints with regard to denial of admission of
the children of disadvantaged groups by the Private schools have been filed,
the State Government has not taken a single step against these schools.
Secondly,
on 31.3.2016, in response to assembly query raised by
Sri Krustan Ch. Sagadia, MLA, Koraput
Sri Debi Prasad Mishra, Minister for
School and Mass Education, Govt. of Odisha said that
the State Govt. does not have
power to monitor the Private Schools
which is false and misleading. As per
section 8 (f) of the RTE Act, it is the obligation of the State Govt. to ensure
and monitor admission,
attendance and completion
of elementary education by every
child. Section 12 (3) of the Act also requires
every school authority
to provide information as may be
required by the State Govt. Due to
nexus of the State Govt. and private
schools, the monitoring of the private schools
is not being exercised
by the officials.
Thirdly, the State Govt. has
allotted acres of land to private schools free of cost
or at concessional price. These Private
schools are D.A.V. School ( 5
acres of land free of cost), Open learning System, Stuart School, Loyola School ( 12 acres of
land free of cost ), Saraswati Sishu
Mandir, Satya Sai Seba Samiti,
Bibekanand Shikhya Kendra etc. As
per the RTE Act, these
schools are duty bound to provide
free education 25 % of the children which has
not been monitored
by the State Govt. for compliance.
Fourthly,
as per section 18 of the RTE Act,
every private school shall obtain
certificate of recognition from
the State Govt. every year, if it
fulfils norms and standards specified
in the schedule. To carry out
this provision of the Act, the State
Govt. has issued a notification dated 26.12.2014 authorizing Block Education
Officer to visit the school and produce the report about
compliance of the norm and
standard of RTE Act by the said
school. A number of the Private Schools
are running in Bhubaneswar without obtaining certificate of recognition from the
State Govt. Even the State Govt.
does not accurate figure about
number of schools granted
recognition. As per the
information obtained through RTI,
it was found that there are total number of 93 private English-medium schools
in Bhubaneswar. But on
Assembly query dated 31.3.2016, Minister
for S and ME has responded that total
no. of 75 private English-medium
schools are functioning in Bhubaneswar.
When the allegation of denial of
admission of the children of
disadvantaged children is raised, the
management of Private school
alleges that no one is
applying in prescribed Form. But in reality they are not giving any such
forms and when the forms are given, it is sold at Rs. 500/- to Rs. 1000/- per
Form. Finding the form very
costly, the poor parents could not
purchase it. On other
cases, the authority
of Private Schools ask for BPL
card. As
the BPL cards were issued in 1997, it is mostly in the name of grandfather of the children.
Though this card
can be legally used by the children,
the Private schools
deliberately deny to receive the BPL card, as holder
of the card i.e., grand father of the
child has expired. it has already
being told by High court that the children of disadvantaged group staying within 1km of radius of school can
come under reserved category of 25% .
but in Bhubaneswar, no one is given any
residential permanent address, as the plot is under the owners name So the slum
people can have only permanent address of their own village and present address of Bhubaneswar.
The example about
manipulation of DAV school can be cited here. For example, the school
has a seat of 280. But the school is
allowing admission of only 100 student in LKG and rest of the seats are filled
up after receiving donations from
rich and interested people
in consecutive years .The number
of students reaches 280 by the end of 10th
Class.
When the parents Association
demanded for admission of the
children of 25%
reserved category, the school authority gives very vague
excuses that the government is
not giving money for those children .so the expenses of those children will be
borne by the parents of other
students.
State Govt. has circulated circulars about the CBSE guideline and advised to use NCERT
books. But the
private schools are recommending
books from different publishers and getting
good amount of commissions/ profit from
these publishers. Though
complaint has been filed, CBSE has not
taken any steps against the Private schools due to their
unholy alliance.
Managing committee of Dept. of
School and Mass Education has clarified that before any fee hike there
should be discussion with the parents association. But many private schools like DAV
School have manipulated the procedure
and selected their protégée as member of the Committee. The parents association which is actually fighting for welfare of the
school are not taken as member of
Management Committee.
The high court of odisha has ordered for no tuitions in schools
but these schools are compelling the students by luring them of good marks for
tuitions and even though some schools
are holding special classes and is taking extra fees for it which is equal to
the tuition. this all is showing the path for commercialization of education. .
Sanjukta Panigrahi, M- 9337903294, Dt. 29.6.16
66. Performance of Dr. Sam Pitroda as
Technology Advisor of Govt. of Odisha is big zero, exposed through RTI
Amidst huge propaganda and
media hype, Dr. Sam Pitroda with Cabinet
Minister status was appointed as Technology Advisor in January 2016. The State Government left no
stone unturned taking credit
by appointing Dr. Pitroda, a man
of international repute as Technology
Advisor. As I recall, it generated much enthusiasm and expectation among
different section of the people
believing that his expertise and long
experience in the field of
communication and IT will give a lot of
benefit to the state. Out of
curiosity to know about
his performance and contribution
in the field of IT for the
state since last eight months, I had
filed two RTI Application to the
Department of Electronics and
Information Technology seeking information about details of appointment, Terms of Reference
with Dr. Pitroda and any report/ advice given by him to State Govt. etc. . The
details of information provided by the PIO on
19.8.16 and 26.9.16 is as follows.
1.
The Justification given by the State Govt. in respect
of Dr. Pitroda’s appointment as
Technology Advisor is that In
view of his domain expertise and long
association in the field of communication and IT, the State Govt. took
this decision as it will be beneficial for the state.
2. TOR
signed with Dr. Pitroda is as follows.
i.
He was appointed
for three years and will be extended
subsequently.
ii.
He will
advise the Government for formulation
of the strategies and policies to be adopted for development of IT/IES/ESDM
sector in the state.
iii. He will
review the progress achieved in development of IT sector
in the state.
iv. Resource
on advocacy to attract national
and foreign investment shall be
considered by Govt. of Odisha.
v.
No salary, insurance and remuneration shall be paid
to Sri Pitroda during his period
of service
vi. The
expenses towards travel and
accommodation for his visit to Odisha
from New Delhi shall be
borne by Government of Odisha
3. On query
about any report
or document produced by Dr.
Pitroda, the PIO has
provided just a copy of power point
presentation ( 15 slide) about his
proposed programme which was made
in January at the time of his
appointment. Within last 8 months, Dr.
Pitroda has not provided any report
to the State Govt. about his
intervention or work assigned as per TOR.
4. Dr.
Pitroda has not visited Odisha since his joining as Technology Advisor. That’s why he has not produced his travel
Bill for reimbursement.
Comments
·
Dr. Pitroda
might be satisfied with cabinet minister status and getting benefit using
this status without contributing anything for our beloved state within 8 months.
·
It will
be advisable on part of State Govt.
to fix remuneration and price for him
against the work assigned to him
as per TOR. So that accountability will be fixed and the State Govt. can monitor
his performance.
·
If this practice continues, it will no way
give any benefit to the IT sector of the state.
Pradip Pradhan, M-9937843482, Date- 26.9.16
67. E-Governance Project in Odisha
On 31.5.2016, RTI Application was
submitted to the PIO, Dept. of Electronics and Information Technology,
Govt. of Odisha about details of E-governance project in Odisha and amount spent for it. The PIO, office of Odisha Computer
Application Centre (OCAC) has supplied the following information. OCAC is the nodal agency for implementing
e-governance project. Besides that the State
Govt. has engaged many private
organisation for e-governance
project which has not been supplied
by the PIO. The information below is still incomplete.
(
in Crores)
|
Name of the project |
Project Activity |
Total outlay |
Total Exp. |
|
Odisha State Wide Area Network
( OSWAN) |
It is one of the core
infrastructure projects under National e-Governance plan. Under the project the State Head quarter is
connected with all 30 Districts head quarters and 284 block head quarters. The Network was operational on 25th
august 2010. Video conferencing set up has been established at SHQ and all
DHQ. |
92.00 |
88.00 |
|
Common Service Centre |
Under National e-Governance
Plan, Govt. of Odisha has taken up Common Service Centre (CSC) scheme for implementation in the state. The objective of the scheme is to set up
8558 CSC called as Jana Seva Kendra which will act as
front-end delivery points for Govt., private and social sector
service to rural citizens of India in
an integrated manner and at affordable
cost. |
70.00 |
35.84 |
|
Odisha State Data Centre (OSDC) |
It is one of the core
infrastructure projects under National e-Governance plan. M/s Wipro Ltd. was the consultant for the project . M/s SPANCO has
implemented the project as Date Centre Operator. M/s
E& Y is the third Party Auditor for the project |
54.24 |
11.61 |
|
eDistrict Pilot Project |
This project is for creating
workflow system for the district administration and help in providing efficient individual department services
through Common Service Centres (CSCs) |
31.89 |
15.98 |
|
Horizontal Connectivity of OSWAN |
The objective of the project
is to roll out the important e-governance
applications of the Government
Departments. It was decided that 1266
nos. Of critical Govt. offices will be provided OSWAN connectivity as Horizontal offices. The project started in the year 2012 |
80.00 |
48.47 |
|
Students Academic Management
System ( SAMS) |
This is a project of Higher
education Dept. which is
implemented under OCAC. The objective of the project is to automate
the admission (
e-admission) and administration (
e-administration) process of
college. |
16.75 |
16.75 |
|
e-Municipality Project |
Odisha e-Municipality Project is a centralised, integrated application. This project is implemented for 44 ULBs
in the first phase out of 110 ULBs.
The solution is developed and
managed by Tata Consultancy
services from State Data Centre and support located at OCAC. |
20.56 |
18.33. |
|
Odisha Secretariat Workflow
Automation System ( OWSAM) |
OWSAM, a solution
to automate all the
functions ad working procedure of secretariat and provide
an effective method of storing, maintaining and retrieving the huge
volumes of data that is
generated by integrating workflow, knowledge, security management through core, central and departmental applications. |
22.00 |
29.23 |
|
Child Trafficking
System ( CTS) |
The project aimed to
each children between 0-14 years with name, guardian name, date of birth, sex, religion, category, school where
they are studying. If out of
school, reason of out of school, mother tongue, children with special needs if any etc. |
1,35,70,326.00 |
1,35,70,326.00 |
|
CTS-Validation and Up
gradation -2008 |
CTS was initiated to validate and update the database created through ICR Scanning in 2005-06. It was funded OPEPA. |
18,00,000.00 |
18,00,000.00 |
|
epragati |
Application software
developed under epragati Project
started during 2006-07. It was funded by W&CD Dept. During 2007-08 |
38,41,386.00 9,76,800.00 |
38,41,386.00 9,76,800.00 |
e-despatch
This project started in 2008
to automate the dispatch system
of all Government letters to various
offices and to the citizens .
Project started during 2005-06. The e-dispatch implementation cost was Re
5,75,000 for each Department/ Undertaking/PSU.
Sanjog Helpline
In order to provide prompt
Grievance Redressal service relating to its different citizen centric schemes,
Govt. has implemented Sanjog Helpline.
The project was started in August 2008.
The budget provision of Rs. 31, 86,168.00 was made by Odisha Government.
Pradip Pradhan, M-9937843482, Date- 30.7.16
68. Citizen Monitoring Report on “One Year Performance of Odisha
Information Commission” from June 2015 to May 2016
·
Due to
lack of knowledge, expertise and experience and sheer inefficiency, Odisha
Information commissioners have miserably failed to give justice to the
citizens.
·
Mrs. Sashi
Prava Bindhani has devoted just 10 days for hearing in a month.
·
Disposal
rate is very dismal leading to frustration among information seekers.
·
The
contents of their decisions suffer from grammatical errors along with carrying
no meaning at all.
·
Both the
Information Commissioners dispose each just 2 cases per month.
·
Both the
Information Commissioners draw salary of
2 lakhs per month which is a great loss
to state exchequer.
As per section 18, 19, 20 of RTI Act,
the Information Commission is empowered
is empowered to hear and dispose Second Appeal petitions and Complaint Cases, ensure availability of
information to appellants/ complainants,
impose penalty on defaulting PIOs and award compensation to aggrieved
Information Seekers. Besides
that the
Information Commission is required
to publish Annual Report for every year,
recommendation for reform to Public Authority, if any required for
development, improvement, modernisation,
reform or amendment to this Act
under section 25 of the Act.
Keeping it in view, RTI Application
was filed by Sri Sanjay Sahu, RTI Activists and member of Odisha Soochana
Adhikar Abhijan to the PIO, Office of Odisha Information Commission seeking
information about details of days spent by each Information Commissioner for
hearing of the case, total no. of complaint case heard ad disposed by Each IC,
penalty imposed, compensation awarded and number of cases still pending for
disposal from June 2015 to May 2016. It needs to be mentioned here that both the Information Commissioners were
appointed in the second week of June 2015.
On 13.7.16, In response to RTI
Application, the PIO supplied the required information which is as follows.
A. No. Of
days devoted for hearing by both
the Information commissioners
from June 2015 to 16th
May 2016
|
12 Months |
No. of days
devoted for hearing |
|
|
Sri L.N.Patnaik, SIC |
Ms. Sashi Prava Bindhani, SIC |
|
|
185 |
128 |
|
|
Average days devoted for hearing in a month |
15 |
10
|
Analysis:- In an average while Sashi Prava
Bindhani spends just 10 days in a month
for hearing, Sri L. N. Patnaik
devotes only 15 days in a month. God Knows what they are doing rest of the days in a month.
B. No. of Complaint/ Second Appeal
Cases heard and disposed
Though
Both of the State Information Commissioners ( SICs) got
appointment in second week of
June,15 , but they started hearing of
the case in August, two months later
of their appointment. So the analysis
of the cases heard and disposed
has been made for 10 months ( from
August 2015 to May 2016).
|
|
No. of Complaint/ Second Appeal Cases heard
and disposed |
|||||||
|
|
Complaint
cases heard |
Complaint
cases disposed |
Second
Appeal cases heard |
Second
Appeal cases disposed |
Total
cases heard ( both Complaint and SA) |
Total
cases disposed ( both complaint and Second Appeal) |
||
|
L.N.Patnaik,
SIC |
157 |
27 |
1163 |
291 |
1320 |
318 |
||
|
Sashi Prava Bindhani, SIC |
Month-wise figure has not been
cunningly provided by the PIO |
1456 |
269 |
|||||
|
Division
Bench ( both the SICs sit together) |
28 |
1 |
568 |
80 |
596 |
81 |
||
( N.B.- While
analysing this figure, the no. of cases
heard and disposed in Division Bench
was divided between two SICs in order
to arrive at conclusion about
no. of cases heard and disposed
by each of them )
Analysis:
i..In an average, Sri L.N.Patnaik, SIC
hears 162 cases (132 own cases + 30 cases
in Division bench) and disposes 35 cases
(31 own cases + 4 Division bench) in
a month. If devotion of 15 days for hearing of the case in a month by Mr.
Patnaik is taken into
account, Sri Patnaik hears only 10 cases
per day and disposes only 2 cases in a day.
ii. Sashi
Bindhani hears 175 cases ( 145 own case
+ 30 cases in Division) per month and
disposes 31 cases ( 27 own + 4
cases in division bench) per
month. If 15 days is taken into account for hearing of
the case in a month, then Smt.
Bindhani hears only 11 cases
and disposes only two cases in a
month.
It needs to be noted here that
Maharashtra Chief Information commissioner is disposing around 5000 cases in a
year. It means disposing 419 cases in a
month. Similarly Central Information Commissioner is disposing each around 3300
cases in a year. But Odisha Information
Commissioners are disposing just around 350 cases in a year.
C.Penalty:
Within one year of their functioning,
while Sri L.N.Patnaik, SIC has imposed penalty against erring PIO in 23 cases,
Smt. Bindhani, SIC imposes penalty on a single case and Division Bench has
imposed penalty in PIOs in four cases which is less than four percent of total
cases disposed by them in which RTI Act
was violated and the information denied.
The penalty has been imposed on lower level functionaries like clerks,
Cashier, PEO etc.
D.Compensation
Both the Information Commissioners
have not awarded any compensation under section 19 (8b) to any aggrieved Citizen who had filed the cases
after taking a lot of pains and hardships.
E.Pendency
Around 5000 cases are pending in the
commission for disposal since 3 years.
But this figure is doubtful.
F.
Language of the Decision
Mrs. Sashi Bindhani is very poor in writing
English language used in the
content of the decisions. Let me refer
content of decision of a SA No.- 885/2014-
“
the Appellant has filed the Second Appeal memorandum on 9.4.2014
alleging that the information sought from the
PIO, O/0 the Chief District
Medical Officer, Balasore through his RTI Application dated 15.11.2013 in spite of filling
of first appeal petition dated 16.12.2013”. Does this sentence carry any meaning at all?
Pradip Pradhan, M-9937843482,Date- 14.8.16)
69. Loot of Rs. 50 crores through transfer of money
of Students’ scholarship to the account of fake beneficiaries
it is the routine affair of the Govt. of Odisha to release
advertisement every year inviting on-line application from the students of +2,
+3 students of different colleges,
Post-graduate students of Universities
and students of professional and
technical educational institutions to apply for students scholarship. As per
the information obtained through RTI,
since 2010, the State Govt. has
engaged three private companies like Odisha Knowledge Corporation Limited, CSM
Technology, TQM service for verifying and processing the application of the
students to get scholarship. These
agencies prepare the list of deserving students and send it to the Govt. for
release of money directly to their account through on-line Banking transfer
system.
But since last five years from
2010-15, many fake and undeserving students are being sanctioned students’
scholarships through forgery and
fraudulent means by these private companies by preparing false documents through
their agents engaged across the state in association with corrupt bank
officers. This is a racket operating in Odisha to swindle away Scholarship
money through Banks and corrupt officials of Higher Education Department. This issue came to limelight when an amount
of Rs. 20,000.00 was released each to the account of three +3 students of
Raghunath College , Deuli and P.N.
College, Bolagada of Khurda district and withdrawn on same day within 15
minutes of the deposit of the money on
15.1.15.
How it was exposed ?
As per the complaint filed by
these three students namely Surya Prasad Sahu of P.N. College, Bolagada, Sagar
Kumar Debta and Manas Kumar Singh of Raghunath College, Deuli to the
Chief Minister and Chief Secretary, Govt. of Odisha and FIR lodged on 11.4.15,
one day, an agent named Bibhuti Bhusan
Lenka of Khurda district close to these students came to their house
and told them to ensure availability of
scholarship, if they will provide their documents, Bank Account no. opened in Punjab National Bank, Talatumba Branch.
They got delighted and handed over all the documents. After few days, the agent
came again on 14.1.15 and persuaded them for ATM Card and PIN No. On 15.1.15,
these students saw the message in mobile about deposit of Rs. 20,000.00 in each
account and withdrawal of the same within few minutes. But the agent gave them
Rs. 500/- and took away all the money threatening them to keep it in
secret.
After sharing this information
with the parents and apprehending fraud and forgery in bank transaction, these
three students formally filed complaint to Chief Minister, Odisha, Secretary,
Department of Higher Education and Secretary, Department of Finance, Govt. of
Odisha and Directorate of Treasuries and Inspection, Odisha, Bhubaneswar
seeking an enquiry into it.
Then one parent Sri
Ramesh Ch. Sahu pursued the case and tried to unearth the truth. He
formally filed RTI Application dated 3.2.15 to the PIO, Dept. of Higher
Education giving account number of three
students ( Surya Prasad Sahu, Ac No- 2774001500001241, Sagar Kumar Debata, Ac.
No.- 2774001500008174), Maas Kumar Singh, Ac.No.-2774001500003337) seeking the information whether the
meritorious scholarship has been
transferred to their accounts. On
2.4.15, the PIO replied that no amount has been transferred to these accounts.
This information created a lot of confusion among the
students and the whole episode shrouded in mystery.
However, Sri Ramesh Ch. Sahu
filed another RTI Application dated 4.4.15 to the PIO, office of Directorate of
Treasuries and Inspection, Bhubaneswar
seeking information about details of enquiry conducted and action taken on complaint filed by these students.
The response of the PIO dated
10.4.15 came with attachment of series of correspondence made between
Directorate of Treasury and Inspection,
Bhubaneswar and Punjab National Bank, Bhubaneswar. It was
mentioned in the letter that “ on
verification of the data generated electronically by the Central Electronic Processing Cell (
CePC) located at the Directorate of Treasuries and Inspection, Odisha on dated 14.1.15. It is seen that the data
files does not contain these
accounts number for credit as
destination account”. However
the Directorate wrote a letter to
Punjab National Bank, station square , Bhubaneswar seeking an
enquiry about it.
on 11.4.2014,
the Punjab National Bank wrote a
letter to Directorate of Treasury that “
we
received large number of ECS credits from RBI every day and more than 50% account numbers
mentioned in the RECS file
contains wrong account number by
omission/ wrong feeding of single digit/ last digit as zero. We match
the name of the account holder
with the account number and name in the
RECS file received from RBI site and give credit to the actual beneficiary by rectifying
the single digit.”
As per Banking norm,
in case of any kind of mismatch of account number, the Banks are
required to return the transaction to the RBI
and the same is returned back to the Central Electronic Processing
cell as failure payment
electronically.
But, the question arises, how
the Punjab National Bank itself
suo moto rectified the account
number and deposited the money
in another account
without returning the money to RBI. It is proved that the senior officers
of the said Bank are involved in forgery
and in connivance of with frauds. They have facilitated a number of
illegal transaction and misappropriated huge money meant for students’
scholarship.
It has also come to our notice from some
reliable sources that not only Punjab National Bank but other Banks are also
involved in this forgery and misappropriation of Students’ scholarship fund in
Odisha.
While looking at magnitude of
forgery and malpractice by OKCL and Banks through their agents, we have a
considered view of loot of Rs. 50 crore from state exchequer through fraudulent
means.
Steps taken by Odisha Soohana Adhikar Abhijan
1. On
29.9.16, a Press meet was organised at
Lohia Bhawan to expose magnitude of crores of fraud and forgery by Odisha Knowledge Corporation Limited in connivance with corrupt Bank officials and
Higher Education Dept. in distribution of Medhabruti.
2. On
30.9.16, Mass Media highlighted the news and made good coverage of the issue.
3. On 3.9.16,
a three member delegation of Pradip Pradhan, Sudhir Mohanty and Sri Ramesh Ch.
Mohanty met Ombudsman of Reserve Bank of
India and filed complaint seeking
enquiry into Banking fraud by Punjab
National Bank.
4. On
4.10.16, a five member delegation
of Pradip Pradhan, Sudhir Mohanty and
Sri Ramesh Ch. Mohanty, Ranjan Kumar Das and Sachikant Pradhan filed complaint
in CBI seeking equiry into banking fraud
and loot of 50 crore with involvement of nationalised banks.
Pradip Pradhan, M-9937843482, Date-
5.10.16
70. List of Private Hospitals and
Nursing Home allotted land at highly subsidised price are legally required to provide
free treatment to the people of BPL category.
While adjudicating
SLP (C) No. 18599 of 2007, the
hon’ble Supreme Court
has given direction that “ 25% OPD
and 10% IPD patients have to be
given treatment free of cost. The said patients should not be charged
anything. But that will not
come in the way of the concerned hospital
taking its own arrangement for
meeting the treatment / medicines cost
either by meeting the costs
from its funds or
resources or by way of sponsorship
or endowments or donations.
Keeping it in view, the State Govt. in Health
and Family Welfare issued Notification
dated 24.7.16 that all the private Hospitals and Nursing Home to whom
the Govt. land has been provided
in highly subsidised rates will abide
the following terms and
conditions
1. 25% of
the out patients department ( OPD) and 10% of the inpatients department (IPD) , in all category
of patients , belonging to BPL
category must be
provided with free
treatment.
2. They are
to submit monthly return of the
hospitals regarding above in the
prescribed format to the DMET,
Odisha / DHS(0) as the case may be positively by
10th of every month.
3. If any
hospital / nursing home fails to comply
the above stipulations, the same shall be viewed seriously
and action as deemed proper will be initiated for anellation of NOC
as well as allotment of land.
4. All the
above hospitals shall display
regarding the free medical
facilities provided as per item No.-1 above in both
English and Odiya language in a most prominent place
of the hospital for viewing of the patients and public.
|
Sl.No |
Name of
Allottee |
Purpose |
Area
allotted |
Mouza |
Year of allotment |
Premium ( in Rs. ) |
|
1 |
KIIT |
KIMS /MCH |
Ac.26.970 |
Patia,
Bhubaneswar |
2005 &
2006 |
Not provided
by PIO |
|
2 |
Apollo
Hospital Pvt. Ltd. |
Hospital |
Ac. 4.000 |
Samantapuri, Bhubaneswar |
2006 |
1,40,00,000,00 |
|
|
Apollo
Hospital Pvt. Ltd. |
Hospital |
Ac. 3.500 |
Samantapuri, Bhubaneswar |
2006 |
35,00,000.00 |
|
3 |
Bombay
Cardiovascular Surgical Pvt. Ltd. |
Hospital |
Ac. 2.872 |
Chandrasekhar
Pur |
2005 |
71,80,000.00 |
|
|
Bombay
Cardiovascular Surgical Pvt. Ltd. ( additional land) |
Hospital |
Ac. 3.600 |
Chandrasekhar
Pur |
2006 |
25,00,000.00 |
|
|
Bombay
Cardiovascular Surgical Pvt. Ltd. ( Additional land ) Locked up in
SLP in Supreme Court of India ) |
Hospital |
Ac. 4.160 |
Chandrasekhar
Pur |
2008 |
25,00,000.00 |
|
4 |
SUM Hospital |
IMS, SUM MCH |
Ac. 15.000 |
Ghatikia,
Bhubaneswar |
2006 |
Not provided
by PIO |
|
5 |
Dr. G.P.
Mahalik |
Nursing Home |
Ac. 0.101 |
Saheed Nagar |
1985 |
11,363.00 |
|
6 |
M/s Holistic
Health |
DO |
Ac. 0.157 |
Paika Nagar |
1985 |
7,575.00 |
|
7 |
Dr. Anapura
Devi |
Nursing Home |
Ac. 0.145 |
Laxmisagar Bhubaneswar |
1981 |
10,842.00 |
|
8 |
Kalinga
Hospital Pvt. Limited |
Hospital |
Ac. 10.000 |
Jayadev Vihar |
1991 |
20,00,000.00 |
|
9 |
Dr. Jyoti
Routray |
Nursing Home |
Ac. 0.124 |
Kharavela
Nagar |
1983 |
61,984.00 |
|
10 |
Rajadhani
Nursing Home |
Nursing Home |
Ac. 0. 300 |
Saheed Nagar |
1982 |
16,060.61 |
|
11 |
Dr. D.N.Mohapatra |
DO |
Ac. 0.128 |
Paika Nagar |
1985 |
9,641.00 |
|
12 |
Deepak
Nursing Home |
Nursing Home |
Ac. o.151 |
Saheed Nagar |
1985 |
11,363.00 |
|
13 |
Dr. Jaganath
Mohanty |
DO |
Ac. 0. 086 |
Jayadev Vihar |
1985 |
6,456.60 |
|
14 |
Dr. Sushil
Kumar Prusty |
DO |
Ac. 0.103 |
Kharavela Nagar |
1991 |
51,653.00 |
|
15 |
Dr.
P.K.Patnaik |
DO |
Ac. 0.124 |
Jayadev Vihar |
1986 |
9,297.55 |
|
16 |
Dr.
S.B.Mohanty |
DO |
Ac. 0.106 |
Jayadev Vihar |
1986 |
8006.20 |
|
17 |
Dr. P.
C.Pradhan |
DO |
Ac. 0.123 |
Chandar
Sekhar Pur |
1987 |
9,297.55 |
|
18 |
Dr. Sashi
Sekhar Kar |
DO |
Ac. 0.260 |
Bhoumya Nagar |
1987 |
19,524.00 |
|
19 |
Labela
Electrolysis Clinic |
Clinic |
Ac. 0.124 |
Kharavela
Nagar |
1987 |
61,984.00 |
|
20 |
Dr. B.B.Sahu |
Nursing Home |
Ac. 0.115 |
Jayadev Vihar |
1992 |
3,45,000.00 |
|
21 |
Lions Club |
Eye Hospital |
Ac. 0.261 |
Jayadev Vihar |
1998 |
1,91,736.00 |
|
22 |
Sun
Hospital Pvt. Ltd. |
Hospital |
Ac. 2.320 |
Jayadev Vihar
|
1998 |
1,16,00,000.00
|
|
23 |
M/s
Usthi Foundation Ltd. |
Hospital |
Ac. 0.138 |
Jayadev Vihar
|
1998 |
2,76,000.00 |
|
24 |
Santa
Memorial Spinal Cord Injury
Centre |
Rehabilitation
Centre |
Ac. 1.992 |
Jayadev Vihar |
1999 |
Free of
premium |
|
25 |
Medirad Tech
India Ltd. |
Cancer Hospital and Research centre |
Ac. 2.426 |
Jayadev Vihar |
2000 |
12,13,000.00 |
|
|
Medirad Tech
India Ltd. ( Additional land) |
DO |
Ac. 0.168 |
Chandrasekhar
Pur |
2005 |
4,23,324.00 |
|
26 |
M/s Swarna
Hospital Pvt. Ltd. |
Nursing Home |
92’ x 105’ |
DO |
2005 |
16,63,223.00 |
|
27 |
Sri Sri
Thakur Anugul Chandra Charitable Trust |
Charitable
Hospital |
Ac. 2.000 |
DO |
2004 |
50,00,000.00 |
|
28 |
Bhubaneswar
Eye Research Institute |
Eye Hospital
and Research Institute |
Ac. 10.000 |
Patia, BBSR |
2004 |
50,00,000.00 |
|
29 |
Cuttack
Diabetes Research Foundation |
Hospital and
Research Centre |
Ac. 2.000 |
Dumduma,
Bhubaneswar |
2006 |
50,00,000.00 |
|
30 |
Dr.
S.K.Goswami |
Mully
Speciality Outdoor Poly clinic |
Ac. 1.000 |
DO |
2006 |
35,00,000.00 |
|
31 |
LIC HFL Care
Homes Ltd. |
Hospital |
Ac. 5.000 |
Ghatikia and
Aiginia |
2006 |
35,00,000.00 |
|
32 |
Society for
Nature, Education and Health |
|
Ac. 0.069 |
Jayadev Vihar |
2006 |
50,00,000.00 |
|
33 |
M/s Laxmi
Franklin Hospitality Ltd. |
Hospital |
Ac. 3.600 |
Chandra
Sekhar Pur |
2006 |
25,00,000.00 |
|
34 |
Indian
Medical Association |
Hospital |
100’ x 60’ |
Gangaagar,
Bhubaneswar |
2007 |
50,00,000.00 |
|
35 |
Advance
Medicare Research Institute Ltd. |
Hospital |
Ac. 5.000 |
Aiginia,
Bhubaneswar |
2007 |
1,75,00,000.00 |
|
36 |
AMRI Hospital
|
Hospital |
Ac. 5.000 |
DO |
2007 |
|
|
37 |
Care Hospital
PVT. Ltd. |
Multy
Speciality |
Ac. 3.935 |
Chandrasekhar
Pur Bhubaneswar |
2008 |
1,37,20,000.00 |
|
38 |
Narayan
Hrudayalaya Ltd. |
Cardiac
Hospital |
Ac. 5.935 |
Dumduma |
2008 |
2,07,79,000.00 |
|
39 |
Nuclear
Medicine |
Hospital and
Research Centre |
Ac. 2.500 |
Chandrasekhar
Pur |
2008 |
87,50,000.00 |
|
40 |
St. John
Ambulance |
|
Ac. 0.218 |
BJB Nagar,
Bhubaeswar |
2009 |
Free of
Premium |
|
41 |
Panda Nursing
Home |
Nursing Home |
Ac. 0.116 |
Kharavela
Nagar |
|
61,983.70 |
( N.B. The Hospitals who are also allotted land
in subsidised rate but their
names do not find place in the above list will also abide by the
terms and conditions imposed by the Govt. )
Pradip
Pradhan,M-9937843482, Date-4.12.16
71. Funds
allocated and utilised under NREGA in Odisha (From 2010-11 to 2016-17)
While addressing press meet in august
2016, Sri Arun Sahu, Minister for
Panchayat Raj said within short span of 4 months (from April to July 2016), the
Govt. has been able to generate 4 crore employment ( man-days) under
NREGA in Odisha by spending Rs. 1130 crores.
. It was unbelievable how the Govt. generates such huge employment
(mandays) in Odisha which has never happened in Odisha. To understand it and
employment generated in previous years, RTI Application was submitted to
Department of Panchayat Raj, Govt. of Odisha seeking information about details
of fund earmarked and expenditure made
with generation of mandays by Govt. from
2010-11 to 2016-17. The PIO has provided
the information available with him upto august 2016.
The information sought for is as
follows.
i.
Provide information about total fund sanctioned by Central Govt. and from State
budget for NREGA in Odisha as per the following format
|
Year |
Allocation
of Central Fund |
Utilized
|
State
Budgetary allocation |
Utilised
|
|
|
|
|
|
|
ii.
Provide information about date of release of fund by Central Govt. for NREGA
under different heads in the year
2015-16 and 2016-17.
iii.
Provide information about total fund available with State Govt. for NREGA work
till yet 30th August, 2016.
iv.
Provide information about total employment generated under NREGA from 2011-12
to 2016-17 (year-wise).
v.
Provide information about rate of wage fixed for different work under NREGA.
vi.
Provide information about total fund spent for NREGS work from April to July16
and total mandays generated within this period.
A.
Fund
allocated and utilised
( in
lakhs)
|
Year |
Central fund received |
Utilised
|
State
budgetary allocation / State share released |
Utilised
|
|
2010-11 |
156186.38
|
156186.38 |
15000.00 |
15000.00 |
|
2011-12 |
97852.32 |
97852.32 |
13223.12 |
13223.12 |
|
2012-13 |
84797.88 |
84797.88 |
13548.61 |
13458.61 |
|
2013-14 |
75752.84 |
75752.84 |
34200.00 |
34200.00 |
|
2014-15 |
103530.34 |
103530.34 |
0.00 |
0.00 |
|
2015-16 |
147941.05 |
147941.05 |
56981.00 |
56981.00 |
|
2016-17
as on 23.10.2016 |
137324.49 |
137324.49 |
14473.26 |
14473.26 |
( NB- No share has been
released during 2014-15 as excess
state share release during previous financial year adjusted )
B.Total fund
available with State Govt. for NREGS work during 2016-17 till 30.8.2016
(Rs. In Lakhs)
|
1 |
OB |
998.48 |
|
2 |
Central Receipt |
114802.57 |
|
3 |
State matching share
release |
12994.11 |
|
4 |
Miscellaneous receipt |
241.74 |
|
|
Total |
129036.90 |
C.Total employment generated under NREGA
|
Employment generated in lakhs |
|
|
2011-12 |
453.74 |
|
2012-13 |
546.01 |
|
2013-14 |
711.83 |
|
2014-15 |
534.79 |
|
2015-16 |
894.65 |
|
2016-17 ( from April
to July 2016) |
367.12 |
|
2016-17 ( upto August 2016) |
429.25
|
D. Information on total fund
spent and total man-days generated for MGNREGS works during 2016- 17 from April
to July 2016.
|
Expenditure on works (Rs.
In lakhs) |
Persondays generated( Rs.
in lakh) |
|
113096.03 |
367.12 |
Analysis
Since last five years (from
2011-12 to 2015-16), the State Govt. has
generated 6 crores of man-days under NREGA
in an average in a year. How the State Govt. generated 4 crores man-days
within 4 months. It means one crore in a month. It is just data
manipulation of the figure showing record number of mandays generated by
Govt. It
has also been found in different
districts from Puri to Malkangiri that
the NREGA labourers are not paid
their dues for
months together, though the
work gets completed.
Pradip Pradhan, M-9937843482 , Date-16.12.16
72. Electricity Bill pending against
Companies in Odisha
It is witnessed in Bhubaneswar that
in case of pendency of
Electricity Bill against any common consumers for two months, the
Bill collectors of
Electricity Dept. use to threaten to disconnect electricity , unless the arrear bill is paid.
But though crores of rupees are
pending against the Companies for years together, the CESU has not taken any
step to collect the Bill from them. It
has been exposed through RTI. RTI
Application was submitted to PIO, office of Central Electricity Supply Utility ( CESU) seeking
information about electricity
bill pending against
more than 5 lakhs business houses, corporate houses
etc.. on 28.10.16, the PIO
supplied the information. Electricity
Bill worth around thousands of crores of rupees is pending against more than
700 companies and business houses. Major Companies against whom the electricity
bill is pending is as
follows.
|
Sl.No |
NAME |
ADDRESS THREE PHASE CONSUMER LIST |
ARREAR [AS ON 30.09.2016] |
|
1 |
M/S SHREE MARUTI STEEL AND CASTING PVT LTD |
AT-KUSPANGI PO-BALI,KHUNTUNI,KUSP |
64095566.00 |
|
2 |
Jagannath Area MCL, Talcher |
Talcher |
83626294.00 |
|
3 |
Naba Bharat Ventures Ltd. |
Kharagaprasad |
829440022.00 |
|
4 |
GMR Energy Ltd. |
Kamalanga |
104482021.00 |
|
5 |
M/S TEEKAY MARINE (P) LTD |
IDCO# NO-58,CHANDAKA I.E, CSPUR-11 |
6255683.00 |
|
6 |
BHARATI AIRTEL LTD |
PLOT NO-E13/1,C.S PUR,
I.E,PATIA |
4562949.00 |
|
7 |
M/S INFOSYS TECHNOLOGIES LTD |
CHANDAKA INDUSTRIAL ESTATE |
3837670.00 |
|
8 |
M/S VODAFONE ESSAR SPACE LIMITED |
IDCO # NO-E/52,CHANDAKA I.E. |
2174313.00 |
|
9 |
M/S FALCON MARINE
EXPORTS LTD |
PLOT-50/A/B, 51/A |
3306378.00 |
|
10 |
M/S RELIANCE INFRATEL LTD |
C/O-AUTHORISED SIGNATORY,
BTS SITE |
4353328.00 |
|
11 |
M/S ADVANCED MEDICARE AND
RESEARCH INSTITU |
C/O- BISHNU CHARAN SAHOO |
3818116.00 |
|
12 |
THE MANAGING DIRECTOR |
M/S MILK MANTRA DAIRY PVT LTD. |
3437740.61 |
|
13 |
M/S NEW LAXMI STEEL AND POWER (P) LTD |
C/O PAWAN KU GUPTA(DIRECTOR),SARUA |
25381229680 |
|
14 |
M/S UNIVERSAL INFRA
AGRO OIL(P) LTD |
C/O HARSH MUHAN GUPTA,SARUA IND.ES |
2180232.40 |
|
15 |
M/S ANURADHA HATCHARY |
IND, ESTATE,KHURDA, C/O MANOJ KUMAR R |
12173000.05 |
|
16 |
M/S HINDUSTAN COCA-COLA BEVERAGES P.LTD |
KHURDA INDUSTRIAL ESTATE NEAR BPCL |
7069450.08 |
|
17 |
M/S SUN GRANITE EXPORT LTD |
AT;PANIORA,PO;-PALASPUR,DIST;-KHORDA |
11961340.65 |
|
18 |
M/S UTTARAYANI PATTATO |
AT;SATASANKHA,DIST-PURI ,ODISHA,752 |
11781879.22 |
|
19 |
M/S COS BOARD INDUSTRIES PVT .LTD |
NEW INDUSTRIAL ESTATE |
36438284.00 |
|
20 |
M/S SATYAM CASTINGS,PVT LTD |
I\E, CHOUDWAR,PLOT NO-A-2.CHOUDWAR |
27493565.00 |
|
21 |
M/S T.S ALLOYS LTD |
AT-ANANTAPUR,PO-DHURUSIA |
16803731.00 |
|
22 |
M/S ESSAR STEEL INDIA LTD |
AT-UDAYABATA,PO-PARADEEPGARH |
75496371.00 |
|
23 |
M/S TATA STEEL LIMITED |
AT/PO,KALARANGIATTA |
9242001.62 |
|
24 |
M/S JINDAL STEEL AND POWER LTD |
AT;-KERJANG,PO;-NISHA |
121013243.00 |
|
25 |
B.R.G. IRON AND STEEL CO (P) LTD |
KURUNTI, P/O-KUSUPANGA |
60859986.00 |
|
26 |
M/S BHUSAN STEEL LTD |
NARENDRAPUR |
61316356.00 |
|
27 |
M/S MISRILAL MINES P LTD |
AT, AT;KANPURA |
14724642.78 |
|
28 |
M/S SHREE JAGANNATH ICE PLANT AND COLD STG |
NISCHINTAKOILI DIST-CUTTACK NISC |
15355154.00 |
|
29 |
LAXMIPATI BALAJI SUGAR AND DIST.PVT LTD |
AT;SUNAPAL PO;BADAMBAGARH SUNAPAL |
12694720.00 |
|
30 |
M/S AURO ISPAT(I) PVT .LTD |
AT/PO-KHUNTUNI PS-GURUDIJHATIA KHUN |
70509513.00 |
Sanjay Sahu, RTI
Activist, M-8658416694 , Date-21.12.16
73.
85% of the people are eligible poor
covered as beneficiary under NFSA in Odisha
RTI Application was submitted to the
PIO, Dept. of Food Supply and Consumer Welfare, Govt. of Odisha seeking
information about number of beneficiaries
covered under National Food Security Act and total amount
of subsidy given from State budget towards one rupee rice scheme, total card seized from the beneficiaries and FIR lodged and withdrawn later on. On 19.10.16, the PIO
supplied the following information.
1.
Total beneficiaries under NFSA as on 18.8.2016 are as
follows.
|
Antodaya Anna Yojana Households (
AAY HH) |
Beneficiaries under Households |
Total NFSA beneficiaries |
|||
|
Ration Cards |
Beneficiaries |
Ration Cards |
Beneficiaries |
Ration Cards |
Beneficiaries |
|
974874 |
3540574 |
7475592 |
28138388 |
8450466 |
31678962 |
Comments- The Central Govt. has
restricted number of
beneficiaries to be covered under NFSA upto 3.26 crores
for Odisha. But the State
Govt. has still balance of
around 9 lakh people to be
covered under NFSA. Till August,
85 lakh families are covered under NFSA in Odisha. Besides
that thousands of applications of eligible poor families are pending in different blocks
offices for the ration card. It is
proved that more than 85% of the families in Odisha
are poor for
which they have
been covered under NFSA due to
their food insecurity. Tall claim of the
State Govt. that the
economic standard of the people
have improved is proved false.
2. Subsidy
given from State budget for
spending towards subsidised
rice scheme from
2009-10 to 2016-17
is as follows.
|
Year |
Budget
provision |
Expenditure ( in crores) |
|
2009-10 |
847.84
crores |
847. 84
crores |
|
2010-11 |
984.29 crores |
924.44
crores |
|
2011-12 |
984.29
crores |
971.15
crores |
|
2012-13 |
1196.84
crores |
1182.66
crores |
|
2013-14 |
1312.06
crores |
1283.40
crores |
|
2014-15 |
1403.00
crores |
1212.08
crores |
|
2015-16 |
1403.00
crores |
1117.78
crores |
|
2016-17 |
830.0
rores |
|
3.Following provision 29 of
Odisha Public Distribution System ( control) Order , 2016, the State Govt. filed
FIR and initiated criminal proceedings
and recovered cost of the grains from the ineligible Households
who have taken card. These are as follows.
|
FIR Lodged ( number) |
Ineligible persons arrested
|
Cost recovered |
Cost recovered from
number of persons |
|
6786 |
353 |
42,13,67,266.00 |
1,19,802 |
4.In view of rising
discontentment among the
people who suffered
due to police action and arrest,
the State Govt. amended the PDS ( Control) Order, 2016
terming it as Odisha
PDS ( control) Amendment
Order,2016 making a provision that
if any person holds ration card
and coming under exclusion
criteria , but he returns such ration card on or before
the 30th September ,
2016 , no action shall be taken against him.
5.While releasing
Govt. order dt. 9.8.16, the State
Govt. instructed all Collectors to refund the recovered cost to the
beneficiaries who have surrendered their
cards and withdrew all criminal
actions initiated against
them. However, the surrendered
cards would remain
cancelled till a beneficiary
claims it back with proof of eligibility.
6.The beneficiaries covered
under rural housing scheme like
Pradhanmantri Awas Yojana or IAY or Biju
Pucca Yojana should not be
debarred from getting benefits under NFSA. The 9th exclusion criteria will
not be applicable to the
beneficiaries covered under the above schemes.
Pradip
Pradhan, M-9937843482, Date- 24.12.16
74. 100 acres of precious land under
Damapada Tahsil was leased out to a Trust for a fake University at throw away
price by Govt. of Odisha
Sequence of event leading
to leasing out of 100 acres of precious land to a Delhi-based Trust for a fake vedic
University by BJP-BJD coalition Govt.
1.
From file noting dated 7.1.2008, it was found
that Sri Mukundananda, president of Jagadguru Kripalu Yoga Trust which is a
public trust vide regn. No.4089 under certificate ( section 60)
dated 25.9.2007 having its Regd.
Office at Flat No. 317 , Tower No.1 ,
Mount of Kailash, East of Kailash , New Delhi-65 applied
to Tahasildar, Banki under Cuttack district, Odisha for settlement of
land measuring an area of 40.71
dec. From Khata No. 779 ( abada Jogya Anabadi) with 16
plots) of Mouza Banara in Misc. Case No. 311/07-08 for establishment of
Centre for Advanced Vedic Studies
and spiritual science of
“Jagatguru Kripalu
University”. The Trust has its
branch office at Krishna Kunj, Plot No.-
2110/3247, Mahadev Nagar, Jharpada, Bhubaneswar.
2.
On 10.1.2008, Tahasildar , Banki in his official
file noting mentioned that out of 16
plots applied for lease, Plot No. 3850, 3857, 3869,3870,3872,3884 and
3386 have been transferred to the Bhubaneswar Development Authority (
BDA) vide the lease case no. 79/1993 .
But due to non-payment of premium, the land has not yet settled in favour of
BDA. Similarly plot No. 3651 has been settled on lease in favour of “Secretary,
Subudheswar Milita Bidyapitha, Banara”.
Further three plots i.e., Plot No. 3872, 3884 and Plot No. 3852 are also not
suitable as the same are not connected by road. Hence out of 16 plots, only 7
plots with quantity of Ac. 13.49 are suitable for leasing out to Trust.
3.
On 8.2.2008, same Tahasildar , Banki moved
de-reservation Misc Case arises
out of the lease misc. case No.
312/2007-08 for eventual settlement of land bearing Khata No. 782 consisting of
8 plots with quantity of Ac. 86.51 in
favour of Krupalu Yoga Trust for establishment of Centre for Advanced
Vedic Studies and spiritual science
of “Jagadguru Kripalu University”.
4.
On 25.2.2008, Tahasildar, Banki in its file noting has mentioned
that total area of the village Banara
is Ac. 1032.12 decimal and total recorded
Gochar land in the village
is Ac. 142.79 decimals. Out of the above
area Ac. 142.79 recorded with Kissam “Gochar”, a minimum area of Ac.50.20
decimals calculated at the rate of 5 % of the effective area of the village has
to be maintained for pasturage. The rest recorded Gochar land Ac.92.59 can be used for development purpose.
5.
In the meantime, On 2.2.2008, Minister for
Higher Education gave instruction to Tahasildar, Banki to examine lease application and accordingly submit lease case record to the District office. Minister has also
recommended ( letter memo No.
224/MHEPG&PA dt. 2.2.2008) to
consider the application for allotment of required land for establishment of Vedic University cum health care centre.
6.
It is found that After so-called proclamation
period inviting public objection for
deserving Gochar land is over and
finding no objection from the public, Tahasildar, Banki move the file to
Collector, Cuttack to deserve Ac. 86.51 of land
( Khata No. 782 ( Rakhita) with 8 plots)
as per section 3 (A)(1) of the
Odisha Govt. Land Settlement Act,1962.
7. In
the meantime, as mentioned in file noting of Tahasildar, Banki dated 3.5.2008,
the President of Jagatguru Krupalu Trust has applied for settlement of an
area of AC. 40.71 decimals from Khata
No. 779 and 782 of the Mouza, Banara.
8. After
reorganisation of Tahasils in the state,
Damapada Tahasil was created. As the said land comes under jurisdiction
of Tahasil, Damapada, Tahasildar ,
Damapada was handed over this case of leasing out of land
to Trust. On 8.8.2008, Tahasildar Damapada
submitted detailed proposal for deserving land Ac. 86.51 to
Sub-collector, Banki for necessary action. Tahasildar also made valuation of
the land as per approved Bench Mark Statement. The Bench Mark Statement of the
Mouza Banara is given below.
Category-II Kissam of land – Valuation Rs. 75,000/-
which comes under Sarada-I,11, Sarada Dofasali –I,II
Category-IV , Kissam of land – Valuation Rs. 1,00,000/- which comes under Puratana Patita, Bagayata-I,II and III.
Category- V, Kissam of Land- Valuation Rs. 11,20,000 which comes
under Gharabari –I and II. This category being contemplated and suggested for
valuation of said patch of land for vedic university as it will construct
building and other infrastructure over the said land within the preview of
Gharabari Kissam which was previously overlooked by Tahasildar, Banki
9. On
8.8.2008, Sub-Collector, Banki endorsed dereservation proposal to Collector,
Cuttack for necessary further action for approval of De-reservation proposal
and also endorsed Premium amount for land Rs. 11.20 lakhs per Ac so as to fetch
higher Govt. revenue. .
10.
On 11.9.2008,
in exercise of power
conferred under section 3-A of
Odisha Govt. Land Settlement Act, 1962
read with Rule-4 of Odisha Govt.
Land Settlement Rules, 1983, the Collector sanctioned dereservation of Gochar
land Ac. 85.51 decimal ( Misc. Case No. 1/08)
for its eventual settlement by
way of lease in favour of Jagatguru
Kripalu Yoga Trust , New
Delhi for the purpose of establishment of a spiritual Vedic
University in anticipation of permission from Government in Home ( Special branch )
as per notification no. G.E. (GL)S 226/87-65061/Rev. Dated 2.11.87. The
land dereserved shall be recorded under Abada
Jogya Anabadi Khata of village Banara
changing the classification to Unnata Jojana Jogya in the R.O.R.
11.
After receiving of the order for dereservation
from ADM, Cuttack vide no. 2568/Rev.
Dated 12.9.2008, Tahasildar,
Damapada tagged together the lease case No. 311/2007-08 (
land measuring Ac. 13.49) and lease Case No. 312/07-08 ( Ac. 86.51)
constituting the entire case land
measuring an area of Ac. 100.00 dec.
Dealt in Misc case no. 311/07-08.
12.
On
16.10.2008, the Sub-Collector, Banki calculated valuation of Ac. 100.00 of land
under Gharabari category as per Bench Mark valuation which is Rs. 11.20
lakhs per acre. He suggested that the lease may be considered
to be sanctioned subject to realisation of the total amount from Jagatguru
Krupalu Yoga Trust as mentioned below. It was endorsed to the Collector,
Cuttack for final approval.
|
Premium- Rs. 11.20 lakhs per
acre ( Ac. 100.00 x Rs. 11.20
lakhs ) |
Rs. 11,20,00,000/- |
|
Rent @ 1% of the premium |
Rs. 11,20,000/- |
|
Cess @ 75% of the rent |
Rs. 08,40,000/- |
|
Cost of trees |
Rs. 80,000/- |
|
Total |
Rs. 11,40,40,000/- |
13. On
29.9.2008, the Collector, Cuttack in its
file noting has mentioned that
as it is revealed from the MOU
signed between Govt. and Trust, the
Trust has agreed to pay whatever premium
that will be fixed by
Government at the time of sanction of
lease. So the Collector endorsed to Revenue Divisional Commissioner,
Cuttack the proposal of
Sub-Collector for sanction of lease land of Ac. 100 in favour of Jagatguru
Krupalu Yoga Trust subject to payment
of amount calculated as Rs. 11,40,40,000/-.
14. 0n 29.1.2009, RDC, Cuttack moved the case record to Government through
Board of Revenue to consider sanction of
the lease in the instant case so also for fixation of premium, annual
ground rent and cess @ Rs. 11.20 lakhs per acre
earlier recommended by the
Collector, Cuttack vide his order sheet dated
29.10.2008 or at the rate of present Bench Mark valuation of the proposed land ( Rs. 1.00 lakh per acre) reported by Collector, Cuttack vide his
order sheet dated 29.12.2008.
15. Astonishingly, the premium amount of Rs. 11.20
lakhs per acre was changed in the meeting
held under Chairmanship of the Chief Secretary, Odisha on 20.5.09. The premium of the case land is suggested
@ Rs. 1.00 lakh per acre as the present kissam of the land is
“Patita” basing on Bench Mark valuation
of the village-Banara . As such
the lessee will be eligible to deposit the premium, rent cess etc. after sanction of the lease by the competent authority of 100 acres of
land , which is as follows.
|
Premium- for the case land
measuring a area of 100 acres @ Rs.1.00 lakh per acre
|
Rs. 1,00,00,000/- |
|
Rent @ 1% of the premium |
Rs. 1,00,000/- |
|
Cess @ 75% of the rent |
Rs. 75,000/- |
|
Cost of trees |
Rs. 80,000/- |
|
Total |
Rs. 1,02,55,000/- |
16. The
lease deed was signed between Govt. of Odisha and Swami
Mukundananda, President and Managing Trustee , Jgatguru Kripalu Yoga
Trust , New Delhi with its
registered office at XVII/3305 , 1st floor, Ranjit
Nagar ( Pusa side) New Delhi -110008 on
16.11.2009
Observation
1. This Trust
was registered under Indian Trust Act
on 25.9.2007 and applied for land for establishment of Vedic University in the
month of Nov. 2007. The State Govt. immediately started the process of leasing
out of land to Trust. How the Govt. got
convinced that this Trust requires 100 acres of land
for University.
2. Why the
prime land of Banara mouza under Damapada Tahsil was leased
@ Rs. 1,00,000.00 per acre, when the Tahasildar, Damapada, Collector,
Cuttack and RDC, Cuttack has
recommended Rs. 11,20,000.00 per acre of
land. It shows the State Govt. has given undue benefit to a private trust by leasing out land at throwaway price.
3. The unholy
alliance of BJP-BJD leaders and corrupt bureaucrats with
Trust can not be ruled which requires thorough investigation.
4. The State
Govt. has signed MOU with the Trust for establishment of Vedic University in Odisha.
The State Govt. should put in public domain how the Govt. got convinced and
evaluated the strength and
efficiency of a Trust to establish a vedic university.
Pradip Pradhan, On behalf of Civil Society
Forum, Odisha, M-9937843482, dt. 28.4.17
75. Fund sanctioned by State of Govt. to Private Hospitals and Nursing Homes under
Biju Krushak Kalyan Yojana from 2014 to 2016
Though the farmers are viewed as
backbone of the State, they continue to suffer from poverty, social and
economic inequality and tragic death due to lack of accessibility to health
care and heavy expenditure on medical care and hospitalisation. With a view to providing health insurance
cover to farmers in the rural odisha and their families, Govt. of Odisha has
been implementing Biju Krushak Kalyan Yojana ( BKKY).
RTI Application was submitted to the
PIO, Directorate of Agriculture and Food Production, Odisha seeking information about details of
list of the Private Hospitals
which are empanelled by the Govt. to provide free treatment to the patients covered
under BKKY, details of
fund received from Govt. by each private Hospitals against providing
free treatment to the patients,
number of BKKY- covered- patients received treatment by
these private hospitals. The information provided by the PIO on 3.2.2017 is as follows.
1. Total no.
of 240 Private Hospitals and Nursing Home has been empanelled for providing free health service to
BKKY card holders in the state.
2. From 2014
to 2016, 133 Private Hospitals and Nursingh Homes have received money from State Govt. by Providing free treatment to the farmers under BKKY. The Total fund received by Private
hospitals in different year is as follows.
|
2014 ( in Rs.) |
2015 ( In Rs. ) |
2016 ( In Rs.) |
|
21,80,32,275.00 |
46,39,20,834.00 |
38,96,32,700 |
3. The following is the name of the prominent hospitals
which have received crores of rupees from Govt. under BKKY is as
follows.
|
Name of Hospital |
2014 |
2015 |
2016 |
|
KIMS/ KIIT , Bhubaneswar |
1,58,80,900.00 |
2,35,26,725.00 |
0 |
|
Amit Hospital |
90,38,425.00 |
1,38,57,550.00 |
1,51,14,625.00 |
|
Balaji Nursing Home |
31,71,750.00 |
45,94,950.00 |
49,68,025.00 |
|
HI-TECH Hopsital |
87,61,600.00 |
1,01,97,366.00 |
0 |
|
ECOS EYE Hospital |
69,53,700.00 |
76,51,700.00 |
73,64,500.00 |
|
SUM Hopsital |
95,65,775.00 |
3,60,07,401.00 |
3,56,17,674.00 |
4.
No. of farmers who have received free treatment in different hospitals under BKKY
is as follows
|
2014 |
2015 |
2016 |
|
25462 |
57172 |
53169 |
Comments
1.
This information is shared with readers to
monitor and check misuse of BKKY card by Private Hospitals and Nursing Home. Due to ignorance of the farmers, huge money is being misappropriated by
private hospitals. During admission at Hospital, the BKKY card is taken from the famers who do not know about
how much money was deducted from their
card and balance amount with
them.
2.
To know more about the details of
procedure followed for sanctioning the amount and money earmarked annually
for BKKY card holder
for different category of
patients, please see guideline of BKKY by visiting website www. Bkky.gov.in.
Pradip Pradhan,
M-937843482, Date-15.2.17
76. Management of Mid-day-Meal in Odisha
Mid-day-Meal is one of the
food security programme under which each children of Primary and Upper Primary
schools are entitled to get a hot cooked noon-meal in the school. The objective of the scheme is to provide
nutritious food to the school-going children, check school drop-out and
increase attendance of the students. Presently, food under this scheme has
been guaranteed under National Food
Security Act, 2013.
In view of allegation of State
Govt. about budgetary reduction for MDM by Central Govt. which has affected MDM
in Odisha, RTI Application was filed to
the PIO, Dept. of School and Mass Education, Govt. of Odisha seeking
information about details of budgetary allocation and expenditure from both
Central and State share and utilisation
of fund under different heads. On
10.11.17, the PIO has provided the information which is as follows.
Though there is substantial reduction of fund
amounting few crores by Central Govt.
for MDM in Odisha, but
the Govt. has not been able to
utilise the allotted fund for same.
In an average, every year, Rs.
100 crore remained unspent balance. It means though fund is available, it could
not be spent by State Govt. due to reasons best known to
them.
It is fact that quality of
food can be ensured, if there will be goof environment and storage facility in
each school. In 2013-14 , the State
Govt. allotted Rs. 94.20 crore for construction of building for
kitchen-cum-store room ( Rs. 60,000.00 per kitchen room). After that not a single pie has been allotted
for Kitchen room. That’s why thousands
of schools are devoid of Kitchen-cum-store room because of non-allocation of
fund by State Govt. Quality food under
MDM is denied to the children.
In 2014-15, The State Govt. made a big advertisement that LPG will be provided to all schools. Within 4 years, a sum of only
3.5 crore has been allotted for LPG gas
connection. It shows how the State Govt. has been neglecting MDM and as
well as children in Odisha. That’s why MDM is mess in Odisha.
( Rs. In Lakh)
|
Year |
Fund Sanctioned |
Expenditure |
||||
|
|
Central Share |
State Share |
Total |
Central Share |
State Share |
Total |
|
2013-14 |
63935.89 |
39824.75 |
103,760.64 |
54917.66 |
29489.80 |
84407.46 |
|
2014-15 |
58450.84 |
24195.55 |
82646.39 |
51824.23 |
20017.47 |
71841.70 |
|
2015-16 |
48373.55 |
27513.21 |
75886.76 |
45522.01 |
25652.42 |
71174.43 |
|
2016-17 |
46692.62 |
33356.73 |
80049.35 |
42267.63 |
29719.00 |
71986.63 |
|
2017-18 ( upto
Sept.) 6 months |
27811.43 |
20063.60 |
47875.03 |
22453.45 |
16105.17 |
38558.62 |
( Rs.in Lakh)
|
Sl.No |
Component |
Expenditure incurred |
|||||
|
2013-14 |
2014-15 |
2015-16 |
|||||
|
Central Share |
State Share |
Central Share |
State Share |
Central Share |
State Share |
||
|
1 |
Cost of foodgrain |
7709.07 |
0.00 |
7067.36 |
0.00 |
6995.16 |
0.00 |
|
2 |
Cooking Cost |
32681.62 |
16763.27 |
32903.97 |
16489.81 |
28365.23 |
21308.83 |
|
3 |
Hon. To Cook-cum-Helper |
9927.81 |
3306.53 |
9525.31 |
3175.10 |
8417.38 |
4343.59 |
|
4 |
Transportation Cost |
993.97 |
0.00 |
806.54 |
0.00 |
912.84 |
0.00 |
|
5 |
MME |
893.79 |
0.00 |
972.20 |
0.00 |
831.40 |
0.00 |
|
6. |
Kitchen devices |
2711.40 |
0.00 |
548.85 |
0.00 |
|
|
|
7 |
Kitchen-cum-Store |
0.00 |
9420.00 |
0.00 |
0.00 |
|
|
|
8 |
LPG |
0.00 |
0.00 |
|
352.56 |
|
|
|
|
Total |
54917.66 |
29489.80 |
51824.23 |
20017.47 |
45522.01 |
25652.42 |
|
Sl.No |
Component |
Expenditure incurred |
|||
|
2016-17 |
2017-18 |
||||
|
Central Share |
State Share |
Central Share |
State Share |
||
|
1 |
Cost of foodgrain |
3570.45 |
0.00 |
1627.33 |
0.00 |
|
2 |
Cooking Cost |
28635.49 |
24198.64 |
17046.68 |
14172.03 |
|
3 |
Hon. To Cook-cum-Helper |
8280.54 |
5520.36 |
2899.72 |
1933.14 |
|
4 |
Transportation Cost |
824.01 |
0.00 |
366.31 |
0.00 |
|
5 |
MME |
823.24 |
0.00 |
513.41 |
0.00 |
|
6. |
Kitchen devices |
133.90 |
0.00 |
0.00 |
0.00 |
|
7 |
Kitchen-cum-Store |
0.00 |
0.00 |
0.00 |
0.00 |
|
8 |
LPG |
0.00 |
0.00 |
0.00 |
0.00 |
|
|
Total |
42267.63 |
29719.00 |
22453.45 |
16105.17 |
|
Year |
No. of School |
No. of
Cook-cum-Helpers engaged |
|
2013-14 |
63531 |
133349 |
|
2014-15 |
62640 |
128461 |
|
2015-16 |
62784 |
128817 |
|
2016-17 |
62708 |
128429 |
|
2017-18 |
58301 |
122500 |
Total children studying
in Primary and Upper Primary schools in Odisha is 51 lakh children.
Pradip Pradhan,
M-9937843482, Date-29.4.17
77. Legally released Bonded labourers in Odisha as per
SECC 2011 Survey
As per Socio-Economic Caste Census data of 2011, there are 8292 bonded labourers identified in
Odisha. Keeping it in view, RTI Application was
submitted to the PIO, Department of Panchayat Raj, Govt. of Odisha seeking the
following information.
A. Provide district-wise data
of bonded labourers in Odisha
B. Provide list of bonded labourers released by the State
administration in different districts of Odisha
C. Provide details of procedure followed for
rehabilitation of bonded labourers in Odisha
D. Provide list of bonded labourers along with their
address who have been rehabilitated and amount of compensation and other
support provided to them.
The PIO has supplied the information on 15.5.17 which is as follows. The PIO
has also forwarded my RTI Application to all Districts to provide rest of the
information.
Legally released Bonded
labourers in Odisha as per SECC 2011 Survey
|
Sl.No |
Name of district |
(Total Household- excluded household) |
Legally released
bonded labourers |
|
1 |
Angul |
213638 |
3 |
|
2 |
Balangir |
366829 |
1039 |
|
3 |
Baleswar |
409924 |
0 |
|
4 |
Baragarh |
309074 |
615 |
|
5 |
Boudh |
97071 |
13 |
|
6 |
Bhadrak
|
240874 |
108 |
|
7 |
Cuttack |
346307 |
0 |
|
8 |
Deogarh |
63664 |
23 |
|
9 |
Dhenkanal |
231298 |
161 |
|
10 |
Gajapati |
95842 |
91 |
|
11 |
Ganjam |
424416 |
184 |
|
12 |
Jagatsingh Pur |
181304 |
62 |
|
13 |
Jajpur |
323178 |
4 |
|
14 |
Jharsuguda |
66533 |
10 |
|
15 |
Kalahandi |
344897 |
98 |
|
16 |
Kandhamal |
143492 |
22 |
|
17 |
Kendrapara |
255340 |
434 |
|
18 |
Kendujhar |
310355 |
350 |
|
19 |
Khorda |
213657 |
57 |
|
20 |
Koraput |
243702 |
151 |
|
21 |
Malkangiri |
119115 |
55 |
|
22 |
Koraput |
243702 |
151 |
|
23 |
Nabarangpur |
228182 |
10 |
|
24 |
Nayagarh |
190362 |
1158 |
|
25 |
Nuapara |
142367 |
39 |
|
26 |
Puri |
254765 |
5 |
|
27 |
Rayagada |
166091 |
8 |
|
28 |
Sambalpur |
153404 |
45 |
|
29 |
Subarnpur |
125056 |
1499 |
|
30 |
Sudargarh |
287734 |
202 |
|
Total |
|
7049215 |
6769 |
Pradip Pradhan,
M-9937843482, Date- 18.5.17
78. 100 acres of land
allotted to KIIT/KISS by IDCO, Govt. of Odisha- Highest ever land allotted to a
private Institution in Bhubaneswar, State Capital of Odisha
RTI Application was submitted to the
PIO, Office of IDCO, Bhubaneswar seeking information about details of land
allotted to KIIT/KISS by IDCO upto 2017.
In 2014, CAG has objected and
recommended to State Govt. not to allot any land to KIIT as that Institution has acquired
around 82 acres of land through fraudulent means and encroached forest land. On 30.5.2017, the PIO has
supplied details of around 100 ares of land allotted to KIIT/KISS
in Bhubaneswar. It was found that despite CAG objection, the State Govt. has
again allotted Ac. 5. 258 to KIIT for its expansion without taking any steps for recovery of land
from KIIT. The details of information is as follows.
|
IDCO
Plot No |
Area
allotted ( in Acre) |
Date of
allotment |
Transfer
letter No. |
Date of
Transfer to KIIT/KISS |
Purpose
of Allotment |
Remarks |
|
15 |
10.130 |
4.6.1982 |
8973 |
13.6.2003 |
Degree
Engineering College |
While
exercising audit of IDCO land, CAG has pointed out that KIIT has acquired
these lands through fraudulent means and in connivance with corrupt officials
|
|
18 |
1.000 |
26.3.1983 |
8863 |
11.6.2003 |
Engineering
College and Hostel |
|
|
14/A |
5.000 |
2.12.1983 |
1706 |
4.2.2003 |
Professional
Institute |
|
|
14/B |
1.000 |
11.2.1986 |
1706 |
4.2.2003 |
DO |
|
|
26 |
0.501 |
25.5.1984 |
8860 |
11.6.2003 |
Engineering
College |
|
|
41 |
0.500 |
9.12.1985 |
11371 |
24.7.2003 |
Degree
Engineering College |
|
|
22 |
0.501 |
5.6.1986 |
11365 |
24.7.2003 |
DO |
|
|
42 |
0.200 |
11.5.1988 |
8866 |
11.6.2003 |
Tribal
School |
|
|
42/1 |
0.150 |
17.5.1988 |
8866 |
11.6.2003 |
Tribal
School |
|
|
19 |
0.507 |
19.8.1989 |
11368 |
24.7.2003 |
Engineering
College |
|
|
19/A |
0.501 |
8.12.1993 |
8863 |
11.6.2003 |
DO |
|
|
44 |
4.278 |
14.5.2004 |
|
|
Professional
/ Management Institute |
|
|
65
&20B |
5.913 |
29.4.2005 |
|
|
Technical/Management/
Biotech Institute |
|
|
40/1 |
0.200 |
28.3.2006 |
|
|
Parking
of vehicle |
|
|
87 |
10.200 |
31.7.1990 |
7567 |
23.4.2008 |
Professional
Institute |
|
|
Excess
land |
1.905 |
17.7.2009 |
|
|
DO |
|
|
23/B,
23/D, 22/A/2,45,41/E,92,68/A,68/B,91/A,89,1/B |
4.683 |
17.7.2009 |
|
|
Professional/
Management Institute |
|
|
28 |
4.828 |
29.12.1999 |
24684 |
13.12.2010 |
Institutional
purpose including +2 science college |
|
|
63 |
0.150 |
5.3.1987 |
22360 |
8.11.2010 |
Institutional
purpose |
|
|
12/C |
0.989 |
3.12.2003 |
20558 |
6.10.2010 |
Professional
Educational Institution |
|
|
31 |
1.550 |
16.2.2002 |
20708 |
8.10.2010 |
Institutional
purpose |
|
|
51 |
3.504 |
25.9.1999 |
3233 |
15.2.2011 |
Institutional
purpose |
|
|
20/A |
2.000 |
10.4.2000 |
25407 |
23.12.2010 |
Institutional
purpose |
|
|
27/A |
1.000 |
4.9.1984 |
17327 |
18.10.1997 |
Institutional
purpose |
|
|
25 |
6.883 |
25.2.2004 |
|
|
700
bedded hospital |
|
|
24
&12/A |
3.896 |
29.4.2005 |
|
|
700 bedded hospital |
KIIMS |
|
44/C,D
& 44/E |
3.214 |
10.6.2009 |
|
|
Professional/Management
Institute |
KIIMS |
|
A/8
& 9 |
0.987 |
30.5.2009 |
24520 |
16.12.2011 |
Social
Infrastructure/ Educational Institution Purpose |
|
|
16/D |
1.000 |
14.4.2014 |
|
|
Library
for Tribal Children |
|
|
102,M/4
to M/19, M/19/1, M/19/2, N/1 to N/9, N/1/A
to N/1/C, N2/1, N/6/IN/14(p) to N/19(p) & N/19/1 |
14.000 |
25.7.2014 |
|
|
Expansion
of Existing Institution |
Despite
objection raised by CAG, the State Govt. illegally allotted this land to
KIIT. This is undue favour. |
|
17/A
& 89/1 Revised
plot No. 320/3370 (P) & 20(P)
Khata No. 474/1607 |
5.258 |
2.2.2016 |
|
|
Expansion
of Existing Institution for benefit of tribal children |
|
|
Total |
96.428 |
|
|
|
|
|
N.B.- Besides that KIIT has
illegally acquired around 30 acres of
forest land without sanction of Govt. Pradip Pradhan, M-9937843482,Date- 15.6.17
79. RTI, CBSE and Copy of Answer-sheet
All of you are aware that
hundreds of students whose result has been withheld by Central Board of
Secondary Education (CBSE) or given unexpected marks in their exam paper by
examiner have been sitting on Dharana in front of CBSE, Regional Officer,
Bhubaneswar demanding copy of their
answer-sheet and re-evaluation of their exam paper. On 12.6.17, finding recourse to get copy of answer-sheet under RTI
Act, hundreds of students filed RTI Application to the Central Public
Information Officer, office of CBSE, Regional office, Bhubaneswar seeking copy of the Answer-sheet within 48 hours as it relates to their life
and liberty as per proviso of section
7(1) of the RTI Act. This section says
“ where the information sought
for concerns the life or
liberty of a person , the same shall
be provided within 48 hours of the receipt of request. The CPIO has
rejected the application citing
that your case does not fall under the purview of threat to life and liberty as per provisio to section 7(1) of the RTI
Act and as per decision No.
CIC/WB/C/2006/00066 dated 19.4.2006 of Central Information Commission, New
Delhi. Therefore the information can not
be supplied within 48 hours. While
rejecting my application, he has further stated that CBSE is making its on-line open window from 14.6.2017 for seeking photocopies of answer-sheet as per procedure defined
in CBSE Notification dated 29.5.2017 and apply on-line as per schedule and deposit the prescribed
fees to get the copy of Answer-sheet.
As I feel, CBSE’s rejection of RTI Application and
denial of information is illegal, unjustified
and unreasonable. The Apex Court,
High Courts and Central Information Commission have removed this confusion and issued direction to appropriate
authorities to provide copy of answer-sheet under RTI Act. I cite
few examples for reader’s reference.
1. The
contention of CPIO that the information
sought for does not fall under the
purview of threat to life and liberty
is legally wrong. How the CPIO
could know that the information sought for does not relate to life and liberty.
The quick availability of answer-sheet with students will help them evaluate their career and take decision to apply for
admission. It will erase doubt and bring
more clarity about result of their hard-work pursued for appearing exam. The exam marks plays an important role in
pursuing academic career for
higher studies during academic year and selecting different faculties in different
educational institutions . The result of exam also influences our social prestige , dignity and credibility in the society. The more the highest mark secured in exam,
the life becomes brighter. While
getting copy of my answer-sheet, If they find answer-sheet has not been properly valued, it
will help them understand the problem and take necessary steps
accordingly without taking any harsh decision in their career.
It has been noticed several times
that due to poor performance in exam, many
students have committed suicide. So
the said information is
closely related to their life and liberty.
2. Hon’ble
Supreme Court in CBSE v Aditya Bandopadhyay { SLP (C) No. 7526/2009} held that
when a candidate
participates in an examination and writes
his answers in an answer-book and submits it to examining body for evaluation
and declaration of the results, the answer-book
is a document and record . Therefore the evaluated answer-sheet is also
information under RTI Act and requires to be available to the
Information-seekers. Further the
Hon’ble Supreme Court in the case
of ACAI
V Shaunak Satya { SLP ( C) No.
2040/2011} held that copies of
evaluated answer-sheet can not be
under any exemption prescribed
under RTI Act. In Manish God v UPSC [CIC/SM/A/2012/001654 & 1708}, the
Central Information Commission has held that the right to get copies of
answer-sheet could not be denied under RTI Act.
3. CBSE
Notification dated 29.5.2017
which has outlined details of
procedure for supply of photocopy of answer-sheet with
deposit
4. of exorbitant
fees is also
not justified, as the RTI
Act has
over-riding effect in respect
of supply the information i.e., copy of
answer-sheet @ Rs. 2.00 per single
photocopy. Section 22 of the Act says “ the
provision of this Act shall have
effect notwithstanding anything
inconsistent therewith
contained in the officials secret
Act, 1923 and any other law for the
time being in force
or in any instrument having
effect by virtue of any law other than Act”. So when RTI Act is in
force, the copy of answer-sheet shall be available as per section 7(1) of the
RTI Act not as per procedure
fixed by CBSE through
notification. As I understand, CBSE is an autonomous organisation and competent
enough to make its own rules and
regulations for its functioning. But it has no power to restrict to access to
information which was guaranteed by the RTI Act. The Kerala High Court in the
case of Kerala Public Service Commission vs
State Information Commission (
AIR 2011 KER 135) had observed that
RTI Act has been made by the legislature within its competence , it can not be watered
down or modified except by recourse
to legislative procedures.
5. Imposition
of exorbitant cost i.e, Rs. 700.00 for photocopy of answer-sheet by CBSE has caused extra financial constraints and economic
burden on the students which is not at
all affordable. Prior to appearing the exam,
they have paid all fees and
charges to CBSE without hesitation. It is the fault of CBSE for which
they are suffering. That’s why they have applied to get a copy of answer-sheet whether the marks awarded them is justified or not. This answer-sheet should be provided free of cost. As CBSE
is demanding illogical, unethical and unjustified fees
for copy of answer-sheet, they have taken recourse of RTI Act to get it.
Hon’ble Rajasthan High Court has
thoroughly examined the issue of
charging higher fee for answer-sheet by Universities in case of Alka Matoria v Maharaja
Ganga Singh University and others { AIR 2013 Raj126} dated 21.12.2012
and held that “Having regard to the purpose of the enactment and the nature and
purport of the provisions therein, we are of the view that even if the
respondent University were to make independent regulations for the purpose of
providing certified copies, so far the fields covered by the Rajasthan Rules of
2005 are concerned, the respondent
University cannot make any such regulation that could stand at conflict with
such rules.” The Court finally directed
that regulations framed by the respondent University deserves to be
quashed as illegal and the respondent University deserves to be directed to
provide the certified copy of the answer-book to the petitioner after charging
the fees as prescribed under the Rajasthan Rules of 2005 and not beyond.”
It is needless to mention here that Maharaja Ganga Singh University , Bikaner had filed
Special Leave Petition before
Supreme Court which was called on for
hearing on 22nd April ,
2013. The bench consisting of Justice
R.M.Lodha and Justice Kurian Joseph
dismissed SLP. So imposition of unreasonable fees
per answer-sheet by CBSE shows
exploitative character of
CBSE and amount to complete denial of
information to the students on ground
of their economic status which is
in violation of article 14,15,16 of
constitution of India. Charging
of fees i.e., Rs.700.00 per answer-sheet
will amount to breach of section 3,6,
and 7 of the RTI Act. So, it
deserves to be withdrawn in the greater
interest of students.
6. The
Central Information Commission has also
echoed similar views. On 15.1.2016, In the case of Abne Ingty v. CPIO, Delhi
University, New Delhi , the Central Information Commission has given direction to the authority of Delhi
University to make necessary changes to its practice in relation to
providing access ad having a copy of answer-sheet at cost of Rs.2.00 per copy
as per their very own manual no. 17 and accept RTI Application from the date of
declaration of results through the period of retention of record, as mandated
by RTI Act. The Commission also recommends
Executive Council to change the Rules concerning answer-sheet, which is
discouraging the students from seeking re-evaluation of answer-sheet facilitating
lack of accountability much against the letter and spirit of RTI Act.
So It is
my earnest appeal to all to help the students in their fight to access the
information i.e. copy of
answer-sheet under RTI Act.
Sanjukta
Panigrahi , M- 9238598756, Date- 16.6.17
80. Defamation
suit of Rs.5 crore filed against Achyut
Samant, founder of KIIT in the Court of
Civil Judge ( Senior Division) , Bhubaneswar
On 7.9.17, Smt. Sanjukta Panigarhi,
Woman Activist filed a defamation suit of Rs. 5 crore against
Himanshu Sekhar Khatua, Managing Director, Kalinga TV, Sri Achyut
Samant, Founder, Kalinga TV, Soumyajit Patnaik, Editor, Kalinga TV in the court of Civil Judge ( Senior Judge) ,
Bhubaneswar to pass an interim
injuction restarining them from
publishing/ telecasting /circulating any defamatory newsnagainst her and from doing any illegal activity against her. She has also filed a defamation suit of Rs. 5 crore for losss of her dignity and social prestige
in the society due to defamatory
language used her.
Hearing and considering the petition of Smt. Panigrahi under U/o. 39
Rule-3 of CPC, the hon’ble court granted
injuction and restrained all three accused from publishing,
telecasting and circulating any matter
which are defamatory and libellous in
nature causing defamation to the petitioner directly or indirectly till 17.9.2017 and filling
of show cause by them by 17.9.17.
It needs to be mentioned here that on dated 01.09.2017 at about 7P.M,
Kalinga TV Channel telecast a news item making several false, baseless,
imaginary and defamatory allegations against
RTI Activists Smt. Sanjukta
Panigrahi, Pradip Pradhan, Sudhir Mohanty and Ashok Nanda with an intention to
blackmail her and tarnish her public image. The derogatory , false and
defamatory news item aired
by Kalinga TV Channel
was designed to malign the image of
all leading RTI Activists including Sanjukta Panigrahi. This news
caused a lot of mental agony and damaged her prestige and dignity in public domain.
Smt. Sanjukta Panigrahi is
leading woman activist of the state and involved in a number of campaigns in
Odisha. Since
1994, she has been actively involved in social field and carrying out various
activities for empowerment of women. She
has also been passionately taking
various issues relating to violation of
child rights, women rights in Odisha, proper rehabilitation of slum-dwellers forcably evicted by the State administration and working for effective implementation of
Right to Information Act, Right to
Education Act and ensuring admission of poor children
and weaker section of society in Private English medium school based in
Bhubaneswar fulfilling 25% category of
reservation under RTE Act. She has
worked in various social organisations like CYSD, Open Learning System and many
organisations. As RTI Activist, she has
also used RTI extensively to enforce transparency and contain corruption. Smt.
Panigrahi is a also involved in the movement
demanding CBI inquiry into land scam.
Srikant Pakal, RTI Activist, Odisha , Date- 9.9.17
81. Status of Commission of Inquiry constituted
by Govt. of Odisha from 2000 to 2017
(Information supplied by Home Dept. as on
12th April 2017)
|
Sl.No. |
Name of Judicial
Commission |
Date of
appointment |
Date of
submission of Report |
Action Taken
Report |
|
1 |
Commission of Inquiry on
alleged activities of drug mafia in and around Balasore district by Sri
Justice P.C.Nayak/P.K.Mohanty |
1.8.2000/ 27.5.2002 |
31.3.2007 |
Appropriate Action has been
taken and the report with ATR has been
laid in assembly on 19.12.2008. |
|
2 |
Commission of Inquiry on
Violence inside the premises of SCB Medical college and Hospital, Cuttack on
16.7.2000 by Justice P.K.Mishra |
7.8.2000 |
5.11.2002 |
Appropriate Action has been taken and the report with ATR has been laid in
assembly on 11.8.2006 |
|
3 |
Commission of Inquiry on
police firing at village Maikanch under Kashipur police station of Rayagada
district on 16.12.2000 by Justice P.K.Mishra |
20.1.2001 |
17.1.2003 |
Appropriate Action has been
taken and the report with ATR has been
laid in assembly on 1.9.2005 |
|
4 |
Commission of Inquiry on
Confrontation between police and Members of Bar Association , Puri on
16.10.2001 by Justice A.K.Parichha, District/ session Judge , Khurda at
Bhubaneswar |
20.10.2001/ 18.8.2008 |
Closed |
|
|
5 |
Commission of Inquiry on
Police firing at Rangabhati and Raighar villages in Nabarangpur district on 30.10.2001 and 11.11.2001
respectively by Sri Justice Basudev
Panigrahi , District and Session Judge, Koraput |
4.12.2001/ 5.5.2005 |
Closed |
|
|
6 |
Commission of Inquiry on
alleged custodial death of Dillip
Kumar Sahu at Saheed Nagar police station in Khurda district on 3.3.2005 by District & Session Judge, Khurda at
Bhubaneswar |
13.9.2005 |
11.9.2009 |
Appropriate action has been
taken. The report along with
memorandum on action taken has been laid in Assembly on 28.3.2011. |
|
7 |
Commission of Inquiry on alleged
custodial death of Gajendra Majhi
in Kuchinda police station on 17.3.2005 by District & Session Judge,
Sambalpur |
13.9.2005 |
13.9.2007 |
Appropriate action has been
taken. The report along with
memorandum on action taken has been laid in Assembly on 8.4.2011 |
|
8 |
Commission of Inquiry on the incident of police firing in front
of Champua police station on 8.6.2005
by District & Session Judge
, Keonjhar |
14.9.2005 |
18.11.2006 |
Appropriate action has been
taken. The report along with
memorandum on action taken has been laid in assembly on 28.8.2015. |
|
9 |
Commission of Inquiry on the incident of police firing at Kalinga Nagar in Jajpur
district on 2.1.2006 by Justice A.S.Naidu/P.k.
Patra/P.K.Mohanty ( Retd.) |
4.2.2006 16.1.2008 4.9.2009 |
3.7.2015 |
Out of 3 recommendations of
the commission, 2 have already been
complied. Regarding payment of
Additional Ex-gratia, GA Deptt. Has already releases Rs. 16,50,000.00
in favour of collector , jajpur for disbursement of 27 injured persons. The
report has been laid in the assembly. |
|
10 |
Commission of Inquiry on the incident of stampede inside Shree Jagannath Temple,
Puri on 4.11.2006 by Sri Justice
P.K.Mohanty |
22.11.2006 |
15.9.2009 |
Appropriate action has been
taken and the report along with action
taken has been laid in assembly on 16.6.2016 |
|
11 |
Commission of Inquiry on
Violent incident occurred in different
parts of Kandhamal district during
December, 2007 by Justice Basudev Panigrahi |
29.12.2007 |
28.11.2015 |
Appropriate action as per
order of Govt. is taken |
|
12 |
Commission of inquiry
on feasibility of setting up of
permanent /circuit Benches of Odisha
High Court at different places by Justice C.R.Pal |
11.3.2008 |
31.5.2014 |
Under examination |
|
13 |
Commission of Inquiry on
Killing of Swami Laxmananda
Saraswati and others in Laleshpeta Ashram of Kondhamal district and incident of violence in its aftermath
by Justice S.C.Mohapatra/ Justice A.S.Naidu |
3.9.2008/ 24.9.2012 |
22.12.2015 |
Under examination |
|
14 |
Commission of Inquiry on Police firing at Bhuban in Dhenkanal
district on 22.3.2009 by District and session Judge,
Dhenkanal |
25.4.2009/ 9.2.2011 |
Closed |
|
|
15 |
Commission of Inquiry on death of two Engineering students at Bolangir
on 24.10.2009 by Justice S.K.Mohanty |
31.10.2009 |
14.1.2015 |
Appropriate action has been
taken and the report along with action
taken has been laid in assembly
28.8.2015 |
|
16 |
Commission of Inquiry on
Police firing at Bagalpur village in Cuttack district on 23.8.2010 by Justice S.K.Mohanty |
13.10.2010 |
30.5.2015 |
Appropriate action has been
taken and the report along with action
taken has been laid in assembly on
29.9.2016 |
|
17 |
Commission of inquiry on the incident involving a Judicial
Magistrate and the local police at
Rourkela on 2.4.2011 by Justice
A.S.Naidu |
16.4.2011 |
21.1.2013 |
Appropriate action has been
taken and the report along with action
taken has been laid in assembly on
28.8.2015 |
|
18 |
Commission of Inquiry on the
incident of grievous injury to a girl
of village Arjungoda, PS- Pipil
in Puri district on 30.11.2011 by Justice P.K.Mohanty |
13.1.2012 |
29.3.2016 |
Appropriate action has been
taken as per Govt. orders. ATRs have been received from H &FW Deptt. And DGP
police. |
|
19 |
Commission of Inquiry on unauthorised Collection of Public Deposits in the state by
Justice R.K.Patra/ Justice
M.M.Das |
9.7.2013/ 5.2.2015 |
1st report on 25.5.2016 2nd report on
3.2.2017 |
Continuing |
|
20 |
Commission of Inquiry on
police firing at Phasipada village of
Khalikote Block under Kodala P.S. in
Ganjam district as on 31.3.2012 by Additional session Judge
–cum-Special judge , Vigilance, Berhampur |
30.4.2012 |
31.5.2015 |
Appropriate action has been
taken and the report along with action
taken has been laid in assembly on
16.5.2016 |
|
21 |
Commission of Inquiry on Police firing at Gumudumaha in Kondhamal
district on 8.7.2016 by District and Session Judge , Kandhamal |
22.7.2016 |
---- |
Continuing |
|
22 |
Commission of Inquiry on the
fire incident at SUM Hospital , Bhubaneswar on 17.10.2016 by RDC, Central Division, Cuttack |
19.10.2016 |
---- |
Continuing |
Pradip Pradhan,
M-9937843482, Date-30.10.2017
83. Status of ATR on Task Force Report on Land Scam in
Odisha
(Not a single plot
recovered and no action taken against anybody involved in land scam by State Govt. since three years)
In view of CAG report about alleged
irregularities in allotment of land/houses/flats by Bhubaneswar
Development Authority(BDA), Cuttack Development Authority (CDA),Odisha State Housing Board (OSHB) and General Administration (GA) Department,
the State Government had constituted a Task Force on
dated 2.8.2014 to review all the allotment of more
than one land/houses/flats to the members of the same
family and allotment under discretionary quota to ineligible
persons from 1995 to 2014 and submit its report within 4 months. The Task
Force led by Dr. Taradatt, Addl. Chief Secretary with the members such
as Commissioner-cum-Secretary, H&UD Department and Special
Secretary, Dept. of GA produced their report on 3.11.14. The report was placed
before state cabinet on 18.12.14 and it was endorsed with Action
Taken Report which was later on published in official Gazette on
30.1.2015. Three years
have passed since ATR, not a single land has been
recovered to Govt. fold nor was a
single allottee arrested by the
Directorate of State Vigilance. On
16.4.16 while reviewing the status of Action taken
for recovery of the land allotted illegally by BDA, CDA, OSHB
and GA, the Chief Secretary has informed the press that 11 plots have been cancelled by BDA. CDA has issued notice to 1091 for cancellation of plot allotted under DQ. After this news was published, RTI Application in June 2016 was submitted
to the General Administration Department, Bhubaneswar
Development Authority (BDA), Cuttack Development
Authority (CDA), Odisha State Housing Board (OSHB)
seeking information about details of land
recovered from the people who have illegally taken
the land or allotted under Discretionary Quota
and name of the people who returned the land and
Action Taken against the people who have taken
multiple plot by filling false affidavit. While
BDA refrained from disclosure
of any information, CDA provided a list
of 1091 allottees who have been issued show-cause
notice in August 2016. No information was obtained from the General
Administration Department. State Vigilance denied to provide any
information as the matter is under investigation. On 20.8.16, Odisha
State Housing Board provided the information that 66
people allotted land under Discretionary Quota and 24 people
taking multiple plots by filling false affidavit have been
issued show-cause notice. The PIO denied to disclose their
names as the matter is under investigation by State Vigilance.
Similarly, again RTI Application was filed to OSHB, BDA , CDA to get the information about details of land
/ plot recovered and action taken
against illegal lease holders. On 4.12.17, the information provided by the
PIO is
that show cause notice has been issued to 921
lease holders. Not a single plot
has been recovered. But 12 no of
plots has been cancelled on ground of multiple allotments. On 18.9.17., the PIO of OSHB has provided the information that show cause
notice has been issued to 66
persons allotted plot under DQ and 24
persons allotted multiple plots . But no action
has been taken against them.
Similarly, though 3 persons like Pranab
Balabantaray, Snigdharani Sahu and
Sajjal Kumar Moulick have applied for
return of land, no step has been
taken by OSHB to get the land returned back. BDA refused
to provide any information about
cancellation of plot and name of the
persons who have been issued notice. GA dept.
has not taken any steps to list
out the
lease holders who have taken land during post-1995 period.
The details of Status of ATR is as follows.
|
Recommendation
by Task force |
Action
Taken Report declared by Govt. in Dec. 2014 |
Present Status |
|
1. All such plots allotted by Government in GA
Department, BDA, CDA and OSHB should be resumed, if the allottees have failed
to construct houses within stipulated five years. |
It
was accepted by Govt. |
No Action has been taken till yet. |
|
2. BDA, OSHB and GA Department in conjunction with each
other should take up another exercise to obtain comprehensive details
including the allotments made prior to 01 .01 .1995 to know the exact extent
of individuals and families who have taken undue benefits of multiple
allotments against the schematic provisions. Similar exercise is to
be conducted for Cuttack by CDA and OSHB together. |
BDA, OSHB and GA Department will examine
the allotments made prior to 1.1.1995 at
Bhubaneswar to determine the exact list of
allottees who have availed the irregular
benefit of more than allotment of land / flat/ house
against the specific schematic provisions. CDA
and OSHB will make similar exercise for cuttack urban
areas. The Exercise will be completed within six months. |
Not a single step has been taken by the BDA,
CDA and OSHB till yet. |
|
3. Independent investigation/audit is necessary to
quantify the actual number of multiple allotments of plots/houses/flats
by GA Department, BDA, CDA and OSHB against Affidavits/ Applications, both false and not false. |
List of multiple
allotments pointed out by Task force has been made on
the limited information supplied by BDA, CDA and OSHB. Finance
Department therefore conduct a special audit of all left out
cases of multiple allotments as recommended by task Force.
Action should be taken by the concerned authorities against
the allottees. |
Finance
Department has not come out with any audit report till yet. |
|
4. Beneficiaries who submitted false
Affidavits/Declarations to get allotments should also be
proceeded against under the relevant provisions of law. The
plots/houses/flats allotted to them should either be put to auction or
allotted to deserving applicants through lottery. |
General Administration ( Vigilance)
Department will enquire into those cases
of multiple allotments to individuals/ families where
such allotments have been made on the
basis of false affidavits or misleading
information in violation of specific
schematic provision and initiate criminal action. |
As per the information supplied by the Govt. ,
State Vigilance has started the enquiry. But
not a single land has been recovered and nobody has
been arrested till yet. |
|
5. All the discretionary allotment made
after 1.1.1995 should be cancelled as
such allotments have been invariably given undue Benefits
to undeserving persons. Many well-placed and connected
individuals have received discretionary allotments more than once from BDA,
CDA, OSHB. |
BDA, OSHB, CDA and GA Department should
cancel the multiple allotments, additional units allotted
to ineligible individuals/ families as pointed out by the
task Force in its report and resume the same to the
concerned authorities. |
Not a single Discretionary allotment has been
cancelled. BDA, CDA and OSHB could not supply any information
under RTI. |
|
6. Since the lists of DQ allottees have been
prepared on the basis of limited information supplied by
BDA, CDA, OHSB, further independent
investigation/audit is recommended to be undertaken to find out the actual
size of discretionary allotments including those not placed
before the Task Force for discovery. |
Finance Department will conduct a
special audit to find out the actual number of
discretionary allotments made after 1.1.1995
including those not placed before the Task
Force as recommended by Task force. Action should be
taken by the concerned authorities against
these left out cases. |
Finance
Department has not come out will any special audit
report till yet. |
|
7. Cancellation of all such
pre-possession transfers except in the event of death of the allottees
and fixation of accountability against the
officials who granted permission transfers. As regards
post-possession transfers, the Task Force recommends
that such transfers by Discretionary Quota allottees and multiple
allottees should also be cancelled. |
BDA, CDA and OSHB should cancel all
allotments of plot/house/flat under Discretionary Quota
made under different schemes after 1.1.1995 including
their pre and post-possession transfers and the
plots/houses and flats should be resumed to
the concerned authorities. |
No
step has been taken till yet. |
|
8. The BDA, CDA and OSHB may be called upon to explain as
to how they have permitted transfers of plots/houses/flats by
allottees without approval of the General Administration
Department/ Revenue and Disaster Management Department i.e., lessor. Stringent
action may be taken for permitting pre-possession transfers. |
Nothing
is mentioned in ATR. |
No
action Taken. |
|
9. Recovery may be made from allottees who have
disposed the plots/houses/ flats allotted to them
including under Discretionary Quota and have applied
and succeeded in getting allotments again including discretionary quota. |
BDA, OSHB, CDA and GA Department should
cancel the multiple allotments, additional units allotted
to ineligible individuals/ families as pointed out by the
task Force in its report and resume the same to the
concerned authorities. |
Not
a single land/plot has been recovered till today. |
|
10. Allotment of plots/houses/flats without evident
publicity or by notifying the scheme only on the office Notice Board needs to
be viewed seriously and cancelled. Those responsible for implementing such
scheme should be proceeded against departmentally and criminally.
Disciplinary action should be taken for
implementing schemes exclusively for the employees of the
implementing agencies concerned and all such allotment should be
cancelled. |
Not
anything mentioned in Govt. ATR |
|
|
11. Steps should be taken in a time bound manner for
addressing the specific irregularities in the segment of the
report. The land meant for housing but allotted
otherwise (for example, about 20 Ac. Of such land had been
given to SoA University by BDA) and land given for institutional
purpose but used for housing and
otherwise should also be resumed. |
G.A. Department will work out the
modalities of implementation of the Task Force
report in a time bound manner in consultation with Law
Department and the Advocate General. This
exercise is to be completed within 90 days. |
Pradip Pradhan, State Convener,
Odisha Soochana Adhikar Abhijan, Date-21.12.17
84. OPTCL- An Institution of Secrecy with huge
Corruption for benefit of corporate house and bureaucrats
After receipt of information
under RTI on 11.7.17, a team of RTI
Activists had filed
complaint dated 24.7.17 to Chief
Secretary, Govt. of Odisha seeking vigilance inquiry into huge corruption and
irregularities in the matter of selection of Final Bidder M/s High Tech Systems
& Services for supply of “12 nos. new design ERS Towers suitable for 400kv
transmission line network of OPTCL as per Tender (No. Sr. G.M.-CPC-ICB-ERS-24/2015) for ERS (Emergency
Restoration Service) suitable for 400KV Transmission line Network for OPTCL.
Because this Company has been selected without
following due tender procedure. I had also appraised Chief Secretary that this
corruption is masterminded by
Hemant Shamra, IAS, CMD of OPTCL and to
stop release of money to the said
Company.
But the Chief Secretary did not take any
steps to stop release of money. In the
meantime, on 18.7.17, OPTCL hurriedly released money amounting Rs. 5,09,77,869.00 ( 80% of total fund Rs. 6,90,24,822.00
sanctioned ) to M/s Hitech Systems and Services Ltd., Kolkatta, a channel
partner of Tower Solutions, Canada, the
manufacturing Company Tower Solutions, Canada
without any testing of materials.
Then, I field RTI Application
for inspection of materials supplied by the Company. My application was kept
pending for 4 months without any response and I was not allowed for inspection.
When I filed first appeal dt. 26.10.17, the PIO immediately sent me a letter
for inspection of materials. However, On
15.11.17, I was allowed for inspection of ERS materials in presence of store
keepers of stores of OPTCL located at Mancheswar, Bhubaneswar. After
reaching on the spot, I met
General Manager, Stores Division and store-keepers to show the materials and asked them to
explain technicalities of materials.
They expressed their helplessness to explain me details, as they do not
have idea about this technology. On query about who are the technical persons
of OPTCL having knowledge about this technology, they replied that no such
technical person is available in OPTCL. I got astonished why OPTCL purchased
these ERS materials, when it does not have expertise to handle it. During
inspection, I also observed that the materials
supplied do not belong to that company
which was awarded final
bidder. The Tower Solutions is not at all Manufacturer Company. The material has been mobilised from
different companies of other countries
like Brazil and China. When I wanted to take photograph of the materials, I was
not allowed to take it. The General Manager advised me to file another RTI to
get the photograph of materials.
Then, on 16.11.17, I submitted
RTI Application to the PIO of OPTCL for further inspection of materials and
seeking photograph of the said materials. Besides that , I also wanted to know
the following information from
OPTCL.
i. Provide name of the
technical expert who has inspected the
materials of Tower Solutions, Canada
before it is being supplied to OPTCL in 2017.
ii. Provide name of officers
or experts who have tested quality of ERS tower materials delivered to
OPTCL by Tower solutions, Canada
iii. Provide name of
officers or technical experts who are
having expertise to handle and fix ERS materials supplied by Tower solutions, Canada.
iv. Provide name of the technical experts of
OPTCL having knowledge and
expertise about use of ERS suitable for 400KV Transmission
line Network.
On 15.12.17, the PIO
has denied to provide me
opportunity to take photograph of the
materials while giving his consent for
inspection. Now it is clear that
as all ERS materials are fake
and low grade and now
product of Tower Solutions, the
OPTCL officials are not allowing to take
photograph of materials. There is huge
transaction of kickbacks among top
officials of OPTCL to finalise tender in favour of Tower Solutions. The documents provided by Tower Solutions are
fake and forged which I had demanded for inquiry.
Regarding technicalities of
ERS materials, I had sought the information about name of
technical experts who inspected
the materials before it was shipped or dispatch, officers who have inspected
materials at OPTCL site after it is delivered etc. As per Inspection clause of Purchase order
no. 953-000310 dt. 22.6.2016, the
following terms and conditions has been cited.
“ The materials covered by the
Purchase Order are subject to inspection
and testing anytime prior to
shipment and / or dispatch and /to final inspection within a reasonable time after arrival at site. Inspectors shall have right to carry out inspection and testing
which will include the raw
materials at manufacturer’s shop and at the time of actual
dispatch before and after completion of packing.”
On 15.12.17, the PIO has provided the information no technical inspector has
undertaken any inspection of materials
at Manufacturer’s site and prior
to shipment. Even OPTCL does not have expertise nor any technical person to handle ERS technology. Now the question
comes how and why OPTCL hurriedly
purchased ERS Tower for 400KV line
without technical inspection. As there was huge deal of money and kickbacks
by top officials in Govt. of Odisha, the officials of OPTCL has arbitrarily and illegally
given this order to a Private foreign company for the purchase of materials. The Top officials have taken huge money as
bribe to
award this tender.
Pradip Pradhan, M-9937843482, Date- 23.12.17
85. Allegation of Scams and Illegalities, corruption
and Defamation Case against Achyut
Samant, founder of KIIT/KISS – A Report
Every time, Mass media carries
news about glory and achievement of Achyut Samant receiving awards, degrees from
various Universities and Institutions and felicitated by many social
organisations in the state. This news is flooded in both electronics and print
media. As image-building exercise, Sri
Samant also organises mega events in KIIT Campus inviting high profile
dignitaries starting from Chief Minister and Governor to Central ministers,
MLAs, academicians, intellectuals, eminent lawyers, journalists etc. Every Guest visiting Campus is being properly
hospitalised. KISS Tribal School which has housed more than 25,000 tribal
children (claimed by Sri Samant, but authenticity is doubtful) is highlighted
and appreciated by many learned people publicly in the state. Sri Samant is
viewed as messiah of tribals by his fans and supporters. Many people have also
been engaged and funded to glorify
image of Sri Samant and his Institutions like KIIT, KISS, KIMS and many
more.
On the other hand, since few years, we have come across a
number of allegations of scams, regularities and illegalities against KIIT
/KISS and its founder Achyut Samant.
Any news or expose about real
facets of Sri Samant, KIIT and KISS is systematically suppressed and diluted to
keep his image clean. The connivance and close proximity of Sri Samant with
corrupt bureaucracy and State administration has made Complaint Authorities
helpless to take any action against him. As if he has made everybody Ukrainian
Dancer in the state. Each political party starting from Right to Left are seen
silent spectator to his corrupt practice.
Through RTI, though information is denied under RTI by KIIT/KISS, we
have extracted a lot of information from various authorities about magnitude of
corruption and illegalities and scams engineered by KIIT/KISS and violation of
law by Sri Samant. A few of these Scams
is presented for reference of the
public.
1. Illegal
allotment of land to KIIT by IDCO through fraudlent means
As per Report of Comptroller
and Auditor General of India on General
and Social Sector ( volume-3 ) presented to Govt. of Odisha in 2013,
Allotment
of IDCO land to KIIT University
|
Sl.No. |
Allotment/Regularisation of
IDCO Land to KIIT |
Allotment of land (In Acres) |
|
1 |
Purchase of land mortgaged
to Odisha State Finance Corporation |
13.483 |
|
2 |
Board for Industrial and
Finance Corporation ( BIFR) |
16.200 |
|
3 |
On Mutual Transfer from
other allottees |
14.515 |
|
4 |
Auction conducted by IDCO |
7.492 |
|
5 |
Encroachment of land
regularised by IDCO |
16.397 |
|
6 |
Allotment directly made by
IDCO |
7.083 |
|
7 |
In principle allotment of
land encroached by others |
14.000 |
|
|
Total |
89.17- |
Audit Scrutiny revealed that although direct allotment of land to
KIIT by IDCO was meagre ( Ac. 7.083 ),
there were instances of undue benefits extended to KIIT in acquiring
remaining land ( 82.087 Ac.) violating procedure of land allotment which
resulted in a loss of Rs.252.54 crores ( present market value will be more than
Rs. 1000 crores). Enquiry into illegalities in respect of allotment of IDCO
land was not given to Task Force constituted
under chairmanship of Dr. Taradatt in 2014 to protect land mafias of Odisha including Achyut Samant
by Govt. of Odisha. Thousands of acres
of IDCO land has been acquired
illegally by Educational Institutions
like KIIT, Hotels, Private Companies , corporate house etc.
2. Land
allotted to KIMS ( Kalinga Institute of Medical Sciences) still illegal.
As per information
obtained under RTI from GA Dept., Land measuring Ac. 26.970 for Kalinga Institute of Medical Science (
KIMS), Bhubaneswar which was allotted
to KIIT has not yet been formally
leased out by General Administration
Department, Govt. of Odisha, though the
said land was allotted for 99 years in
order to fulfil criteria of Medical
Council of India required for establishment of medical college and
hospital. Dr. Achyut Samant, founder of
KIIT (Kalinga Institute of Industrial Technology) had applied in 2004 to
General Administration Department, Govt. of Odisha for lease of land (allotted
by IDCO) in favour of KIIT for setting up of a 700 bedded hospital at Chandaka
Industrial Estate, Bhubaneswar. Earlier,
IDCO, a Public Sector Company of the
State Govt. had leased out an area measuring Ac. 26. 970 to KIIT in 2004 at Mouza
Patia bearing lease Plot No. 14/A, 14/B,
25, 44,24, 12/A, 65 and 20/B in favour
of KIIT for establishment of
professional institute, Medical College for a maximum period of 73 years. 3. While producing the letter of MCI, New
Delhi, Dr. Samant wrote the letter to
State Govt. that MCI was not allowing for opening
of a Medical College on the
ground that the lease period may be extended for a period of 99 years instead of 73
years. As IDCO cannot grant lease of land for 99 years, the Industry Department suggested
that IDCO is required to
surrender the land to G.A. Dept. G.A. Dept will initiate action for leasing
out the said land to KIIT for a
period of 99 years. G.A. Dept. in its
file noting on 20.4.2005 pointed out that G.A. Dept. is leasing out land for a period of 90 years. In case it will be
considered for leasing out the land to KIIT for 99 years, the approval of the
cabinet is necessary. Before the
proposal is placed in the Cabinet for enhancement of lease period from 90 years
to 99 years, the following formalities need to be observed.
a. KIIT will surrender the above land to IDCO through a registered
agreement.
b. On execution of surrender deed, IDCO will surrender the same to G.A.
Department through a registered agreement for eventual leasing out of the said land
along with the structures
standing thereon to KIIT for a period of 99 years.
c. IDCO has charged concessional rate @ Rs. 18.00 lakhs per acre to KIIT considering hospital project as a “Social Infrastructure”.
d. The rate of premium notified
by G.A. Dept. in respect of Mouza-Patia
is Rs. 25.00 lakhs per acre for Industrial/ Institutional purpose.
e. So before execution of the lease deed with KIIT for 99 years, KIIT
is required to pay differential amount to G.A. Department.
f. It was also pointed out that after observance of above formalities
by IDCO/KIIT, necessary draft cabinet
note/ Memorandum will be placed after
obtaining Govt. order.
After getting concurrence of
Dept. of Revenue, Finance and Industry,
a Draft Memorandum was
prepared by Department
of General Administration to be
placed in Cabinet
for approval to lease
out an area measuring 6.883
acres in favour of KIIT for establishment of Medical College and Hospital. Accordingly,
the Cabinet in their meeting held
on 19.11.2005 approved the proposal
regarding allotment of land
in favour of KIIT , Bhubaneswar for establishment of Kalinga Institute
of Medical Science ( KIMS) with the
CONDITION that
·
KIIT will surrender the above land to IDCO
through a registered deed, as they have signed lease agreement with IDCO.
·
IDCO will surrender the same to GA Department
through a registered deed for eventful leasing out the said land by GA
Department for a period of 99 years.
The decision of the
Cabinet was communicated to KIIT and
land allotment order was issued on
6.12.2005 ( GA Department letter No. 15287/CA dated 6.12.2005).
It is interesting to mention
here that without executing formalities
to fulfil the condition of Cabinet to get the lease of 6. 883 Ac. from GA Dept,
Sri Ahyut Samant again applied to the
State Govt. in January 2006 for leasing
out of
another 20 Ac of land already leased out by IDCO for the same purpose. Without examining the
genuineness of requirement of quantity of
land by KIIT for establishment of KIMS, the GA Dept. again moved the file
for cabinet approval to lease out
another 20 Ac of land to KIIT.
On 22.4.2006, the State Cabinet in their meeting approved the leasing
out of 20 acres of land to KIIT for 99
years with the same condition as imposed earlier by Cabinet on
19.11.15. Accordingly allotment order
dated 28.4.2006 was issued to KIIT (GA Dept. letter No.5575/CA dated
28.4.2005).
Without taking any steps for execution of Condition imposed by
Cabinet for lease Agreement with GA, Sri Achyut Samant, Secretary, KIIT again requested Govt. dated 27.4.2006 to
issue a land use certificate in respect of above land on or before 30.4.2006
which is required to be produced before Medical Council of India for
establishment of Medical College and Hospital during the current academic
session 2006-07. From the File noting, it was found that the
Director of Estates has pointed out that allotment order can be issued after
surrender of said land by IDCO and re-allotment order to be issued by GA in
favour of KIIT. He suggested that an
interim order may be issued to KIIT in order to meet the inspection by Medical
Council of India (MCI). KIIT may be asked to sign lease agreement with GA for
26.970 Acres of land. From the file noting and the correspondence made with
KIIT, it is not ascertained whether interim or final order was issued to KIIT
for leasing out of 26.970 Acres of land. However, without signing lease
agreement with GA Dept., Sri Achyut Samant manipulated the Govt. procedure and
eventually succeeded in getting permission from MCI to open kalinga Institute
of medical Science (KIMS) in 2006.
3. No approval of Building plan by Bhubaneswar
Development Authority ( BDA)
Since last one year, several
RTI Applications have been filed to Bhubaneswar Development Authority,
Bhubaneswar seeking information about approval of Building plan of number of
building of KIIT, KISS, KIMS. But BDA has been constantly ignoring RTI Applications.
It is learnt from sources close to
Planning Division of BDA that most of the buildings of KIIT has no
Building plan approval. These are all illegal buildings constructed by Sri
Achyut Samant. However, Second Appeal petitions are pending for disposal by Odisha Information
Commission.
4.
Land of KISS tribal school on encroached
forest land without approval of Govt.
Without approval of the State
Govt. and Central Govt., Achyut Samant
has illegally acquired 18 acres of forest land in Pathargadia mouza on
which building of KISS Tribal school has been constructed. Tahasildar, Bhubaneswar
has filed encroach case against KIIT (
Case No. 640/11) under Odisha Prevention of Land Encroachment Act. on 10.7.2012, Tahasildar, Bhubaneswar had
issued eviction order to acquire the land. But astonishingly, due to pressure
from ruling class and top bureaucrats with whom Achyut Samant enjoys close
relation, that order was not carried out. But no action has been taken to recover the
land by Tahasildar till yet.
However, when it was exposed
under RTI, Sri Subas Mohapatra, Human Rights Activist filed a case in
National Green Tribunal, Kalkatta for recovery of the land and taking action
against Sri Samant. on 21st March 2017, while
hearing the case No.
92/2016/EZ & M.A. 157/2017/EZ SUBHAS MOHAPATRA Vs STATE OF ODISHA & ORS
, National Green Tribunal,Kalkatta
has given direction to both
Forest and Environment Department and
Revenue and Disaster Management and Chief Secretary, Govt. of Odisha to
demarcate and acquire the land
and undertake fencing around the land
which has been illegally acquired by Achyut Samant of KIIT. Though
10 months passed, the State Govt. has not taken any steps to execute the order
of NGT.
5. Forest
land illegally used for construction of Building of KIMS.
The Audit Report of CAG has pointed out that
10 Ac. Of land out of 26.970 acres
allotted to KIIT for Kalinga Institute of Medical Science (KIMS) is forest land which has been illegally
transferred to KIIT by IDCO. Obtaining
the said information, Sri Subas Mohapatra
filed case in NGT seeking direction for restoration of the land. On 20.9.17,
National Green Tribunal heard the Case No.
65/2017/EZ & M.A.
211/2017/EZ filed by Subash Mohapatra vs Govt. of Odisha challenging
illegal and unauthorised use of forest
land by Achyut
Samant-led-KIIT for construction of building
for KIMS ( Kalinga Institute of
Medical Science). NGT has asked all the opposite parties i.e., Secretary,
Revenue and Disaster Management, Govt. of Odisha, District Collector, Khurdha, Divisonal Forest Officer, Chandaka Wildlife Division, Bhubaneswar to
file affidavit by 1.11.2017. KIIT was
also allowed to file affidavit. The case
is going on.
6. KISS
Tribal School is illegal, says Child Welfare Committee Report.
Following the complaint on
allegation of torture of children
living in KISS tribal school by Subas
Mohapatra, Human Rights Activist on 17.4.17,
a joint Inquiry Committee comprising the members of Child Welfare Committee, Khurda and District
Child Protection Officer enquired into the matter on 19.6.2017. on the basis of the enquiry report, Child
Welfare Committee, Khurda has issued the following direction dated 8.8.2017 to the authority of KISS Tribal school,
Patia, Bhubaneswar to comply within month.
·
First of all it is necessary for the institution
to get recognition from the Dept. of Tribal Welfare. So that the government
people can inspect the institution and give proper advise to improve standard of care. They will be responsible for any deficiency
of standard of care. Hence, the KISS Authority is to apply to the Dept. of
Tribal welfare , Govt. of Odisha in a
month time to obtain necessary recognition. At least a set of guidelines may
be issued to the institution to maintain standard of care of the children and to address grievances of the children.
·
Since the
institution has accommodated some children in need of care and protection, it needs to be recognised by the Deptt. Of W and CD under JJ Act. This would help the government officials of
JJ system to verify standard of care and
to see whether all rights to the children are ensured. Hence the KISS Authority is to apply
in specific form to Khurda
district administration within a month time
to issue certificate of recognition u/s 41 of Juvenile Justice ( care
and protection of children) Act
2015.
·
All the children
who come under the purview
of “ child in need and protection” under section 2 (14) of the JJ Act
are to be identified and be
produced before CEC, Khurda as per
section 31 of the Act with proper
background report in one month time.
·
The inquiry committee realised that
within the existing
infrastructure, it is not proper to accommodate such a huge number of children . Hence either the number of children should be reduced or necessary
infrastructure should be developed
to meet the needs of the
children as per ICPS norms. The institution shall submit
an action plan report in the matter to this committee within one month
time.
·
The guidelines for ensuring a child safe
environment in institutions where
children are housed and /or study
issued by the Dept. of Women and
Child Development , Govt. of Odisha vide
notification No. 13626 dated
23.8.2014 is to be mandatorily followed
by the Institution and be monitored
by the District Administration / education authority. All the
provisions laid down under this guidelines shall be
complied by the institution within one month tome so that
safety of the children can be ensured.
·
The inmate should be provided with necessary toilets and bathroom services for their comfortable
living as it is their right. An
action plan report in this regard shall
be submitted to this committee
within a month time.
·
In view of accommodation of huge number of
children, this committee feels that
there shall be at least a proper
Child Protection Policy in the
institution as a safety mechanism for the children. Hence,
the KISS authority shall publish
a clear Child Protection
Policy document in the institution which shall be read and signed by all the people working in the institution within a month period.
Though six months have passed,
KISS Authority has not complied the direction of CWC, Khurda.
7. Defamation
case filed against Achyut Samant by Sanjukta Panigrahi, eminent Woman Activist
of Odisha
01.09.2017 at about 7P.M,
Kalinga TV of Achyut Samant telecast a news item making several false,
baseless, imaginary and defamatory allegations against Smt. Sanjukta Panigrahi
and other Activists with an intention to blackmail her and tarnish her public image
. Smt. Panigrahi filed a Defamation case in the court of Civil Judge (Senior
Division), Bhubaneswar seeking a decree of permanent injunction restraining
Kalinga TV from telecasting any defamatory news against her and decree of
damage for Rs. 50000000.00 against Sri Achyut Samant. The Court has taken cognizance of the case
and issued notice to Achyut Samant and others.
8. RTI
not complied by KIIT of Achyut
Samant
As per section 2 (h) (d) of the RTI Act, KIIT, KISS and KIIT Deemed
University qualifies to be Public
Authority and is required to appoint PIO and Appellate Authority. But
astonishingly, this Institution is ignoring RTI Act and not responding RTI Applications. The
cases of denial of information by KIIT and KISS has been pending in Odisha
Information Commission and Central Information Commission.
9. Criminal
Cases against Achyut Samant
A criminal case is pending against
Achyut Samant under 120B, 109, 39 and 34 of IPC R/w 15 and 19(b) of the
Environment Protection Act 1986 in SDJM, Bhubaneswar on the complaint of Subash
Mohapatra, Human Rights Activist. Achyuta Samant and others are accused of illegal
construction of their project without obtaining any prior approval from the
Ministry of Environment and Forests as per the procedure laid down in the
Notification and are violating the directions given under the notifications and
being part of criminal conspiracy and for their private gain with ulterior
motive, the accused persons are voluntarily harming the local environment which
is right to life of the people, and the project functionaries are abetting the
crimes. Similarly, another criminal case is pending in SDJM police station
having FIR 114/2017 in Gadisagda police station under section 120B,
323/341/294/506/452/34 of IPC and 25 and 27 Arms Act.
10 .
High Court Case on illegal Foreign
Funding by Achyut Samant
A case is pending in Odisha
High Court against Achyut Samant and Dana Majhi for illegal foreign funding.
Achyut is accused of aiding illegal foreign contribution transaction and liable
to be imprisoned for 7 years.
Pradip Pradhan, M-9937843482, Date-3.1.18
86. Number of Students reading in KISS Tribal School
is still in Mystery – Why
Last Year in a public meeting, Achyut Samant
claimed that KISS Tribal school had housed 30,000 tribal children and provided
free education, food and shelter. Accordingly, RTI Application was filed to the
PIO, office of KISS Tribal school to get the information about number of
children reading in different classes of the school. The Principal denied to
provide the information as the school does not come under purview of RTI Act.
Then, RTI Application was
filed to the PIO, Dept. of School and
Mass Education, Govt. of Odisha seeking information about number of children reading in KISS Tribal
school. The Dept. does not have the information. However, another
RTI Application was filed to the
PIO, Dept. of School and Mass Education, Govt. of Odisha seeking information about details of NOC
granted to KISS tribal School as per
Right to Education Act,2009. On 6.7.17, the PIO, office of Block Education
Officer, Bhubaneswar provided the information along with two Field verification
Report which is required prior to granting NOC to any institution. It was found that the Field verification Report of 2016-17 shows that KISS school has 14,804 i.e., 8956
from (from Class-1 to Class-V), 5849 from (Class-6 to Class-8).
Similarly, another RTI
Application was filed to the PIO, office of Board of Secondary Education,
Cuttack about number of the children of KISS Tribal School appearing High
School examination from 2010 to 2017. On 25.1.18, the PIO has supplied the
following information.
|
Year |
Total no. of Students
appeared |
No. of Students passed |
|
2010 |
177 |
159 |
|
2011 |
482 |
398 |
|
2012 |
562 |
487 |
|
2013 |
632 |
485 |
|
2014 |
611 |
518 |
|
2015 |
600 |
564 |
|
2016 |
1173 |
987 |
|
2017 |
2046 |
1816 |
If these figures of BEO,
Bhubaneswar and BSE, Cuttack is taken into account, the maximum strength of the
students of KISS Tribal school will
be 16,000 only.
Pradip Pradhan, M-9937843482, Date- 4.2.18
87. Updating Civil Society Intervention
to fight for justice for Kunduli Rape victim in Odisha
On 10.10.17, after allegation
of a dalit 14-year old girl being raped by Cobra Para-military force in
Musaguda village area of Koraput districts, the state witnessed series of
rally, dharana, demonstration by opposition political parties and social organisations
visiting Koraput to meet the victim to ascertain the fact about allegation. Few
Human Rights Activists also conducted fact-finding about it and filed complaint
to Odisha Human Rights Commission for justice to the victim. On the other hand,
it was also observed that the Investigating officers carrying out inquiry into allegation maintained ominous silence for few days
trying hard to exert pressure on Victim
to withdraw the statement and at last declared that the girl was not raped. After denial of victim’s allegation by ADG,
HRPC, the Activists and Opposition
political parties reacted strongly and
demanded CBI inquiry into it.
When this unfortunate incident
happened, the members of Civil Society
Groups and RTI Activists were engaged
in organising National Convention on
RTI in Bhubaneswar held from 14th
to 16th Oct.17. After having noticed that the State Govt.
dillydallying this issue and diluting
the investigation, the Civil Society
Groups, though late called a
State-level Consultation meeting
on 4.11.17 to discussion
the details of the issues
and chalk out further course of action. After discussion, it
was decided to organise protest in all district headquarters and
file complaint case to
Commissions.
On 5.11.17, series of
complaint cases were filed
to National Human Rights Commission, New Delhi, National Commission for
Women and National Commission for Protection of Child Rights, New Delhi.
On 9.11.17,
the Civil Society Groups
organised Press meet and
condemned police inaction and conspiracy of State Govt. officials to
dilute the investigation in alleged Rape Case and demanded CBI inquiry.
On 14.11.17, the Human Rights
Activists and RTI Activists under banner of Civil Society organised Black Day in 15 district head quarters
involving concerened citizens, Activists and academicians condemning failure of
police to arrest the culprits and
demanded CBI inquiry into it and submitted memorandum addressed to Governor through
Collectors of the districts.
On 24.11.17, having heard
about Kunduli Rape victim being admitted in S.C.B. College and Hospital,
Cuttack, the members of Civil Society
Groups had visited Hospital to meet her. The Authority did not allow the team to
meet her. During that time, Damei Chhati , mother of Victim and other family
members reached in the Hospital and
demanded to meet their daughter.
When it was found that the victim is physically fit and interested
to go back home, the family members
demanded to release her. As the Hospital
authority refused to release the victim,
the members of Civil Society Groups
and family members sat on Dharana
in front of Medicine Ward and continued for three demands for her release, as there was no treatment of her by the Doctors. However, the victim goes released on
27.11.18.
On 4.12.17, a 6-member Fact-finding Team of Civil Society
Group had visited Koraput and personally interviewed with Kunduli Rape
victim to understand the genuineness of
allegation of rape by her. The team
documented her allegation about police
torture, harassment and misbehaviour by District Child Protection Officer,
Koraput during her treatment and
pressure mounted on her to withdraw her allegation .
On 29.12.17, A state-level Public Hearing on “Status of Alleged Rape cases and Situation of Rape Victims in Odisha” was
organised in Bhubaneswar presided over
by eminent personalities of the State Justice
Hrudaya Ballav Das, retired CBI Judge, Sri Prasanna Mishra, retired IAS,
Sri Rabi Das, eminent journalist and Smt. Aparna Nayak, woman Activist as
Jury member with participation of 200
Activists. Kunduli Rape Victim along
with other seven Rape victims presented
their story , torture by the police,
suffering and straggle for justice.
Being
seriously perturbed over suicidal death of
victim girl on 22.1.18, the Civil Society
Groups reacted strongly accusing the Govt. responsible for her
death and organised
protest dharana at Lower PMG ,
Bhubaneswar on 23.1.18 demanding
CBI inquiry into it. A large number of common people
joined with us and expressed solidarity
in our fight for giving justice to her.
On 25.1.18,
the Civil Society
organisations conducted Dharana
and Rally at disctrict headquarters
like Kendrapara, Bhadrak, Balasore, Rayagada , Mayurbhanj demanding CBI
inquiry into it.
On 30.1.18, one-day hunger strike was observed in
front of statue of Mahatma Gandhi at
Gandhi Park, Bhubaneswar. More than 50 Activists and concerned citizens observed fastinf for
the whole day resolving to fight for
justice.
On 2.2.18, a
12-member Civil Society Groups had
visited Musaguda to attend 11th day ritual of death of Kunduli Rape Victim and
interacted with bereaved family members
giving them moral boost to fight for
justice.
On 3.2.18, Mahadeepa was ignited in front of
Jagannath Temple, Puri praying to destroy the family who conspired to
suppress the investigation and denied justice to the victim.
On 4.2.18, the Report of Public Hearing documented
story of
7 rape victims and recommendation
of Jury was presented in email to Chief Minister, Odisha, Director General
of Police, Odisha seeking an inquiry into these cases.
On 7.2.18, a Two-member Team Smt. Sanjukta
Panigrahi and Srikant Pakal met Inquiry
team of NHRC at Koraput and submitted
memorandum appraising the team about conspiracy and failure of State police to conduct proper investigation.
On
8.2.18, the emergency meeting of Civil Society
Groups was called to chalk out quick action plan to fight for justice for the
victim. It was resolved to organise
Indefinite Hunger strike
demanding Supreme Court-monitored
CBI/SIT inquiry into Kunduli rape
case.
On 12.2.18 to 15.2.18, the
Civil Society Groups have started
indefinite hunger strike at Lower
PMG, Bhubaneswar demanding Supreme
Court-monitored CBI/SIT inquiry into Kunduli rape case and legal action
against the investigating officers involved in suppressing investigation into rape cases and mysterious death of kasturi Samantaray of Kendrapara district,
Barsha Patra of jajpur district. Smt.
Sanjukta Panigrahi, Kalanadi Mallik, Dalit Activist and Pratap Sahu have sat on hunger strike for indefinite
period. A memorandum was submitted to
Governor , Odisha to ask State Govt. for recommendation of SC-monitored SIT
inquiry into it. A 5-member delegation also met
Director General of police and
discussed about outcome of investigation
into other 6 rape cases i.e, mysterious death of Kasturi Samantaray of
Kendrapara and Death of Barsha Patra of
Sukinda of Jajpur district.
Report Prepared by
Pradip Pradhan, M-9937843482 , Date-18.2.18
88.
Action Taken Report of State Govt. on Report of
Commission of Inquiry into Kalinganagar Police Firing in Jajpur district of
Odisha
On 14.12.16, RTI Application
was submitted to the PIO, Dept. of Home, Govt. of Odisha seeking information
about Recommendations of Commissions
and Action Taken by the
Govt.. The PIO did not supply any information. However, after notice issued by Odisha Information Commission on the Second Appeal petition, the PIO
has supplied the following information on 12.2.18.
The State Government appointed
Shri Justice Pradyumna Kumar Mohanty as
Commission fo Inquiry on dated 4.9.2009
to enquire into the incident of police
firing which occurred at Kalinga Nagar in the district of Jajpur
from the stage it was left by late Shri Justice P.K.Patra. After completion of
inquiry, the Commission submitted its report to Government on 3.7.15. After
being examined in the Home Department, it was accepted by the Government on
8.6.2016.
Action Taken on the Report-
a.
The Commission in his report made three
recommendations to the State Government as follows.
i.
Formulation of beneficial, comprehensive schemes
for giving benefits to the land loosers/displaced persons and while formulating
such schemes the Government was to keep in view
the schemes adopted by Tata Steel Limited in respect of the displaced persons of
Kalinga Nagar.
ii. Provision
of suitable employment to one member of each family of the deceased persons
through beneficiary companies set us in the Kalinga Nagar Integrated Industrial
complex.
iii. Payment
of Additional ex gratia to the persons who had been injured during the police firing.
b.
Upon examination , it was found that the Odisha Resettlement and Rehabilitation policy of the Revenue and Disaster Management Department
in its amended form was progressive and similar to the scheme adopted
by Tata Steel Limited in respect
of the displaced persons of Kalinga Nagar. Hence , the recommendation
of the Commission in this respect has
been complied.
c.
It was also found that at least one member each
from the families of the persons deceased on account of the police firing
incident had been offered employment by
the beneficiary companies in the Kalinga Nagar integrated Industrial Complex. .
Hence, the recommendation of the commission in this respect has also been
complied.
d.
On request of the Home Department, Government in
the General Administration
Department have released a sum of
Rs. 16,50,000.00 in favour of the Collector, Jajpur for payment of additional
/differential ex gratia to the injured persons.
Pradip Pradhan, M-9937843482, Date- 18.2.18
89. Drive for Eviction of Encroached Land by Govt.
Squad is Farce in Bhubaneswar, capital
City of Odisha
Encroachment of precious land by powerful people, Educational
Institutions, MLAs, Ministers, private persons, business houses is very common
phenomena in Bhubaneswar.
Thousands of acres of Govt. land has
been encroached by the people close to power circle for years together. Achyut Samant of KIIT has illegally
acquired and through fraudlent means more than 100 acres of land in
Patia and Pathargadia Mouza.
CAG Report on General and Social Sector presented
to Govt.of Odisha in 2014 has
exposed how valuable land has been encroached by
Govt. officials, corporate
houses in Bhubaneswar. Being pretty aware about extent of
encroachment of huge land, the State
Government has hardly taken steps
to recover the land. On the other hand, the GA Dept.
under control of Nabin Patnaik,
Chief Minister, Odisha since 18
years is seen silent spectator to huge
quantity of land encroached
by the powerful people without taking any steps against
them.
In 2015, RTI Application
was filed to Department of General Administration,
Govt. of Odisha seeking information about details of land encroached , detected , evicted and
recovered in Bhubaneswar . The information was consciously denied by the PIO. However, after order of Odisha
Information Commission, the PIO dt.
12.2.18 and 22.3.18 has provided the following
information.
1. On
15.9.2014, a Central Enforcement Monitoring Committee ( CEMC)
has been constituted for eviction of encroachers. The said committee
has been formed under the
chairmanship of Vice-Chairman,
Bhubaneswar Development Authority comprising
Commissioner of police, Bhubaneswar, Director of Estates, GA Dept., Commissioner, Bhubaneswar Municipal
Corporation, Secretary, Odisha State
Housing Board as the members for
monitoring the eviction of
encroachments.
2. Under
the said committee, 6 Enforcement Squads have been constituted out of which 5 Squads are entrusted
to detect encroachments within
BMC area and the rest one is
entrusted to detect encroachments beyond
BMC area but within BDA area.
Besides that, an eviction Squad consisting of representatives from GA Department, BDA, BMC , Commissioner of Police and other user agencies is entrusted
to evict the encroachers from the
Government land as per the schedule
of eviction programme.
3. GA
Dept. has provided contradictory statistics about extent of encroached land and amount of land evicted. On 12.2.18,
the PIO stated that Ac. 110 .000 of Govt. land have been taken over by GA Department to its control after eviction of the encroachers. The total extent of
Government land under General Administration Dept. is 21,511 acres out of which Ac. 478.314 of Govt.
land has been encroached within BMC area.
4. But
on 22.3.18, the PIO has provided the
following statistics about total land
encroached and evicted by GA Dept.
|
Year |
No. of demolition programme
executed |
Extent of Govt.land detected
|
Extent of Govt. land free from encroachments |
|
2014-15 |
128 |
Ac. 841.936 |
Ac. 32.645 |
|
2015-16 |
123 |
Ac. 322.707 |
Ac. 45.063 |
|
2016-17 |
103 |
Ac. 154.213 |
Ac. 56.646 |
|
Grand Total |
354 |
Ac. 1318.856 |
Ac. 134.354 |
Comments
·
From the
above statistics, it was observed that t he State Govt. has recovered just 10%
of the total land encroached in Bhubaneswar.
·
The State
Govt. i.e., the Eviction Squad have miserably failed to evict the land encroachers despite several
complaints filed by the common people.
Pradip Pradhan, M-9937843482,
Date-9.4.18
90. Non-appointment of Lokpal by BJP
Govt. and a Toothless Lokayukta Law enacted by BJD Govt. has destroyed people’s
hope of getting an empowered
and independent
Investigative Agency in the
country as well as in state of Odisha
Since last few days, Odisha has witnessed debate
in media and in legislative assembly about
implementation of Odisha Lokayukta Act,
constitution of Lokayukta in the state
and Affidavit filed by Govt. of Odisha in Supreme Court.
The opposition leaders are also
seen demanding immediate
constitution of Lokayukta in the state.
As we have pointed out earlier
on the day one i.e., February, 2014 when Odisha Legislative Assembly
passed Odisha Lokayukta Bill taking credit
that Odisha is the first state in
the country to pass this law,
Odisha Lokayukta as
envisaged in the said Bill, if ever constituted in future, would remain a
lame-duck body, congenitally incapable to meet the increasing menace of
corruption and mal-administration that has gripped every sphere of public life
across the state.
In the midst of
discourse which is going on in the
state, we once again reiterate our stand
that the Odisha Lokayukta Bill 2014, despite its timely presentation in
the State Assembly and later got assent of the president of India had suffered a series of critical lacuna and
incongruities vis-a-vis the letter and spirit of the parent Act. i.e. Lokpal
and Lokayukta Act 2013. The BJD government hurriedly, within one month,
passed the Odisha Lokayukta Bill, 2014 during Feb '14, without any discussion
with any civil society forum, even though Section 63 of Central Lokpal and
Lokayukta Act given the time period of one year for all the States to passing
their respective Lokayukta Act.
Since 2014, we are concerned and on record have demanded amendments to the
objectionable& unconstitutional Odisha Lokayukta Bill '14, now received the
assent of President of India during 2015 but government is yet to make gazette
notification for enforcement of the Act. Our objection is with a view to
removing the repugnancies vis-a-vis Central Lokpal Act, enacted under the
concurrent list of the Constitution. The parent Lokpal Act 2013 has provided
reconstitution and empowerment of Central Bureau of Investigation (CBI) with
due amendment in Delhi Special Police Establishment Act 1946, into a free,
independent and autonomous body under the control of Lokpal.
On the contrary, the Odisha Lokayukta Law, leaves the Director of
Vigilance, the only anti-corruption investigating arm untouched and thus it
remains as before a subservient and pliant tool in the hands of Executives and
Politicians in punishing and protecting any public servant charged with
corruption to suit their partisan consideration and sweet will.
As a result of this, the people of Odisha are going to have a lame-duck
and toothless Lokayukta which no power and incapable of guaranting any
impartial and independent probe into any allegations of corruption levelled
against a public servant, let alone prosecuting him within a time bound period
as provided in the Central Lokpal Act 2013.
However, this pivotal issue of State Vigilance to bring under the
control of State Lokayukta along with a few allied important matters constitute
the principal theme of our movement. The critical difference between the Lokpal
and Lokayukta Act 2013 and the Odisha Lokayukta Act 2015 are lucidly explained
below which was submitted to Hon’ble President of India on 201.4. 2018 .
Critical
Differences between Lokpal and Lokayukta Act 2013 and Odisha Lokayukta Act 2014
|
1. CBI, the premier investigating
wing of the Country has been freed from Governmental control by necessary
amendment to the concerned law, Delhi Special Police Established Act 1946. (Part-II of the Schedule) 2. The Director CBI shall be
appointed by an apex level body comprising 3 Members, Prime Minister, Leader
of Opposition and Chief Justice of Supreme Court.(Part-II of the Schedule) 3. The Director of Prosecution to be
appointed by the Central Govt. on the recommendation of CVC shall function
under the overall supervision and control of Director CBI and can’t be
removed before completion of 2 years in office.(Part-II of the Schedule) 4. Remaining Officers of CBI, namely
SP and above to be appointed as recommended by an inter-Ministerial Committee
chaired by the Chairman CVC in consultation with the Director CBI. .(Part-II of the Schedule) 5.
An Officer of CBI investigating a
case referred by LOkpal can’t be transferred without the approval of
Lokpal.(Section 25-3) 6. CBI with the consent of Lokpal
can appoint a panel of lawyers other than Govt.Advocates for conducting cases
referred to it by Lokpal. (section
25-4) 7. Govt. to fund CBI adequately for
conducting effective investigation into cases referred by Lokpal. (Section 25-4) 8. The Lokpal to act as the final
appellate authority for appeals arising from any other law providing for delivery of public services and redress
of public grievances, as and where is a corruption angle as per the PoC Act
1988. |
1. The Directorate of Vigilance,
premier anti-corruption agency
of State remains as before
under direct control of
Govt. in the
G.A. Dept. and there
is also no
Act to regulate the
Directorate. (http://odishavigilance.gov.in) 2. The Director General of Vigilance
is appointed by Government and his tenure and service matters are
completely subject to
the control of the State Govt.( (http://odishavigilance.gov.in) 3. All the officers in the
Prosecution wing of Directorate of Vigilance are appointed by the Government
and as such function under its direct control. They are also subject to
transfer as and when desired
by the State Government. (http://odishavigilance.gov.in) 4. All the Officers in the
Directorate of Vigilance are appointed directly by the State Government in
G.A. Dept.
(http://odishavigilance.gov.in) 5.
No approval of Lokayukta needed before the transfer
of a Vigilance Officer investigating a
case referred by Lokayukta. (http://odishavigilance.gov.in) 6. Provision for an additional panel
of Lawyers to be appointed by Director,
Vigilance for conducting cases referred by Lokayukta is absent. (Section-25) 7. No provision for Govt. funding to
Director of Vigilance for investigation into cases referred by Lokayukta. (section 25) 8. The Odisha Right to Public
Services Act 2012 is already in force, but neither Odisha Lokayukta Bill 2014
declares Lokayukta as the final appellate authority, nor the ORPS Act was
amended to declare Lokayukta as the final authority in respect of all appeals
made there under.(Chapter XV Odisha
Lokayukta Bill 2014) |
We urge the Prime Minister of India to immediate
call the meeting of selection
Committee for constitution of Lokpal in
the centre and demand to Chief Minister, Odisha to amend Odisha Lokayukta Act before its implementation in the state.
http://odishasoochana.blogspot.in/2018/05/why-odisha-lokayuta-if-constituted-will.html
Debesh Das, Odisha
Lokayukta Abhiyan, M-
9437020674
91. Contribution of hundreds of Crores
of Rupees by People of Odisha for KISS
Tribal School, Bhubaneswar, exposed under RTI
Tall claim of Sri Achyut Samant, founder of
KIIT/KISS (an NGO registered under Societies Registration Act) running KISS
Tribal school without any support from State Govt. is false, baseless and motivated which was exposed under RTI.
Sri Samant always makes a public statement that he runs tribal
school without any support from
Central Govt. and State Govt. To
examine authenticity of his public statement, series of RTI Applications was
submitted to Ministry of Tribal Affairs, Govt. of India, IDCO, Bhubaneswar, Dept. of SC and ST
development, Food Supply and Consumer welfare Dept. , Govt. of Odisha seeking information about details of
subsidy programme or other
support provided to KISS Tribal school/KIIT.
The information obtained under RTI is as follows.
1.
KIIT/KISS has been allotted huge acres of land
for running KISS Tribal School by IDCO, Bhubaneswar. The details of information
is as follows.
|
IDCO Plot No. |
Area allotted |
Date of allotment |
Purpose of allotment |
|
102,M/4 to M/19,
M/19/1,M/19/2, M/1 to N/9,N/1/A to N/1/C,N/2/1, N/6/1,N/14(P) to N/19(P)
& N/16/1 |
14.000 |
25/7/14 |
Expansion of Existing
Institution |
|
16/D |
1.000 |
14.4.2014 |
Library for tribal children |
|
42 |
0.200 |
11.6.2003 |
Tribal School |
|
42/1 |
0.150 |
11.6.2003 |
Tribal School |
Besides that Achyut Samant has illegally acquired 30 acres of forest
land without any permission from the Govt. There is no lease deed
signed with Govt.
2.
The State Govt. has also been giving crores of
rupees against post-matric scholarship
to the students of KIIT and KISS, Bhubaneswar. The information obtained under
RTI is as follows.
|
Post-Matric scholarship
to ST students of KIIT ,
Bhubaneswar from 2012 to 2017 |
|||
|
Sl.No. |
Year |
No. of Students |
Amount transferred |
|
1 |
2012-13 |
469 |
Rs. 2,04,22,450.00 |
|
2 |
2013-14 |
474 |
Rs.2,51,21,740.00 |
|
3 |
2014-15 |
367 |
Rs.2,01,21,400.00 |
|
4 |
2015-16 |
272 |
Rs. 1,56,11,340.00 |
|
5 |
2016-17 |
293 |
Rs.1,52,34,640.00 |
|
Post-Matric scholarship
to ST students of KISS ,
Bhubaneswar from 2012 to 2017 |
|||
|
1 |
2012-13 |
985 |
Rs. 48,57,774.00 |
|
|
2013-14 |
2833 |
Rs. 1,38,11,550.00 |
|
|
2014-15 |
3620 |
Rs. 3,34,09,768.00 |
|
|
2015-16 |
4318 |
Rs. 4,28,99,650.00 |
|
|
2016-17 |
4951 |
Rs. 4,95,20,000 |
3. The
State Govt. has also been providing
subsidised rice to KISS tribal School. On 16.9.2017. in an assembly
query , Sri Chandra Sekhar Majhi, Hon’ble Minister for SC and ST Development has replied that
the State Govt. has been providing 75 MT rice to 5000 children of KISS Tribal school in every month. The market
price of the subsidised rice at BPL rate provided by State Govt. to KISS Tribal school per year
is Rs. 22,50,00,000.00 ( Twenty two crore
and Fifty lakh rupees). The State Govt. has paid Rs.100 crore to KISS tribal school by providing subsidised rice within last five years.
http://odishasoochana.blogspot.in/2018/03/false-claim-of-achyut-samant-managing.htmlPradip
Pradhan, M-9937843482, Date- 10.3.18
92.
Crop Loan given to farmers during Kharif and Rabi Season in Odisha ( From
2013-14 to 2017-18)
RTI
Application was filed to the PIO, Department of Cooperation, Govt. of Odisha
seeking information about total crop loan disbursed to farmers in Odisha from
2009-10 to 2015-16. My RTI Application was forwarded to the PIO, office of
Registrar, Cooperative Societies, Odisha Bhubaneswar to provide the
information. On 13.4.18, the PIO has provided the information about disbursement of crop loan from 2014-15 to
2017-18.
(
In crores)
|
Year |
Kharif season |
Rabi season |
|
||
|
No. of
loanees |
Amount
disbursed |
No. of
loanees |
Amount
disbursed |
Total
amount disbursed |
|
|
2013-14 |
15,25,681 |
3624.28 |
13,51,570 |
3472.35 |
7096.00 |
|
2014-15 |
16,21,073 |
4386.82 |
14,08,267 |
3994.28 |
8381.00 |
|
2015-16 |
17,34,847 |
5077.41 |
14,62,356 |
4492.36 |
9569.00 |
|
2016-17 |
17,33,645 |
5299.65 |
15,00,895 |
4901.09 |
10,201 |
|
2017-18 |
15,87,137 |
5642.00 |
46,326 ( upto
23.11.17) |
176 .00 |
5818.00 |
|
Total |
|
|
|
|
41,065.00
|
Comments
·
Every year, around 15 to 16 lakh farmers are
provided crop loan during kharif and Rabi season in the state .
·
During last five years, the Govt. has provided
Rs. 40,000 crore loan to around 1.5 crore
farmers in the state.
·
A impact
study and monitoring should be done how such a big amount of crop loan benefitted farming
community in Odisha
·
A study should be undertaken whether this huge amount has reached to the farmers or misappropriated and looted by
the people in name of farmers ,
officials and political touts.
Pradip
Pradhan , M-9937843482 , Date- 11.5.18
93.
Functioning
of Odisha Information Commission- A Report Card (From August’ 2017 to
April’2018)
Within 12 years of implementation,
Right to Information Act, 2005 has been proved as most empowering law for the
citizens of the country. The common
people have used this law extensively starting
from accessing information about
their rights and
entitlements under various welfare
schemes to exposing scams and irregularities
in development projects, tracking
ATR on their
complaints/ grievances submitted
to the public authorities, enforcing
transparency and accountability in the administration. This law has been
biggest weapon in the hand of the common people to fight out corruption at
various levels and paved the way for generating debate for introduction of robust grievance redessal mechanism in the
state.
As per the RTI Act, the State Information Commission is the
highest adjudicating body entrusted with task of deciding appeals and complaints of the information-seekers, penalising erring
PIOs and recommending disciplinary
proceedings against them for persistent
violation of the RTI Act and awarding
compensation to the affected
citizens who got harassed due
to denial of information by the PIOs.
The Information Commissions are
having power of Civil Court to conduct inquiry into any
complaints/ appeals, call
for any reports , summon
attendance of persons and examination of witness and documents etc.
To review the performance of Odisha Information Commission,
RTI Application was submitted to Odisha Information Commission seeking
information about the following information from August’2017 to April’2018 ( 9
months).
a.
No. of
complaints and appeals heard and disposed
by State Chief Information Commissioner and other two Information
Commissioners (month-wise).
b.
No. of
days devoted by each Information Commissioner for hearing of cases (month-wise)
.
c.
No. of
cases in which penalty has been imposed on PIOs by each Information
Commissioner within above-mentioned time period.
d.
Total no.
of cases pending in the Commission up to April’2018.
On 14.5.18, the PIO has supplied the
information which are presented below.
Odisha Information Commission is currently functioning with Sri Sunil Kumar
Mishra as Chief SIC and Sri L.N.Patnaik
and Smt. Sashi Prava Bindhani both being SICs.
Further, while the Chief SIC got appointed in Nov. 2016, both SICs had got appointed more than a year and half
earlier to him, i.e. in June 2015.
1.
Appeals and Complaints heard and disposed by the Odisha Information Commission
As per
section 19(3) of the RTI Act, if a person is
aggrieved with the decision
of First Appellate Authority
or could not receive any response from the First Appellate Authority
within stipulated time period i.e., 30
to 45 days of the receipt of the first
appeal, he or she can file second appeal to the Information Commission within 90
days. Similarly, the section 18 of the
RTI Act empowers the Information Commission to receive any
type of complaint cases in
respect of denial of information , supply of incomplete,
misleading and false information or any other matter relating to requesting or
obtaining access to records under this Act.
The information about no. of
complaints and second appeals heard and disposed by the Information Commission
is as follows.
|
Name of Information Commissioners |
No. of Complaints and Second Appeals heard and
disposed within 9 months ( From
August’2017 to April’2018) |
|||
|
Complaint cases heard |
Complaint cases disposed |
Second Appeals heard |
Second appeals disposed. |
|
|
Sri Sunil Kumar Mishra State Chief Information Commissioner |
360 |
53 |
2003 |
715 |
|
Sri Laxmi Narayan Patnaik State Information Commissioner |
386 |
84 |
1700 |
427 |
|
Smt. Sashi Prava Bindhani, State Information Commissioner |
|
31 |
|
215 |
(N.B.- Total SA and Complaint
cases head by Smt. Bindhani is 849)
Findings
a. While Sri Sunil Mishra, SCIC hears
highest no. of 2363 cases (Second Appeal and Complaints) within 9
months, Sri L.N.Patnaik and Smt. Sashi Prava Bindhani have heard
total no. of 2086 and 849 cases respectively.
b. In respect
of month-wise hearing of the cases by
all the three Information Commissioners, It was observed that Sri Sunil Mishra
hears 263 cases per month followed by Sri L.N.Patnaik (231 cases) and Smt.
Sashi Prava Bindhani (94 cases).
c. In terms
of disposal, Sri Sunil Mishra, SCIC disposes highest number of 768 cases followed
by Sri L.N.Patnaik , SIC ( 511 cases )
and Smt. Bindhani ( 246 cases) , lowest
among all three Commissioners.
d. The
monthly-disposal rate is quite disturbing. Sashi Prava Bindhani stands as worst
performer so far as disposal of the cases is concerned. While Sri Sunil Mishra disposes 85 cases per
month, Smt. Bindhani disposes only 27 cases and Sri L.N.Patnaik ‘s monthly
disposal rate is just 56 . The disposal rate of the cases by Sri Sunil Mishra
is 3 times more than that of Sashi Prava Bindhani.
2.
Days
devoted for hearing of the case by the
Information Commission
The information provided by the PIO
shows that Sri Sunil Mishra, SCIC has devoted total no. of 126 days within 9 months and Sri L.N.Patnaik , SIC
has heard the cases for 137 days
and Smt. Bindhani 126 days . Sri Sunil Mishra and Smt. Bindhani have
devoted each 14 days in a month for hearing of the cases. But Sri L.N.Patnaik has spent 15 days in each month
for hearing of the cases.
3.
Penalty
imposed on PIOs by Information
Commission
As per section 20 of the RTI Act, the Information Commission is
empowered to impose penalty ( per day Rs.250.00 upto Rs. 25,000.00 ) on erring PIOs
for violation of RTI Act. This penalty clause is one of the most
important provisions of the law which act as deterrent for PIOs against
violating the law. In case of
denial of information with malafide intention, supply of false, misleading and
incomplete information or violation of any provision of the RTI Act, the
Commission is obliged to impose penalty on PIOs.
Quantum
of penalty imposed on PIOs by
Information Commission is as follows.
|
Name
of Information Commission |
Total no. of cases disposed |
Total
of cases in which penalty imposed |
Percentage
of cases in which penalty is imposed |
Total
amount |
|
Sri Sunil Kumar Mishra State Chief Information Commissioner |
768 |
15
( 19 PIOs and referred PIOs penalised) |
2
% |
Rs.2,15,000.00
|
|
Sri Laxmi Narayan Patnaik State Information Commissioner |
511 |
9
( 17 PIOs and referred PIOs penalised ) |
Less
than 2% |
Rs.2,25,001.00
|
|
Smt. Sashi Prava Bindhani, State Information Commissioner |
246
|
1 ( one PIO was penalised ) |
Less that 0.0001% |
Rs.5,000.00
|
4.
Total no. of cases pending in the Commission by April, 2018 is 9150 cases ( both Complaint and Second
Appeals) .
5.
Since 2014-15, Odisha Information Commission
has not published Annual Report as per section 25 of the RTI Act.
Analysis
A. As
per the law, the primary function of the Commission is to hear and dispose
complaint/ Second Appeal cases in order to give justice to the citizens. As
soon as the cases are disposed within a reasonable time period, the
complainant-citizens will get relief. The desired information will be
meaningful and used in appropriate time and give genuine benefit to the
citizens. If the hearing of the cases
gets delayed and lingers for years together, the affected parties will suffer.
It is observed from the findings
of the rate of hearing and
disposal of cases by
Odisha Information Commission that
within period of 9 months, though
the Commission has heard 5298 cases , but disposed
only 1525 cases . Out of total cases being heard, the Commission has
disposed only 30% cases. Again these cases are of 2015 which is heard in 2017
and 2018. Many of these cases are yet to be disposed by the Commission. As per RTI information, presently the
Commission has the pendency of 9000 cases. If the present disposal rate of the
Commission is taken into account, it is estimated the cases filed in 2018 will be heard
in 2023 (after five years of filling of the cases). Law will be meaningless for these people who
will get information after five years.
B. It
is observed that the huge backlog of the cases is
caused due to inefficiency of the
Commission, lack of knowledge and
understanding about the law and
lack of expertise and experience
to handle the cases. In many cases, the Commission lingers the hearing
of the cases by fixing so many dates ( time frame
fixed for next hearing of case
ranges from 3 to 4 months) for years
together. The lingering of hearing of
the cases along with fixing so many dates has frustrated the objective of the Act.
It is also seen that many people are seen discouraged to file RTI applications
and appeals / complaints to the Commission to get justice. The absence of the
complainants/ appellants during hearing of the case has provided opportunity to
Sashi Prava Bindhani to pass arbitrary
order in favour of the opposite
parties without any penalty. Out of
the 246 cases disposed
by her, Smt. Bindhani has imposed penalty in one and only case (
penalty amount of Rs. 5000.00 imposed on Sri Narayan Mahalik, Ex-PIO,
office of Tahasildar, Sadar, Cuttack , SA No. 1359/14).
C. Among three Information Commissioners, Smt. Sashi
Prava Bindhani is proved as most
inefficient and non-performing
Commissioner in Odisha in terms
of hearing and disposal of the cases and imposition of penalty.
D. It
was also observed that the Information Commission has imposed penalty in
just 2% of the cases disposed by
them. Meagre penalty imposed on
PIO in miniscule of cases has encouraged
them to deny information to the information-seekers. That’s why despite
implementation of RTI Act in the state, there is no progress in terms of reduction of corruption or
irregularities in administration in the
state.
E. It is also observed
that the Information Commission
has not adopted any norms regarding the number of the cases to be
dealt by the Commission within a month.
From the findings , it was found that
while State Chief Information Commissioner hears 263
cases per month, Sri L.N.Patnaik , SIC hears 231 cases
followed by Smt. Sashi Prava Bindhani , SIC ( 94 cases per month). If this trend
continues, the Commission will take five years for disposal of pending cases
i.e., 9100 cases.
Recommendation
a.
The Information Commission must adopt norms
for hearing and disposal of the cases in every month.
b.
The Commission should not linger the hearing
of the case and dispose the case within two to three hearing.
c.
The Commission must impose penalty on erring PIOs for
violating the RTI Act without showing any lenient attitude towards them.
Report prepared by
Pradip Pradhan Srikant Pakal Bhawani
Prasad Nanda
M-9937843482 M- 9338455092
15.5.18
94. Mass Dharana of RTI Activists in protest
against conspiracy of State Govt. to destroy RTI Act in Odisha dt. 31.5.18
Within 12 years of its
implementation, RTI has been proved as most empowering law for the citizens of
the country. The common people are seen using this law extensively starting
from accessing information about
their rights and entitlements
guaranteed under various welfare
schemes to exposing scams and irregularities
in development projects, tracking
ATR on their
complaints/ grievances submitted
to the public authorities, enforcing
transparency and accountability in the administration. This law has been
biggest weapon in the hand of RTI Activists to fight out corruption at various
levels and paved the way for generating debate for introduction of robust
grievance redessal mechanism to redress grievances of the people in time bound
manner. RTI Activism in India generated
nation-wide movement led by Anna Hazare for constitution of Lokpal at
the centre and Lokayukta in the state through enactment of the Lokpal and
Lokayukta Act, 2013.
But
from the very beginning , the implementation of RTI in Odisha has suffered
severe setback due to anti-people
Odisha RTI Rules, 2005 which is well-designed
by Odisha bureaucracy to subvert the sun-shining law. Tall claim of
chief Minister that his Govt. is
transparent Government is false and
designed to befool the people. The Chief minister never takes
name of RTI while
pronouncing slogan of transparency in his administration. RTI under his regime
has been diluted, subverted and destroyed to
keep continuity his corruption
without any hassles. For example, the
Form-A ( Application for information) under the said Odisha Rules is too long,
complex and over-damaging one which not
only frightens away the ordinary members
of the public from applying for information under the Act but also
ultravires too of the mother Act. The column-2 asking for Father/ Spouse name,
column-3 asking for permanent address and Column-4 asking for particulars in
respect of identity of applicant are
very much personal details , the disclosure of which by an applicant before the PIO has been forbidden under section 6 (2) of the RTI Act. Similarly
demand for proof of citizenship from an applicant filling RTI
Application under Odisha Rules is also
contrary to section 6 (2)
of the RTI Act. The State Govt. has also made arbitrary provision of
charging Rs. 20/- and 25/- towards First
Appeal fee and Second Appeal fees
respectively is also absurd and illegal under RTI Act. Since last several years, RTI Activists and
Civil Society Organisations have been demanding for withdrawal of these
anti-people provisions of Odisha Rules. But
the State Govt. has not taken any
steps to make Odisha RTI Rules
people’s-friendly. It still remains absurd and illegitimate.
Secondly,
as per section 4 (1b) of the RTI Act, each Public Authority is required
to voluntarily disclose 17 types of information within 120 days of
enactment of RTI Act i.e., 12th October 2005. As per section 4 (4)
of the Act, these information will be disseminated in odia language. But within 12 years of RTI Act in Odisha, the
State Govt. has developed a fantastic website www.odisharti.in which is a storehouse of proactively
disclosed information of many
departments and sun-ordinate offices. But it
is interesting to note here that these information are outdated
and not a single information is
found correct. Even the
voluntarily disclosed information
of the office of Speaker, Odisha
legislative Assembly and
office of Governor, Odisha is not
updated. Not a single
information is disseminated in Odia language despite enactment of Odia
Language ( amendment ) Act. The Common
people hardly access this information. Display Board about RTI Act
is hardly noticed in any office of the state.
Thirdly, Odisha has
witnessed series of attacks
on RTI Activists which is increasing
day by day. A good number of RTI
Activists who are at
forefront of exposing corruption, irregularities in
implementation of Govt. schemes
and programme are seen harassed,
tortured and mercilessly beaten up, petrol attacked and also murdered by powerful people due
to police inaction, denial of
registration of FIR and lack of
investigation and nexus of the
police with the vested groups. It has been noticed that within period of last three years, more
than 50 RTI Activists have been beaten
up, attacked and socially ostracised by influential and corrupt people
in the state. Despite several complaints to higher authorities for immediate investigation into FIRs
lodged by RTI Activists and
ensuring their protection , the State
Govt. has not taken any steps in
this regard.
Fourthly, As per the RTI Act, the State Information Commission is the
highest adjudicating body entrusted with task of deciding appeals and
complaints of the information-seekers,
penalising erring PIOs and recommending
disciplinary proceedings against
them for persistent violation of the RTI Act and awarding compensation
to the affected citizens who got harassed due to
denial of information by the PIOs. The Information Commissions are having
power of Civil Court to conduct
inquiry into any complaints/ appeals, call for
any reports , summon attendance of
persons and examination of
witness and documents etc. But the functioning of Information Commissioners are
highly disgusting and
frustrating. Lack of transparency in appointment of Odisha Information
Commissioners, appointment of
inefficient ICs has brough
disaster in the functioning of the Commission.
Long delay in hearing of the case, lingering of the cases by the Commission fixing so many dates,
non-imposition of penalty on erring
PIO has frustrated the
appellant-citizens and discouraged them
to pursue any case to get justice from the Commission. From a
close study of 9 months of performance of Odisha Information Commission (from
August, 2017 to April, 2018) , It was observed that Smt. Sashi Prava Bindhani , SIC disposes only 27 cases per month,
while Sri L.N.Patnaik ‘s monthly
disposal rate is just 56 . The disposal rate of the cases (85) by Sri Sunil
Mishra, SCIC is 3 times more than that of Sashi Prava Bindhani. It is evident that the Information
Commissioners do not have expertise and
experience and having lack of interest to
render justice to the citizens. Neither they recommend for
disciplinary proceedings
against erring PIOs { section
20(2) } nor award compensation to the aggrieved citizens
under section 19 (8b) of the RTI Act.
Our Demands
1.
Immediate amendment of Odisha RTI Rules in order
make it citizen-friendly after due consultation with Civil Society Groups and
RTI Activists.
2.
Formulating transparent procedure for
appointment of Information Commissioners in line of
Supreme Court Judgement in the matter of namit Sharma vs Union of
India dated 3.9.2013 ( Review petition
No. 2309/2012).
3.
Odisha
Information Commission should have internal mechanism of disposing atleast 3000
cases by each Information
Commissioner in a year and each
Appeal/Complaint filed in the
Commission must be enquired within one of the filling of the case.
Penalty must be imposed on erring PIOs violating RTI Act strictly adhering
section 20 of the RTI Act.
4.
Any
complaint about attack on RTI
Activists filed in police station must
be registered immediately and
investigated with action against
the culprits . So that RTI
Activists can work without fear and contribute more in the field
of minimising corruption in the state.
In this
context, a Mass Dharana is being
Organised by Odisha Soochana Adhikar
Abhijan at Raj Bhawan on 30.5.18 at 10 am
to 4 pm. A memorandum will also
be submitted to Governor, Odisha
pressing for above-mentioned demands.
Pradip Pradhan, M-9937843482, Date- 29.5.18
95. RTI Activist
was mercilessly beaten up, arrested and
put behind bar in Angul district, Odisha
Pradeep Kumar Sahu, Recipient
of best volunteer award from Chief
Minister, National Youth Awardee and
renowned RTI Activist was manhandled , then beaten up mercilessly by the
forest officials of DFO Office,
Angul on his visit to the said office to file RTI Application on 9.5.18. Later he was arrested by the police
on FIR lodged by officials in
connivance with police, but his first FIR was ignored by the Inspector-in-Charge, Angul police
station. On 11.6.18, Sri Pradeep
Sahu has filed two petitions to Odisha
Human Rights Commission and Odisha Information Commission seeking justice.
Details of incident
leading to attack and arrest of RTI Activist
·
On 9.5.18, Pradeep along with
his Activist-friend Jitendra
Samal had gone to the office of Divisional
Forest Officer, Angul to submit RTI
Application and met Basudev Nayak,
ACF and discussed with him about purpose of their visit. Time
was around 9.15 AM. During discussion with ACF, they asked for information of
other RTI Applications submitted earlier. It is to be mentioned here that since huge corruption, irregularities and misappropriation of crores of rupees sanctioned for plantation and forest
development project is going on , Pradeep and local people are using RTI to expose it and they have also filed a number of complaints to Director,
Vigilance, PCCF, Odisha for
inquiry. However, having seen another RTI Application on
another corruption issue, Sri Nayak,
ACF got irritated and started rebuking
them using slang language ( Haireshala
tume kuade asichha ………………). Then he
immediately shouted and called his staff to teach them lession. Immediately few
staff of DFO office reached in the spot , gheraoed and started beating them
black and white. They kicked like anything
and strangulated them. Though
they tried to retaliate them, they could
not succeed. It continued for two
hours. At last the police reached and
rescued them.
·
After reaching in police station, they filed FIR in Angul Police station. The Inspector-in-Charge received their complaint but did not register the case. But
they were held up by the police in
Police station.
·
Just after few minutes of our FIR being
filed, Sri Basudev Nayak along with few
staff reached in the police station
and filed counter FIR against Pradeep leveling unnecessary false charges
against them. He alleged that they put fist blow to his neck and
Jitendra held his hands and threatened to murder him. Astonishingly, the IIC,
Angul immediately registered their FIR and within hours produced them before
the court of SDJM, Angul who refused to
grant bail and forwarded them to jail. They got released on bail after 20 days
of custody.
·
Pradeep is social Activist. Since last few
years, he along with his friends have been using RTI to expose corruption and give justice to the
poor people in Angul district. He has
been awarded Prakruti Mitra award by district administration for his
outstanding work in the field of
protection of forest, While working with forest protecting groups, he has come across huge corruption and irregularities in forest development project and plantation. To fight out corruption, he has been using
RTI in different offices including DFO office.
·
Being disturbed over his repeated expose about
corruption and subsequent filling of plethora of complaints demanding inquiry,
the staff of DFO office and more
particularly ACF have got vindictive and conspired to attack him several times.
9.5.18 was an faithful day for him to execute his conspiracy and to take revenge against Pradeep and his
friend Jitendra.
·
Pradeep has filed complaint to OHRC and Odisha
Information Commission seeking inquiry and quick action against the culprits.
Pradeep Sahu can be contacted M-9937439848
Pradip Pradhan, RTI Activist, dt.12.6.21
96. My view on “Odisha Development Conclave-2018”- Why
I hold my view it as Farce ?
As per law of medical Science,
only masturbation does not ensure pregnancy. But it gives sensual or sexual
pleasure. That’s why doctors advise
couple for sexual intercourse which may
lead to pregnancy . Karl Marx has
applied this scientific law while understanding the contemporary society, class exploitation,
class struggle i.e., “ theory of Unity of two opposites.” This is the
law of nature. Similarly, mere intellectual
masturbation ( discourse ) can not
give any result nor will it help developing society or the state. It has never happened
in history. From this perspective, the performance of Odisha
Development Conclave can be analysed.
The first Odisha Development
Conclave was organized in Bhubaneswar in 2016
with much fanfare and huge
funding which has been kept secret till yet.
This 3-day programme ended with a
lot of intellectual and academic
discussion through various plenary
sessions with participation of good number of the people, activists, NGOs,
Govt. officials and many more. What is
the outcome of that mega event ? What
was the action plan and how
it was implemented ? No response
has been given from the
organisers of that Conclave-2016. The net result was a
high-profile report which was presented
to Governor by Sri Jagadanand Mohanty , Secretary CYSD with his team. It was nothing but a
melodrama. In pre, post and during
this Conclave-2016 , one man was
seen being much highlighted is
none by Jagadanand Mohanty, a great Sarakari broker ( Govt. promoted Dalal )
who has spent most of his time doing
negotiation with Govt. in name of constructive engagements and hobnobbing with corrupt bureaucracy under Nabin Patnaik Govt. for project of CYSD
, profit and Govt. land.
NGO sector has not at all been benefitted rather he has used name of NGO sector for his personal benefit. As I have critically understood
this man and tested him during his position
as Information Commissioner, he
has not only misbehaved RTI Activists during hearing but tried
his level best to protect corrupt Govt. official and damaged
RTI establishing unholy
alliance with corrupt bureaucrats. Nobody will find a
single outstanding decision of his five
years tenure. After his retirement , he
immediately organized a NGO meet and so-called
Sambardhana Sabha was organized by
few lumpenised activists and
Sycophant NGOs at Jayadev Bhawan to keep his face clean which
was seriously damaged by campaign of RTI Activists and exposing his true character of
dalali in public domain. Then, he started and adopted
various tricks to win over
Govt. to get Rajya Sabha ticket and used his all strength and contact and connection to influence Chief Minister. But he
failed to achieve it. Odisha development Conclave-2016
was for the
purpose of getting Rajya Sabha ticket
in name of development of Odisha
and NGO Fraternity. It was organized to
develop his image and profile so that the political leadership will be attracted and influenced to give him ticket for Rajya
Sabha. He was highly unhappy when Sri A.V.Swamy got Rajya Sabha ticket.
My friends of NGO sector
must understand selfish character of Jagadanand and his ill-motive behind
organizing any programme. When Sri
Achyut Samant and Sri Soumya Ranjan
Patnaik got Rajya sabha ticket, his last hope
to get Raj sabha ticket dashed
out and got terribly disturbed.
Having lost faith on
BJD, he has very cunningly and calculatedly moved
to Dharmendra Pradhan, face of
BJP , party in power in centre. As he knows
dirty trick of influencing
others for his vested interest,
he somehow has succeeded
in influencing Dharmendra bhai
to get benefit or bargain
with BJD for Rajya sabha and
projects for CYSD in name
of NGO sector. This Conclave-2018 is nothing
for development of our beloved state
but for his
vested interest. That’s why his
name is only discussed in conclave as if he is
development messiah.
I appeal all my friends in
voluntary sector and NGO chiefs to be cautious and careful
about such character which is detrimental to the interest of the state.
My lone voice is just like an earthen lamp which dares to lighten
deep dark world. All of you may like or dislike. But I presented the fact-sheet from my experience while working in this sector for 23 years.
Pradip Pradhan, State Convener, Odisha Soochana Adhikar Abhijan, M-9937843482
, Date-25.6.18 ,
97. Odisha Development Conclave,
Transparency and Jagadanand Mohanty ( Bulletin-2)
Whether it was Development Conclave
or personal propaganda of Sri
Jagadanand Mohanty of CYSD
I got opportunity to
come across the agenda of 3-day programme of Odisha Development Conclave-2018, but could not
find any plenary session
devoted for discussion on RTI- A tool for transparency and accountable governance in the country,
Lokpal and Lokayukta, Grievance
Redressal mechanism etc. Good Governance is much-discussed buzz word
in Civil Society Forum in the state.
Many NGOs are also working on
governance issues in the
state and advocate for transparency in the administration, though very
few of them work
on RTI. As I have seen, Sri
Jagadand Mohanty also projected himself great advocate of
good governance . He had also served as State Information Commissioner
for five years ( 2008-13), a transparency watch-dog under RTI Act. However, during this period, we have exposed
him how he as Information Commissioner has acted
to destroy RTI Act in the state
establishing unholy alliance with corrupt bureaucracy and
demoralized RTI Activists and discouraged them
from carrying out their mission to
fight for transparency
and accountability in the administration. When
we exposed his true character publicly and his ignorance about law
and lack of expertise to
adjudicate the case, he influenced the
then State Chief Information Commissioner to file defamation case against me and Chitta Behera in the court of First Class Judicial
magistrate , Bhubaneswar in October,
2010. The case is pending in the
court till today.
However, without being disturbed by this conspiracy of
Information Commission, we continue
to bring to limelight about
his dangerous performance as
Information Commissioner.
After his tenure is over, As I
have seen, he keeps discussing about RTI and transparent governance
in various public meetings.
But
I got astonished why the same person failed to keep
a session devoted for discussion on RTI in Odisha Development Conclave
and transparency about source of funding mobilized from different sources.
I was asking many of my friends about source of funding for this mega
event. But nobody could speak about it. Nobody knows about it. They said that
CYSD people were managing and controlling everything. All the NGOs who also
participated in this conclave are hardly aware about the source. Many people are alleging that Sri
Jagadanand and his NGO CYSD has mobilized
huge fund from corporate house in form of funding and also advertisement. Same issue
was also cropped up in Odisha Development Conclave-2016, as the NGOs
are still in dark about source of fund and its utilization.
Odisha, our beloved state, endowed
with huge natural resources and man
power is
still suffering from hunger,
malnutrition and earned notoriety for
being highest poverty stricken
population in the country. It is
due to maladministration, corruption and lack of transparency and
accountability. Since 2005, the State Government has tried its best to
dilute and destroy RTI Act in the
State and Odisha Information Commission like Sri Jagadanand Mohanty has contributed to it. The office of Lokpal was closed.
Lokayukta was not appointed . So unless transparency is
enforced , corruption cannot be checked
and effective administration can
not be streamlined. Transparency in administration can ensure effective
delivery of services to the people and generate public demand to access to
services meant for them. The decade-long fight of RTI Activists has contributed
a little in this field and
exposed huge scams and brought to limelight true
character of Nabin Patnaik, most
corrupt chief Minister in history of Odisha.
So any programme without transparency
and accountability is big zero. The organizers of Odisha Development Conclave and NGOs involved in this process must
realize it which is
demand of the time. I appeal
them to immediately
disclose the details of source of
funding and allocation of fund for different
activity of the Conclave in order to set an example in NGO sector. Sudarshan Chhotaray ,
journalist of the Pioneer was sharing
with me that
when he asked about
source of funding for conclave
in press meet, Sri
Jagadanand and others got terribly disturbed and did not
reply anything which has already
been highlighted in “ the Orissa Pioneer”.
We the RTI Activists are not sitting idle. 20 RTI
Applications are being filed tomorrow
to different offices including CYSD , Bhubaneswar seeking
information about budget,
source of funding, various activity including bill and
vouchures.
We should also remember that any
collective programme can
not be
one-man show and one-man
propaganda. It is very dangerous trend and practice of
feudal culture in Odisha
which is against the spirit of democracy. The learned NGO leaders must
be aware and cautious about it.
Pradip
Pradhan, RTI Activist, Odisha, M-9937843482, Date- 27.8.18
98. 43 lakh people depend on alms of Rs.300/- to survive in Odisha
RTI Application was submitted
to the PIO, Department of Social Security & Empowerment of persons with
disabilities, Govt. of Odisha seeking information about details of
beneficiaries covered under various pension schemes, pension paid to them etc. On 11.6.18, the PIO has provided the following information.
A.
Name of various pension schemes undertaken in Odisha
i.
Indira Gandhi National Old Age Pension scheme (
IGNOAP)
ii.
Indira Gandhi National Widow Pension Scheme (
IGNWP)
iii. Indira
Gandhi National Disables pension Scheme ( IGNDP)
iv. Madhubabu
Pension Yojana ( MNPY)
b. The year-wise information about allocation of Central
Government for pension scheme is as follows.
|
Year |
Name of the Schemes ( In lakhs) |
|||||
|
IGNOAP |
IGNWP |
IGNDP |
||||
|
Fund received from GOI |
Expenses |
Fund received from GOI |
Expenses |
Fund received from GOI |
Expenditure |
|
|
2014-15 |
44381.59 |
40213.34 |
20901.83 |
18751.89 |
4146.21 |
3390.11 |
|
2015-16 |
55495.01 |
40136.11 |
15461.46 |
18885.72 |
3692.38 |
3151.78 |
|
2016-17 |
54898.40 |
40179.48 |
14722.84 |
18002.37 |
3265.24 |
2679.84 |
|
2017-18 |
55561.16 |
40578.33 |
15973.51 |
18502.34 |
3558.84 |
2867.22 |
C.The No. of
beneficiaries covered under each pension scheme of Central Govt. is as follows.
|
Year |
Name of the Schemes |
||
|
IGNOAP |
IGNWP |
IGNDP |
|
|
2014-15 |
1418631 |
528570 |
90754 |
|
2015-16 |
1418631 |
528570 |
90243 |
|
2016-17 |
1407937 |
495459 |
74515 |
|
2017-18 |
1418164 |
513954 |
79645 |
D.
The No. of beneficiaries covered under Madhu
Babu Pension scheme and funds allocated under the scheme are mentioned below.
( In lakhs)
|
Year |
No. of
beneficiaries |
Fund allocated |
|
2014-15 |
1978400 |
72583.81 |
|
2015-16 |
1985024 |
72822.27 |
|
2016-17 |
2285024 |
82092.13 |
|
2017-18 |
2313704 |
90188.50 |
E.The amount of
monthly pension for each beneficiary under each pension scheme of State Govt.
and Central Govt. are mentioned below.
|
Year |
Name of the Schemes |
|||
|
IGNOAP |
IGNWP |
IGNDP |
MBPY |
|
|
2014-15 |
200 |
300 |
300 |
300 |
|
2015-16 |
200 |
300 |
300 |
300 |
|
2016-17 |
200 |
300 |
300 |
300 |
|
2017-18 |
200 |
300 |
300 |
300 |
Pradip Pradhan ,
M-9937843482, Date- 23.6.18
99. Expenditure
towards Renovation and Remodeling of Anand Bhawan, Cuttack
RTI Application was filed
seeking information about details
of budgetary allocation and expenditure made
towards renovation and remodeling of Anand Bhawan, Cuttack, parental
property of Nabin Patnaik, Chief
Minister of Odisha . The PIO , office of
Superintendent of Museum, Odisha has provided the following information.
1.No budget estimate has been made by Odisha
State museum, Bhubaneswar for renovation and remodeling of Anand Bhawan,
Cuttack for 2017-18 .
2.But expenses made for construction of infrastructure in Anand
Bhawan on the eve of visit of the Hon’ble President of India is as follows
|
Purchase of furniture |
Rs. 3,27,794.00 |
|
Purchase of
computer |
Rs. 62,000.00 |
|
Purchase of official stationary |
Rs. 44,859.00 |
|
For Exhibition |
Rs. 7,95,792.00 |
|
Miscellaneous Expenses |
Rs. 5,682.00 |
|
Payment towards wages |
Rs. 6,40,000.00 |
|
Expenditure made from 3/18 to 5/18 |
Rs. 2,95,998.00 |
|
Total |
Rs. 21,72,125.00 |
Pradip Pradhan ,
M-9937843482, Date-25.7.18
100. Denial of Information under RTI by Department of General Administration,
Govt. of Odisha about details of
requisition and proposal requiring financial sanction given from Governor’s office for visit of
Governor to his home town of Harayana and sanction of Govt. – It
confirmed the conspiracy of State
bureaucracy facilitated by Chief
Minister’s Office to malign Governor publicly
In the first week of July, 2017, paid
media of Odisha highlighted expenditure
of Rs. 44 lakhs towards hiring special
chartered flight for
visit of Hon’ble Governor from Bhubaneswar to his home town Sirsa of
Harayana. This news was deliberately given
to press by corrupt bureaucrats associated with Chief Minister’s office to
downgrade his image publicly.
However after strong reaction from Governor’s house , Dr.A.P.Padhi, Chief Secretary personally met Governor, Odisha in Raj
Bhawan and expressed deep regret at the manner
in which the letter was issued to Governor’s office after state Government received a bill of Rs. 46
lakh as part of Governor’s flying
expenses.
To understand gamut of issues and
exchange of letters between office of Governor and General Administration
Department, RTI Application dated 11.7.18 was filed to both the PIOs of office
of Governor, Odisha and General Administration department seeking the following
information.
·
Details of requisition and proposal requiring
financial sanction given from
Governor’s office to State Government for visit of Governor to his home town of
Harayana and copy of sanction letter
given by Govt. in this regard.
·
Copy of
air travel bill submitted
by Governor’s office towards
expenses of chartered flight charge
and helicaptor charge for visit of Governor to his home .
·
Copy of the objection letter sent
by GA Dept. to Governor’s office
in respect of air bill submitted by Governor.
·
Copy of
the Rules or order or Notification in respect
of expenses of travel for private
tour, official tour and foreign
tour that Governor is entitled to avail it.
·
Information about details of facilities, emoluments and
allowances that Governor is entitled to
avail it.
1.
On 10.8.18.,
the General Administration Department rejected
my application citing the ground
under section 8(1)(g) of the RTI Act. In fact this is not ground for rejection of application. As the State Govt. wants to keep this information secret to protect themselves from further expose of
their evil design to downgrade image of Hon’ble Governor, the PIO
has taken the plea of section 8 (1) (g) of the RTI Act. save their face
which has been exposed and tarnished evil after strong reaction from Governor’s
office. As per the said section 8(1)(g),
“ Information , the
disclosure of which endanger the life or physical safety of any person or
identify the source of information or assistance given in confidence for law
enforcement or security purpose will be denied to Information-seekers”. The
counter-argument is that the information
about Governor’s visit , use of
flight and expenses towards it is
not at all secret information. As the money is paid from state exchequer,
the citizens have right to know about the expenditure. The disclosure of
information will no way endanger safety of Governor, as his visit has already
been over. The information sought for is no way
related to security nor supplied by law enforcement authority.
The information was sought about the copy of the letter sent by GA Dept. to
Governor House.
2.
But the PIO, office of Governor’s house supplied all the
information sought for including copy of all letter correspondence with GA
Dept. The details of information supplied by the PIO dated 4.8.18 is as follows.
a. On 1st June, 2018, the
office of Governor sent a letter to GA Department for arranging a Charter Flight ( 8/10 seater) suitable for
his visit to Sisra in Harayana from Bhubaneswar on 10th June at 10 am and return from Sisra to
Bhubaneswar 13th June at 11 am , 2018.
b. On 2.6.18, GA Department wrote a
letter to M/s Pinnacle Air Pvt. Ltd., New Delhi for arranging a hiring
chartered flight and expenses required for said purpose which was promptly
responded by that company on 4.6.18.
c. The hiring charge of twin engine jet aircraft legacy 650 ( VT-AOK/AOE) for use of
Governor fixed by M/s Pinnacle Air Pvt. Ltd is Rs.
44,72,000.00 which was accepted by GA
Dept. on 6.6.18 and it was
communicated to the Office of
Governor accordingly.
d. On 4.7.18,
Smt. Indira Behera, OAS, Deputy Secretary to Government, GA Dept. wrote a letter No. GAD-AV-RES-0004-2017-
18773/Gen. to Special Secretary to
Hon’ble Governor, Odisha seeking
necessary use/s certificate that the
Aircraft has been used. In this letter, she mentioned that “ it may kindly intimated the reason
and circumstances for hiring of a
helicopter for use of Hon’ble Governor and deviation in the approved schedule of the
flight and whether approval of the
competent authority has been taken for the purpose or not”. This letter generated sharp reaction from Governor’s office for which Chief
Secretary personally met Hon’ble Governor , begged apology and assured
him to take action against the concerned official.
It deserves to mention here that unnecessary and useless expenditure and misuse of flight
causing crores of rupees loss to state exchequer has been done by Chief
Minister and his Govt. which has been thoroughly exposed several times earlier under RTI.
Pradip Pradhan, RTI Activist, M-9937843483, Date-
15.8.18
101. Provision of Free Dialysis Services for poor
kidney patients is a Central Govt. Scheme.
In 2016, the Central Government
declared Pradhan Mantri National Dialysis Programme as part of National Health
Mission for provision of free dialysis
services to the poor in order to save
them from huge financial burden and impoverishment, as dialysis service is very costly
in the hospitals and not affordable
by the poor patients. To implement this programme , the Central
Govt. released Rs. 152.80 crores to all states and Union territories in
financial year of 2016-17. Odisha
received Rs. 2 crores under National Health Mission from the Central Govt. to ensure free dialysis services
to the patients. But this fund
was kept unutilized, as the State Government did not implement the
programme. Again in 2017-18, the Central
Government released Rs. 358.45 lakhs under National Health Mission to Odisha
Govt. for ensuring free dialysis services
to the patients.
But towards end of
2017, on 19.12.2017., the Chief Minister announced “SAHAYA” – A scheme for free
Dialysis Services on the line of guideline issued by Govt. of India. This
Scheme is copy and paste of Central
Govt. guideline. The State Govt. made two years delay to implement
this programme despite allocation of Central Fund. As per
information obtained under RTI from the office of National Health Mission on
18.8.18., the State Government has
started to implement the programme
w.e.f. 1.1.2018. With funding support
of Central assistance ( Rs. 2
crore + Rs. 3.58 crores) and State
budget ( Rs. 1.15 crores), this
programme is now being implemented with
the following objectives –
i.
To
ensure assured diagnostic services in
all public health facilities as per its
level of care so as to reduce the out of pocket spending ( OOPS) towards diagnostics and dialysis
services through strengthening
of public health facilities.
ii.
To
establish in collaboration with private service providers to ensure High end pathology tests, tele-radiology (
x-ray) , MRI , CT-Scan & Dialysis services
at public health facilities.
Operationalisation of Dialysis Centres
Dialysis
centres are operational in PPP mode at 7
DHHs (Capital Hospital, Angul, Balasore, Bolangir, Nuapara, Keonjhar and Puri )
during the period April-June 2018.
A total no. of 411
patients had undergone dialysis sessions at 7 DHHs during the period April-June
2018. And the district wise details of
the no. of patients are mentioned below.
|
Sl. No. |
District/
Institution |
No. of patients |
|
1 |
Capital Hospital |
102 |
|
2 |
DHH, Angul |
43 |
|
3 |
DHH, Balasore |
93 |
|
4 |
DHH, Boalngir |
53 |
|
5 |
DHH, Nuapara |
20 |
|
6 |
DHH, Keonjhar |
55 |
|
7 |
DHH, Puri |
45 |
|
|
Total |
411 |
Dialysis centres have not yet been opeartionalised in 23 district. All the dialysis centres will be operational in PPP mode except 3 Govt. college and
Hospitals.
Pradip Pradhan, M-9937843482, Date- 28.8.18
102. Who can ask for information under Right
to Information?
Any citizen can ask for information under
these laws. The Act extends to the whole of India except the State of Jammu and
Kashmir. OCI's (Overseas Citizens of India) and PIO's (Persons of Indian
Origin) card holders can also ask for information under the RTI Act.
For citizens, OCI's and PIO's who are staying out of India, the RTI Application
can be filed with the PIO of the local Indian Embassy/Consulate/High Commission
and they will inform you regarding the amount of application fee in local
currency as well as the mode of payment.
Some Important Pacts Regarding Who can
obtain information under RTI:
It is quite interesting to note that even though under Section 3 of the
Act right of all citizens, to receive information, is statutorily recognised
but Section 6 gives the said right to any person. Therefore, Section 6, in a
sense, is wider in its ambit than Section 3. (Observed by Supreme Court of
India: CIC vs State of Manipur & ors)
RTI Act does not define PERSON. However, The General Clauses Act, 1897
defines PERSON as
Person" shall include any company or association or body of
individuals, whether incorporated or not, "Political Agent" shall
mean- In relation to any territory outside India, the Principal Officer, by
whatever name called, representing the Central Government in such territory,
and in relation to any territory within India to which the Act or Regulation
containing the expression does not extend, any officer appointed by the Central
Government to exercise all or any of the powers of a Political Agent under that
Act or Regulation.
Thereby, another organisation
can ask for information from another organisation Irrespective of the
nature of the job a person may be performing as far as a person is a citizen of
India he/she shall have the right to information subject to the provisions of
RTI Act. ALL citizens are entitiled for information under RTI, which included employees. Same is clear from
S.
6(1). It starts with non
obstinate clause 'A person'. So it is the person matters not the employability
or employee.
The application/ appeal from an Association
or a Partnership Firm or a Hindu Undivided Family or from some other group of
individuals constituting as a body or otherwise is to be accepted and
allowed.
Kolkata high court has allowed use of post
box in filing RTI which
shall enable contact of a user with the authority without revealing personal
details of the information seeker. You do not need to worry about your safety
when Post Box is there. You may read it here: http://www.rtiindia.org/law/rti-acti...41-paisa/2224/
Pradip Pradhan , Dt. 28.8.18
103. Huge loan taken by KIIT by mortgaging Land to banks.
RTI Application was
submitted to the PIO seeking the information about details of NOC ( No Objection Certificate ) granted by IDCO
to KIIT to get loan from Bank by
mortgaging land leased out by IDCO along
with name of Bank , year of NOC
granted loan amount and acres of land against which loan granted. On 7.9.18, the
PIO has
provided the following
information.
1.
As
per CAG Report, Sri Achyut Samant, founder KIIT
has illegally acquired 82 acres of land. As per RTI Information. Sri
Samant has acquired illegally Rs. 12 acres of land of General Administration Dept.
2.
By acquiring Govt. land through fraudlent
means and his nexus
with corrupt bureaucracy, Sri
Samant has taken hundreds of
crores of loan for infrastructure
development of KIIT.
3.
IDCO has not only facilitated granting illegal
lease of land to KIIT but also
granted NOC on illegally acquired land to get huge amount of loan from bank.
4.
Total
32 acres of leased out land
has been mortgaged by KIIT to
different Banks to get loan.
5.
Sri
Samant may have taken around loan of around 500 crore
by mortgaging leased out of
illegal land given by IDCO.
6.
The following are name of the 8 banks
which have granted huge loan to
Achyut Samant .
|
Sl.No |
Name of Bank |
Year of NOC granted |
Total amount |
Acres of land against which NOC granted |
|
1 |
Punjab National Bank C.S.Pur, Bhubaneswar
|
2012 |
|
Ac. 0.851: IDCO Plot No. 26, 42 and 42/1 |
|
2 |
HDFC Bank Ltd. Sahid
Nagar, Bhubaneswar |
2012 |
|
Ac. 1.550: IDCO Plot
No. 31 |
|
3 |
Oriental Bank
of Commerce, Alok Bharati, Sahid
Nagar, Bhubaneswar |
2016 |
T.I. Rs. 45.00
crore & OD : Rs. 40 .00 crore |
Ac. 10.20 : IDCO
Plot No. 87 & Ac. 0. 150 . IDCO Plot No. 68 |
|
4 |
Bank of India,
Bhubaneswar |
2011 |
|
Ac. 0.500 IDCO Plot No. 41 |
|
5 |
Punjab National Bank C.S.Pur, Bhubaneswar
|
2007 |
|
Ac. 0.507, IDCO
Plot.19 |
|
6 |
Allahabad Bank Ltd.
KIIT, Bhubaneswar |
2003 |
|
Ac. 10.130 IDCO Plot
No. 15 |
|
7 |
HDFC Bank Ltd. Sahid
Nagar, Bhubaneswar |
2011 |
|
Ac. 3.504 IDCO Plot No. 51 |
|
8 |
Oriental Bank of
Commerce, Alok Bharati Tower, Saheed Nagar |
2010 |
|
Ac. 3.214, IDCO Plot No. 44/C, 44/D & 44/E |
|
9 |
Canara Bank , stock
Exchange, Bhubaneswar |
2009 |
|
Ac.0.501, IDCO Plot
No. 22 |
|
10 |
Tata Capital Finance
Service Ltd., Park Street , Kolkatta-16 |
2012 |
|
Ac. 0.989, IDCO Plot
No. 28 |
|
11 |
Religare Finvest
Ltd., Saket, New Delhi |
2012 |
|
Ac. 4.828, IDCO Plot
No. 28 |
|
12 |
Allahabad Bank,
KIIT, Bhubaneswar |
2008 |
|
Ac. 6.00, IDCO plot
No. 14/A & 14/B |
|
13 |
Oriental Bank of
Commerce , Alok Bharati Tower, sahid
Nagar, Bhubaneswar |
2011 |
|
Ac. 1.959, IDCO Plot No. 23/B, 23/D, 41/E, 68/A, 68/B,
91,91/A & 91/B |
|
14 |
Punjab National
Bank, C.S.Pur, Bhubaneswar |
2007 |
|
Ac. 1.501, IDCO Plot
No. 18 & 19/A |
|
15 |
Oriental Bank of
Commerce, Alok Bharati Tower, Sahid Nagar, Bhubaneswar. |
2006 |
|
Ac.2.00, IDCO Plot
No. 20/A |
Pradip Pradhan, M-9937843482 , Date-19.9.18
104. Horrible situation of
Medical College and Hospitals in Odisha
Huge vacancy in the
post of teaching and non-teaching staff in Medical College and Hospital has
made functioning of these Hospitals standstill leading to collapse of health
system in Odisha and break down of academic atmosphere in these institutions.
|
Sl.No |
Name of Medical College and Hospital |
Name of post |
Sanctioned post |
Vacancy till Sept. 2018 |
|
1 |
S.C.B. Medical College and
Hospital |
Doctor/Surgeon / Professor |
379 |
97 |
|
|
DO |
Non-teaching Staff |
285 |
138 |
|
2 |
VIMSAR, Burla , Sambalpur |
Doctor/Surgeon / Professor |
250 |
149 |
|
|
|
Non-Teaching Staff |
231 |
86 |
|
3 |
M.K.C.G.College and Hospital ,
Berhampur |
Doctor/Surgeon / Professor |
276 |
66 |
|
|
|
Non-Teaching Staff |
233 |
98 |
|
4 |
Raghunath Murmu Medical College and Hospital, Baripada |
Doctor/Surgeon / Professor |
|
12 |
|
|
|
Non-Teaching Staff |
|
179 |
|
5 |
Saheed Laxman Nayak Medical
College and Hospital, Koraput |
Doctor/Surgeon / Professor |
|
12 |
|
|
|
Non-Teaching Staff |
|
149 |
|
6 |
Fakir Mohan Medical College and
Hospital, Balasore |
Doctor/Surgeon / Professor |
|
22 |
|
|
|
Non-Teaching Staff |
|
331 |
|
7 |
Bhima Bhoi Medical College and
Hospital, Bolangir |
Doctor/Surgeon / Professor |
|
28 |
|
|
|
Non-Teaching Staff |
|
319 |
|
8 |
S.C.B. Dental College and Hospital
, Cuttack |
Doctor/Surgeon / Professor |
|
8 |
|
|
|
Non-Teaching Staff |
|
9 |
|
9 |
Gopabandhu Ayurvedic Medical College and Hospital , Puri |
Doctor/Surgeon / Professor |
46 |
26 |
|
10 |
|
Non-Teaching Staff |
|
64 |
|
11 |
Govt. Ayurvedic College, Bolangir |
Doctor/Surgeon / Professor |
43 |
28 |
|
|
|
Non-Teaching Staff |
|
64 |
|
12 |
Kabiraj Anantha Tripathy Sharma
Ayurvedic College, Ganjam |
Doctor/Surgeon / Professor |
35 |
24 |
|
|
|
Non-Teaching Staff |
|
59 |
|
13 |
Abhinna Ch. Homeopathy Hospital ,
Bhubaneswar |
Doctor/Surgeon / Professor |
37 |
29 |
|
14 |
Utkaalmani Homeopathy Medical
College, Rourkela |
DO |
36 |
29 |
|
15 |
Govt. Homeopathy College,
Sambalpur |
DO |
36 |
30 |
|
16 |
Govt. Homeopathy College, Berhampur |
DO |
35 |
27 |
|
17 |
|
|
|
|
There is
no regular doctor in 997 Govt.
Hospital in the state. In Ganjan
District 95 Hospitals do not have regular
doctors and 62 hospitals of
Mayurbhanj district are having no regular doctor.
( N.B.- Information obtained from article
published by Prahallad Sinha in Samaj on 18.10.18)
Pradip Pradhan, Date- 23.10.18
105. State
Government must clarify who are BPL families in Odisha
On 11.7.18, RTI
application was submitted to three Departments of Govt. of Odisha i.e., Dept.
of Panchayat Raj, Dept. of Planning and Convergence and Dept. of Food Supply
and Consumer Welfare seeking information about Legal Status of BPL Card and BPL Card holders in Odisha. The
following information was sought
for from the PIOs.
· Number of BPL
card holders ( district-wise) in Odisha
which is still considered by Govt. of Odisha as BPL beneficiaries in the state.
· What are the
benefits that BPL people are entitled to get
under various Govt. schemes of Govt. of Odisha and Govt. of India.
The PIO, Dept. of Food Supply and Consumer Welfare and Dept. of
Planning and Convergence transferred my
RTI Application to the PIO, Dept. of
Panchayat Raj to provide the information on the ground of non-availability
of information at their level.
Simultaneously , RTI Application was also forwarded to various
departments to supply the
information about second query. Smt. Swayamprava Mohanty, PIO has sent a letter dated 31.8.18
stating that the said information is not available with
her section. Then on 6.9.18., I
filed first appeal to the First Appellate Authority, Department of
Panchayat Raj alleging malafide intention of the PIO to
deny the information urge
FAA to hear the case
and direct the PIO to supply the information free of cost . on 2.11.18,
while disposing the
appeal petition, the First Appellate
Authority said that the
said information is not available, as
the BPL cards are not issued by Dept. of Panchayat Raj but at
Block level. But my query about “number of
BPL families in Odisha which is considered by
Govt. of Odisha and what is the legal status of BPL
card holders. Are they entitled to get
any benefits under BPL category
“ are not addressed
by the First Appellate
Authority. No Department also
supplied any information about it.
In respect of supply of information about “What are the benefits that
BPL people are entitled to
get under various
Govt. schemes of Govt. of
Odisha and Govt. of India”, few
departments have supplied the information about provision of benefits for BPL category. For example, I and PR Dept.
supplied that the BPL people are entitled
to get information free of cost. The PIO, Dept. of Health and Family
Welfare supplied that
BPL families were entitled
to get free medical services in
Govt. hospitals . On 8.5.2018, The PIO,
office of Additional Fisheries officer ( Marine), Balasore provided that from marine sector, the BPL people are entitled to get benefits from savings-cum-relief. On 20.8.2018, the
PIO, Dept. of General Administration and Public Grievances supplied that
the BPL card holders are eligible
to get assistance out of Chief
Minister’s Relief Fund , Odisha for their treatment. On 14.8.18, the PIO,
directorate of Animal Husbandry & Veterinary Services, Cuttack has provided
that under innovative Poultry productivity project ( Broiler Farming ),
the BPL farmers can establish Small
Broiler Farms ( 150 birds Capacity ) as
support to their livelihood and economic empowerment. On 3.8.18, the PIO,
Directorate of Agriculture and Food
Production supplied that the BPL farmers are entitled
to get subsidy on Micronutrients,
Vermi compost , organic manure etc.
pertaining to Soil Health Card Scheme.
In fact, the State
Govt. has undertaken BPL survey in 1997 which has identified 47 lakh
families under BPL category ( Below
Poverty Line) . Accordingly, BPL card
was also distributed to all the
beneficiaries. In 2002, after order of Supreme Court, the State Govt.
has undertaken a survey
to revise the BPL list . Though
survey was conducted,
BPL list could not be prepared due to some administrative problem and it was
ultimately held up. Since then, the
State Govt. has not undertaken
any BPL survey to revise the list
, addition or deletion of names in the
BPL list. The BPL card was very
important for the
beneficiaries , as they were
getting 25 kg of rice per month
under PDS, kerosene and many more benefits.
In 2015, when the State
Govt. decided to implement National Food Security Act ( NFSA), a survey
was conducted to identify priority
household and beneficiary under Antodaya Anna Yojana to provide
food-grains at subsidized
rice. New Ration Card was issued to each Priority Household Family (
PHH) and AAY beneficiaries to get
benefits under NFSA. During that
time, the State Govt.
officials motivated the people
that the BPL Card got obsolete
and useless , as new ration
card was issued. They also collected BPL
cards from the people . Many people
also voluntarily surrendered the card. But
the State Govt. has not
taken any decision for withdrawal of BPL card from the beneficiaries nor instructed any officials
to collect BPL card. It is
needless to mention here that
since several years, BPL
cards have neither been renewed nor new card issued
in case of missing or loss.
On query from a beneficiary about procedure to get a duplicate BPL card replacing his damaged
card, I filed RTI Application
dated 17.1.18 to the PIO, Dept. of Panchayat Raj, Govt. of Odisha
seeking the following
information.
copy of Govt. circular/order/notification, if any in respect of applying for a duplicate BPL card by a BPL beneficiary in case of loss and
missing of the original BPL card issued to him/her by Govt. of Odisha
Details of procedure to be
followed by a BPL beneficiary to get
a new BPL card in case
of loss of his original card issued
by Govt. earlier.
iii. Provide information about who are the people considered as BPL in
Odisha in present day and which card they will use to get benefit as BPL person
The PIO forwarded my
RTI Application to the PIO, office of Collector, Khurda to supply the
information. The PIO did not supply any
information. On 11.7.18, I filed first appeal to the First Appellate
Authority-cum-ADM, Collectorate, Khurda to hear the case and direct the PIO to
supply the information. The First Appellate Authority neither heard the case
nor gave any order. On 30.8.18, I had filed second appeal to Odisha Information
Commission for justice which is
pending. It proves that the State Govt. does not want to issue the duplicate
BPL card to the beneficiaries. So that the BPL beneficiaries will not claim any
benefits from the Govt. at subsidized rate or free of cost.
Since last few years, the State Govt. have been
declaring host of populist
schemes and programme making
provision of free service for BPL
people. It gives an impression that
the Govt. is committed
to provide free service to
the BPL people. But in practice, the State Govt. does not clarify
who are the BPL people and how
many BPL people are in Odisha. While
presenting Economic survey report, the
State Govt. claims
that poverty has been reduced to level of 25% in the state . If it is so, then the Govt. must clarify how many families have
been identified under BPL category
and who are these families.
But astonishingly, the Govt. is maintaining ominous silence about
it . The writer ponders over the
possibility of reason for it.
Pradip Pradhan , RTI Activist, M-9937843482, Date-8.11.18
106. Most
of the Building of KIIT and KISS is illegal and without approval of Building
Plan by Bhubaneswar Development Authority, exposed through RTI
Earlier,
we have put in public domain series of irregularities and illegalities of Achyut Samant, founder of KIIT and KISS and the people involved
in management of the
institutions. Encroachment of acres of precious Govt. land through
fraudulent means in connivance with
corrupt bureaucrats and BJD
leaders, maintaining utmost secrecy in
function of KISS Tribal school, functioning
of KISS Residential school without
registering it with Govt., blocking
flow of information to SC and ST
Dept., Women and Child Development Dept.
about number of tribal children reading in KISS School etc. are few
issues exposed under RTI Act. I cite herewith
few links posted earlier
in public domain for readers’
reference.
https://odishasoochana.blogspot.com/2018/08/unbelievable-land-scam-of-achyut-samant.html
https://odishasoochana.blogspot.com/2018/07/cabinet-decision-was-defied-by-achyut.html
https://odishasoochana.blogspot.com/2018/06/kiitkiss-developed-with-public-money.html
https://odishasoochana.blogspot.com/2018/09/huge-bank-loan-taken-by-achyut-samant.html
Now, it
has come to our notice that
most of the building of KIIT and KISS
are illegal. On 24.9.18, RTI
Application was filed to BDA, Bhubaneswar seeking copy of approval of building plan
of KIIT and KISS on the
following land
|
Mouza |
Khata No. |
Plot No. |
Area
( in Acres) |
|
Patia , Bhubaneswar |
493 |
347 |
2.500 |
|
Do |
492 |
412 |
1.550 |
|
Do |
492 |
350,407 |
0.558 |
|
Do |
491 |
319 |
5.725 |
|
Do |
491 |
320 |
0.300 |
|
Do |
493 |
318 |
0.905 |
|
Total |
|
|
11.538 |
Huge
palatial building has been
constructed over the abovementioned plots in Patia area in
which many institutions are running since last few years. On 5.11.18., the PIO of BDA, Bhubaneswar has
provided information that “ as per record available no application has been
received for approval of building plan over plot no. 347, 412,350, 407, 319,
320 &318 under Mouza Patia in favour of KIIT. Any construction without approval of building plan by BDA is illegal under
eye of law. That’s why the people
are waiting for long
time to get approval of building
plan from BDA for
construction of their houses. Sri Samant even does not care to
file application to BDA for
building plan approval. We will
provide more information about illegalities of KIIT and KISS very soon.
Pradip Pradhan, RTI Activist, M-9937843482, Date- 1.1.19
107. Fund sanctioned by Central Govt. and State Govt. for electrification in Odisha
Nabin
Patnaik Govt. has put up big banners and hoarding in different
parts of the state taking much
credit for progress in rural electrification in the state. But in true sense, Contribution of State Govt. is
minimal in comparison to that of
Central Govt.. The Central Govt.
has allocated fund 14
times more than
allocation of fund by State Govt. during last five years. While State
Govt. has allocated just 427.45
crore, allocation of
fund by Central Govt. is 6240.36 crore.
RTI Application was filed to Department of
Energy, Govt. of Odisha and Rural electrification Corporations, a Govt. of
India Enterprises seeking information about
details of budgetary allocation made under various schemes for electrification in Odisha. The information supplied by both the offices is as follows ( Dept. of Energy on
9.10.18 and REC on 27.12.18)
· Two
schemes i.e., Biju Gram Jyoti
Yojana ( BGJY) and Biju Saharanchal
Vidyutikaran Yojana ( BSVY) are implemented
in Odisha for electrification.
· Rajiv Gandhi Grameen Vidyutikaran Yojana (
RGGVY) which has been replaced by Deen Dayal Upadhaya Grameen Joti Yojana (
DDUGJY) , SAUBHAGYA are implemented
by Govt. of India for electrification in the
country.
· Details of fund allotted by Govt. of Odisha within
last 5 years is as follows.
( in Crores)
|
Year |
Name of State Govt. Scheme |
Fund
allotted |
Name of State Govt. scheme . |
Fund
allotted |
|
2014-15 |
Biju
Gram Jyoti Yojana ( BGJY) |
73.04 |
Biju
Saharanchal Vidyutikaran Yojana ( BSVY) |
17.25 |
|
2015-16 |
Do |
54.67 |
Do |
10.00 |
|
2016-17 |
Do |
39.57 |
Do |
12.00 |
|
2017-18 |
Do |
149.92 |
Do |
10.00 |
|
2018-19 |
Do |
61.00 |
Do |
0,.00 |
|
|
Total |
378.20
|
Do |
49.25 |
N.B. Total fund
allocated by State Govt. for electrification is 427.45 crores (
per year 85 Crores_
·
Details
of fund allocated by Central Govt.
for electrification in Odisha is as follows.
( In Crores)
|
Year |
Name
of State Govt. Scheme |
Fund allotted |
|
2014-15 |
Rajiv
Gandhi Grameen Vidyutikaran Yojana ( RGGVY) ) |
3550.49 |
|
2015-16 |
Deen Dayal Upadhaya Grameen Joti Yojana (
DDUGJY) |
1656.48 |
|
2016-17 |
NIL |
NIL |
|
2017-18 |
NIL |
NIL |
|
2018-19 |
Soubhagya |
1033.39 |
|
|
Total |
6240.36 |
N.B.- Total fund allocated by Central
Govt. for electrification within 5 years
is 6240.36 crores
Pradip Pradhan, M-9937843482, Date- 9.1.19
108. Session
of Odisha Legislative Assembly hardly completes number of sitting days fixed in a year under Nabin
Patnaik Govt., exposed under RTI
The Legislative Assemblies are
considered as temple of democracy.
It is a platform of
MLAs elected by the
citizens to debate
and discourse about various
issues affecting the state ,
make laws for benefit of the
common people and finalizes various
plan and programme for
development of the state. The people’s hope
and aspiration is also reflected
in the assembly session. The people
have great expectation from their
elected representatives. Since 2005, it
was mandated that the sitting of Odisha Legislative
assembly would be atleast 60 days in a calendar
year. But it was changed
after a motion moved by Govt. Chief Whip was passed
in the assembly in December , 2014, though opposition MLAs protested
against it. Since 2015, the
days of assembly session gets drastically reduced as
fixed by Govt. Reduction of days of assembly session by Nabin
Patnaik Govt. and pandemonium by opposition and treasury
bench members has hampered parliamentary
debate and discussion about
people’s issues which is not health
trend for democracy . Chief
Minister is hardly
seen participating in any debate
and discourse on policy related
issues.
RTI Application was
filed to the PIO, office of the Speaker,
Odisha Legislative Assembly seeking information
about total no. of days
fixed for assembly session during last 10 years and actual days of sitting held . On 6.12.18, the PIO
has provided the
following information.
|
Year |
Sitting
Days planned |
Sitting
days Actual |
|
2009 |
61 |
51 |
|
2010 |
60 |
60 |
|
2011 |
60 |
54 |
|
2012 |
60 |
60 |
|
2013 |
60 |
52 |
|
2014 |
59 |
48 |
|
2015 |
62 |
52 |
|
2016 |
64 |
45 |
|
2017 |
65 |
48 |
|
2018 |
65 |
42 |
Observation
A.
It was
observed from RTI
information since 2014, days
of assembly session has been
drastically reduced to 48 ( 2014), 45 (2016), 48 (2017),
42(2018).
B.
Even though the assembly session gets reduced
, the
limited days is not devoted
much for debate
on people’s issues , as pandemonium , boycott by both opposition and treasury benches is witnessed
several times.
C.
Odisha
assembly has not performed well, as
assembly sessions are abruptly adjourned.
Opposition voice is seen scuttled
and denied to speak and raise issues in the assembly.
Pradip Pradhan, M-9937843482, Date-
13.1.19
109. Dankari
Mining Loot- Another Mega Mining Scam worth Rs. 4000 crores perpetuated by BJD
leaders and Govt. officials under Nabin Patnaik Govt. in Odisha
1. NGT Order – Eye Opener
The issue
of Dankari Mining
loot has come to
limelight after intervention and series of orders passed by
National Green Tribunal
following complaint petition No.
604/2018 filed by Sarbeswar Behura , RTI Activist
and Member of Odisha
soochana adhikar Abhijan. The gist of the order of NGT dated 4.1.19 is
as follows.
A.
Chief
Secretary, Govt. of Odisha was directed
to initiate appropriate
departmental action for the
misconduct of the officers involved
in permitting illegal black
stone quarrying as found by the inspection committee constituted
by NGT. Apart from such disciplinary action, the state has to recover the cost of illegally mined material, cost of damage to environment , Net present Value of ecological services foregone
as well as cost of
restoration of the environment.
B.
The State
Govt. and statutory authorities must
anticipate, prevent and attack the causes
of environment degradation and
are accountable for inaction as well as collusion.
C.
To uphold rule of law
and accountability of those who are
trustees of environment , the state machinery is required
to compensate for their negligence and failure
which may act as deterrent
against the officers who neglected
their basic duty of protecting
the environment or colluded with the
polluters and law violators. This
is required as a part of principle
of “ polluter pays” which
applies not only to actual
polluters or enable pollution to be caused
and also for the negligence of
public duties , adversely
affecting the citizens.
D.
The State
Govt. can not avoid
the responsibility for the damage caused
to the environment.
Accordingly , NGT held
the state Govt. to
be liable to deposit an interim
compensation of Rs. 25
crores which may be deposited
with the Central Pollution
Control Board within one month,
pending the final assessment on receipt
of the report of the committee being constituted.
The State Govt. has the liberty to recover
the amount from the erring
officers and the illegal
miners/ stone crushers . The amount
recovered will be utilized for restoration of environment
and for the welfare of
mine workers and local population
affected by diseases due to illegal mining.
E.
NGT
also constituted a joint
committee of representatives of CPCB,
Indian school of mines, Dhanabad, and
Chairman, State Environment
Impact Assessment Authority ( SEIAA)
to make an assessment of the amount of illegally mined materials ,
cost of damage to environment , net present value of ecological services foregone as well as
cost of restoration of the
environment and exemplary damages .
F.
NGT
has fixed 6.5.19
for next hearing of the case.
2.Sequence of Struggle
of RTI Activist leading to
intervention of NGT
·
Dankari Hill forest
area , storehouse of blackstone
mines comes under
jurisdiction of Dharmashala
Tahsil of Jajpur district, Odisha. This area, habitation of 700 population
of Dankari village under Mahisara
Gram Panchayat is 15 kms away
from Dharmashala Tahsil. Sribasa
Jena , a former
Zilla Parishad of Biju Janata Dal,
rulling party , highly
politically influential person
closely connected to local MLA
and state power corridor undertook
illegal mining operation I,e, extraction of
black stone mines in Dankari
Hill with complete
support from district
administration in 2002. He carried out
wagon drill for black stone mining quarry which caused huge
water and environment pollution
in the locality.
·
When his illegal
mining extraction was at peak stage, Sarbeswar Behura, RTI Activist from 2012
started filling series of RTI Application to different offices including office of Tahasil, Dharmashala,
Collector, Jajpur and Deputy Director, Mines, Jajpur Road seeking
information about details of lease
granted , area covered, copy of
environment clearance , details of
royalty paid etc. The
information provided by
different offices exposed
about mining operation
without valid lease and
environment clearance. Then
, Sarbeswar filed
series of complaints to different authorities with prayer
to stop illegal mining
operation in Dankari Hill. But
due to political pressure, no authority
did take any action against the
illegal miner.
·
Then,
in 2014, he filed a PIL case
in Odisha High Court seeking direction of the court
to stop illegal mining
operation in Dankari Hill.
But he could not get appropriate order
from the court. In the meantime , in 2015, 30 to 40
villagers died of kidney
damage, liver problem and
other diseases due to huge
water and environment pollution. A large number
of villagers are also
found suffering from various
diseases due to pollution generated from illegal
mining operation.
·
Then,
Sarbeswar filed complaint case No. 4323/15
in Odisha Human Rights Commission
on 30.11.15 seeking direction for inquiry
into illegal mining operation
and to check health hazard
in the area. OHRC issued direction to Satya Mallik, the then
Collector, Jajpur to conduct inquiry
and take action accordingly.
·
The Collector
in his letter No. 3408 dated
27.11.15 ordered for
closure of operation of illegal
mining in Dankari Hill. On 13.12.15,
he also wrote letter
to Deputy Director, Mines, Jajpur Road
to quantify total amount of Black stone mines extracted from the
Hill . In response to letter of
the Collector, the Deputy Director, mines, Jajpur Road submitted
a report dt. 18.3.16 to the Collector
in which he has mentioned that
total quantity of 73,
38, 012.5 cum
has been illegally extracted by the
Mining operator.
·
On 10.5.16, the
Collector, Jajpur wrote a letter
to Secretary , Revenue and Disaster Management informing about illegal
mining operation in Dankari Hill
, loss of royalty due to illegal mining operation and suggested for a state squard to make an assessment of damage
done /loss of revenue sustained to state government.
·
On 18.5.16, the
Collector wrote a letter
to Tahasildar attaching report
of Deputy Director, Mines, Jajpur
Road to quantify revenue
loss of amount of
black stone mines extracted by deducting
the royalty paid by the mining operator. The
Tahasildar calculated details of royalty amount deposited by Sribasa Jena against
mining extracted to the tune of 14,15,596 cum and compare it with
figure of total amount of mining
extracted as per report of Deputy
Director, Mines. The Tahasildar wrote a
letter to Sribasa Jena, Mining operator about
extraction of excess amount of mining
69,22, 016 cum against
which royalty amount
Rs. 58, 62, 79, 633.00 to be
deposited with copy
marked to Collector.
·
On
8.6.16, Sribasa Jena challenged the
order of Tahasildar in Odisha High
Court and got stay order. On 28.9.16, the
High Court ordered
for fresh inquiry and provide reasonable
opportunity to Sribasa Jena
of being heard prior to taking any decision
about fixation of royalty.
·
On 21.6.16, Mr. Deepak Mohanty, Director,
Mines wrote a letter to the Collector, Jajpur to constitute a committee comprising the revenue, Mining and police officials for
getting reassessment done with the assistance of State level Enforcement
squad of this directorate.
·
On 4.7.16., Sri Abhaya Nayak, Joint Secretary, R7DM wrote a letter to the
Collector, Jajpur that
i. Collector shall
calculate the royalty amount
for the excessquantity of black
stone extracted by the lessee and issue demand notice
to Sri Sribasa Jena , the lessee
and recover the same immediately.
ii. Penalty may
also be levied for the illegal
extraction of the minerals
from the sources.
iii. Total
extent of revenue loss and excess
lifting should be assessed by
the joint team comprising
officers of Mines and Revenue administration, constituted Collector, Jajpur.
iv. Collector should file FIR for the theft
of black stone to the extent excess than
the allotted quantity.
v. Collector may initiate
disciplinary proceedings against
the concerned R.I.s and recommend with memo of evidence for drawal of proceedings against Tahasildars and other
higher authorities.
vi. On
the basis of the facts reported
and theft done in violation of the lease conditions, the lease agreement
, if in force any, should be terminated
by the Collector
following due procedure of law.
vii. Immediate steps
should be taken for fresh
auction of the source, as per revised OMMC Rules.
·
Following
order of Department of Revenue
and Disaster Management dated
4.7.16, the Additional district Magistrate ( ADM), Jajpur dt. 23.8.16
submitted to the Collector, Jajpur framing the memorandum of evidence
for drawal of proceedings
under Rule-15 of the Orissa Civil Services ( Classification, Control and Appeal ) Rules, 1962 against the 10 erring
Revenue Inspectors of Dankari
R.I. Circle under Dharmashala
Tahsil in connection with the illegal extraction of Black stone from Dankari
Black stone quarry and loss of
revenue incurred during their incumbency
as Revenue Inspectors. The
Revenue Inspectors were
directed to submit their written
statement of defence within 30
days from the date of receipt of memorandum and also to state if they
desire to be heard in person.
·
On 6.8.16.,
the ADM submitted to Revenue
and Disaster Management the
draft proceedings against the 10
erring Tahasildars of Dharmashala in connection with the illegal extraction of Black stone from Dankari
Black stone quarry and loss of
revenue incurred during their incumbency
as Tahasildars. The Tahasildars
were directed to submit their written statement of
defence within 30 days from the date
of receipt of memorandum and also
to state if they desire
to be heard in person.
·
Similarly,
on 11.8.16, the ADM submitted
to Revenue and Disaster Management
the draft proceedings against the 6
erring Sub-Collectors in connection with the illegal extraction of Black stone from Dankari
Black stone quarry and loss of
revenue incurred during their incumbency
as Sub-Collectors. The Sub-Collectors were directed
to submit their written statement of defence within 30 days from the date
of receipt of memorandum and also
to state if they desire
to be heard in person.
Though notice for
disciplinary proceedings was
issued to 10 Revenue Inspectors, 10 Tahasildars and 6
Sub-Collectors, it was kept
pending for years together. No
action was taken against erring
officials till yet. These officials
were protected by the State Government, political leaders , local MLA and
others.
·
Then Sarbeswar
Behuria filed complaint
to NGT IN July
2018 seeking inquiry into
illegal mining extraction and played
for action against the officials.
After registering the
Complaint No. 604/2018, NGT has ordered
dated 31.8.18. to the Secretary,
Department of Forest to constitute a team
with representatives from SPCB,
Sate Level environment Impact Assessment Authority 9SEIAA), Odisha and
Collector, jajpur and a representative from forest department and to
furnish an action taken report. The Forest
Dept. submitted the report to NGT
on 7.12.18. Following which
the NGT passed above-mentioned
order .
3. Harassment
of Sarbeswar Behura
While taking up this issue ,
Sarbeswar has faced a lot of difficulties . He has been attached by the goons several times and threatened of attack
and murder. Five numbers of false
cases have been filed against him in local police station. His home was broken down and set fire by miscreants.
NGT
order is one step forward not only to stop mining
loot but also
to recover loot amount
from the illegal miner and
officials responsible for it.
Pradip Pradhan with
support from Sarbeswar Behura RTI Activist, Date- 30.1.19
110. Funding Arrangements for establishment of five new Medical Colleges in
Odisha
The State Govt. takes much credit
and advertises outstanding
achievement for setting up
5 new medical colleges in Odisha.
The common impression is that Govt. of Odisha out of its own budget has set up
new medical colleges in the state.
To get real picture about budgetary allocation of fund for establishment of new medical colleges in
Odisha, RTI Application was filed to the Ministry of Health and Family ,
Govt. of India whether
the Central Govt. has made any
funding support for setting up these 5 new
medical colleges in Odisha. On 2.2.19, the CPIO has provided the
following information.
· The Ministry administers a Centrally
Sponsored Scheme namely “establishment of new medical colleges attached with
existing district / referral hospitals. Under
this scheme, five districts
in Odisha namely Balasore,
Bolangir, Koraput , Baripada ( Mayurbhanj)
and Puri have been approved to establish
new medical colleges .
· Funds to the tune of Rs. 558.60 cr. have been
released to the State Govt. for establishment of new medical colleges as per table
below.
|
|
District |
Amount
released in crores |
||||
|
|
2014-15 |
2015-16 |
2016-17 |
2017-18 |
2018-19 |
|
|
1 |
Balasore |
7.00 |
17.00 |
10.00 |
71.00 |
8.40 |
|
2 |
Baripada |
7.00 |
17.00 |
10.00 |
79.00 |
0.40 |
|
3 |
Bolangir |
7.00 |
17.00 |
10.00 |
71.00 |
8.40 |
|
4 |
Koraput |
7.00 |
17.00 |
10.00 |
79.00 |
0.40 |
|
5 |
Puri |
7.00 |
17.00 |
10.00 |
71.00 |
0 |
|
|
|
35.00 |
85.00 |
50.00 |
371.00 |
17.60 |
A.
The
Five medical College have been set up under
the Centrally sponsored scheme of
“ Establishment of new Medical Colleges attached with existing district/ referral hospitals”
having more than 200 bed
strength in identified districts
within 10 mks of the district/ referral hospital selected
for establishing the medical
colleges as required by the existing MCI regulations.
B.
Regarding
funding arrangement, 75% of the cost of
these colleges would be met
by the Central Govt. and the states are expected
to meet the remaining 25% of the cost. The per unit cost for establishment
of medical colleges has been estimated
at Rs. 189 crores.
C.
RTI
Application was also filed to different
districts to get
information about details of
expenses made for
construction of building and development of infrastructure for newly
created Govt. Medical college. On 5.12.18, the PIO, office of the Executive engineer ( R&B),
Bolangir Division has
provided that total amount of Rs.
27.047 crore has been spent
for Bolangir Medical College.
On 19.12.18, the PIO, office
of the Executive Engineer, Koraput (
R&B) Division has provided that a tune of Rs. 187.25 crore has been spent for
construction and creation of
infrastructure for Koraput Medical college and Hospital.
Pradip Pradhan, M-9937843482, Date-10.2.19
111. Biju Swasthya
Kalyan Yojana-A Big Hoax and Fake Scheme
This not
new but a scheme of financially supplementing many existing schemes with new
Name just to deceive the people of Odisha.
1. What is Biju
Swasthya Kalyan Yojana ( BSKY)
As declared by Govt. of Odisha,
Biju Swasthya Kalyan Yojana ( BSKY) is a
scheme of the Govt. of Odisha which aims to provide universal health coverage ,
with special emphasis on the health protection of economically vulnerable
families. To achieve its objectives, the BSKY
has two components:
A. Free health services for all (irrespective of income,
status or residence) in all State Government health care facilities starting
from sub centre level up to district headquarter Hospital level.
B. Additional facility of free healthcare District
Headquarters hospital level for over 70 lakh economically vulnerable families
in the state who are provided Annual Health Coverage of Rs. 5 lakh per family
and Rs. 7 lakh for the women members of
the family.
C. All families are eligible for free health care
services at Government health care institutions upto district head quarter
hospital level.
D. With regard to benefits under BSKY, all health
services are free of cost, including
free drugs, free dialysis, free cancer chemotherapy, free OT, Free ICU, free
in-patients admission etc. in all government health institutions upto District
Hospital level for all persons.
E. Families having BKKY card, RSBY card, BPL card or AAY
card or annual income of Rs. 50,000/- in rural and Rs. 60,000/- in urban areas
can avail cashless treatment at all Government Hospitals and 208 empanelled
private hospitals.
2. Critical issued relating
to Scheme and its
implementation.
Having
gone through it and emboldened over digital media
campaign about BSKY by Chief
Minister, it was thought
of to understand the
following issues.
·
Budgetary
provision made to implement such mega
scheme in the state and details of fund allotted
to different districts
for it.
·
Who
are the 70 lakh beneficiaries and its district-wise figure.
·
Status
of accessability to health services by
poor and vulnerable people to Govt. hospitals.
·
How
many beneficiaries have received health
facility under the scheme in different districts.
·
Who
are the private hospitals already provided free health facility to the
beneficiaries of BSKY and fund provided to them.
·
What
is the status of all on-going health schemes implemented in the state.
3.
Use of RTI to
access information about BSKY and monitor it.
Accordingly, from October, 2018 to January,
2019, multiple RTI Applications
were filed to Department of Health and
Family Welfare , Mission Directorate, Directorate of Health Services and all 30 District Hospitals to
get the information mentioned below. Important information sought for under RTI is
as follows. ( RTI Applications are
attached herewith)
A. Information sought from 30 District Hospitals on 11.11.18
i.
Provide copy of the circular/ instruction/ order issued to district about
implementation of Biju Swastya Kalyan Yojana .
ii. Provide details of fund received from state
govt. and expenses made (under different heads) under Biju Swastya Kalyan
Yojana.
iii. Provide total number of beneficiaries
identified eligible to access health service under BSKY in the district.
v.
provide list of private Hospitals which are covered under BSKY
B. Information sought for from Dept. of
Health and Family Welfare on 1.10.18
i. No. of families covered
by BKKY and RSBY (
scheme-wise and year-wise)
ii. No. of patients availed
benefits under BKKY and RSBY (scheme-wise and year-wise)
iii. Total amount paid under BKKY and RSBY by
Govt. ( scheme-wise and year-wise)
Details of
budgetary sources from which the said amount paid under BKKY
and RSBY scheme (scheme-wise and year-wise).
C. Information sought for from Dept. of Health and Family Welfare, Govt. of
Odisga on 15.10.18 and 21.12.18
i.
Circular/ instruction/ order issued
to all districts and private
hospitals about implementation of Biju
Swastya Kalyan Yojana .
ii. Details of expenses made towards cost of advertisement made in public place and print and electronic
media about Biju Swastya Kalyan Yojana
iii. Details of budgetary allocation made for Biju Swasthya Kalyan Yojana.
iv. Details of programme organized and
expenditure made towards implementation of BSKY at state level.
v.Details of fund transferred to each
district to meet expenses of implementation of Biju Swasthya Kalyan
Yojana.
vii. Details of fund already released to
private hospitals against claims of
beneficiaries for treatment under BSKY.
viii.Details of fund of NHM used for Biju Swasthya Kalyan Yojana
D. Information sought about various health schemes
from Dept. of H &FW. Govt. of Odisha on 1.10.18
i. Total
fund allocated ( specify state budget and central Govt . fund /NHM ) and spent
for implementation of Janani
Sishu Surakhya Karyakrama( JSSK) ( YEAR-WISE)
ii.
Total fund allocated ( specify state budget and central Govt . fund /NHM
) and spent for
implementation of Rashtriya Bal
Swasthya Karyakrama ( RBSK) (
YEAR-WISE).
iii.
Total fund allocated ( specify state budget and central Govt . fund /NHM
) and spent for
implementation of National
Ventor-borne Disease Control Programme ( NVBDCP) ( YEAR-WISE) .
iv.
Total fund allocated ( specify state budget and central Govt . fund /NHM
) and spent for
implementation of NPCDCS (
YEAR-WISE).
E. Information
sought for from Health and Family Welfare Dept.on 21.12.18
i.
Details of expenses made towards
cost of advertisement made in public
place and print and electronic media
about Biju Swastya Kalyan Yojana
ii.
Details of budgetary allocation made
for Biju Swasthya Kalyan Yojana.
iii.
Details of programme organized
and expenditure made towards
implementation of BSKY at state level.
iv.
Details of fund transferred to
each district to meet expenses of implementation of Biju Swasthya Kalyan
Yojana.
v. Details of fund already released to private
hospitals against claims of
beneficiaries for treatment under BSKY
and number of patients already treated
in each private hospital
vi.
Dtails of fund of NHM used for
Biju Swasthya Kalyan Yojana
F. Information
sought for from Health and Family Welfare Dept. on 8.1.19
i. Provide
information about no. of families
covered by BKKY and RSBY
( scheme-wise and year-wise)
ii. Provide information about no. of patients availed
benefits under BKKY and RSBY (scheme-wise and year-wise)
iii. Provide
total amount paid under BKKY and
RSBY by Govt. ( scheme-wise and year-wise)
iv. Provide information about details of
budgetary sources from which the said amount paid under BKKY
and RSBY scheme (scheme-wise and year-wise)
4.Critical
analysis about implementation of BSKY
Most of
the information has not been supplied by
many offices about BSKY. However, details of analysis of
information which has been obtained
is presented below.
4.A.
Integrated Help-desk renamed as BSKY Help-Desk
In order to facilitate patients’ care
service, the State Govt. has
set up 24x7 Help-Desks ( NHM-support) like RSBY/BKKY Help-Desks
in all FRUs through outsourced
agencies . for effective functioning of
these Help-desks , the State Govt. issued
circular dated 30.11.17 to
integrate all these Help-Desks into a common Help-Desk as integrated
Help-Desk. On 13.8.18., the State Govt. against
issued instruction to rename these Help-Desk as BSKY Help-Desk in the hospitals.
4.B. No. of beneficiaries availed health services under BSKY
On query
about number of
beneficiaries availed free health service under BSKY scheme in
different hospitals from the period of
September to Dec., 2018 , the
PIOs of different hospitals have
responded that there is no categorization of
beneficiaries availed benefits
under various schemes like BSKY.
They have provided just total
number of IPD patients and OPD patients month-wise who have availed health facility from August
to Nov.,18 is reported as BSKY beneficiaries. Few examples
are presented below.
|
Name of Hospital |
Month,
2018 |
Total no. of ( IPD) beneficiaries |
Total no. of ( OPD) beneficiaries |
Remarks
, if any |
|
SCB
Medical College & Hospital, Cuttack |
September |
9251 |
158433 |
|
|
|
October
|
9258 |
159783 |
|
|
|
November |
10256 |
154266 |
|
|
DHH,
City Hospital, Berhampur |
September
|
907 |
34192 |
|
|
|
October |
938 |
32813 |
|
|
|
November
|
1025 |
30925 |
|
|
SDH,
Bhanjanagar |
Within
three months |
4877 |
33406 |
|
|
District
Hospital, Bhadrak with 8 PHCs |
DO |
51769 |
425062 |
|
|
District
Hospital, Puri |
DO |
23249 |
434575 |
|
|
District
Hospital, Boudh |
DO |
3337 |
49980 |
|
4.C. Information about 70 lakh
beneficiary-families under BSKY
RTI
Query about coverage
of 70 lakh beneficiaries under
BSKY ( Biju Swasthya Kalyan Yojana) as
declared by State Govt, it was
found that the State Govt. has taken into account total earlier enrolled beneficiaries
under BKKY ( 25,61,602) and RSBY ( 44,08,070) as 70
lakh families to be covered under BSKY.
( BKKY- Biju Krusak Kalyan Yojana,
RSBY- Rastriya Swasthya Bima Yojana). As
the financial support under RSBY
is over on 31st Dec.18, the
State Govt. decided to include all RSBY beneficiaries ( 44,08,070) in
BKKY Stream-II w.e.f. 1st
January , 2019. So that they
will avail free health facilities
upto one lakh and get coverage
under Biju Swasthya Kalyan yojana. But
it was found that though
RSBY beneficiaries have been
distributed BKKY Stream-II
card, but they
are denied free
health services under the card in
many hospitals across the state.
4.D. Huge misuse of public money by Chief Minister
The State Govt.
spent Rs. 1.21. crores ( Rs. 69,69,672.00 towards incentives for distribution of CM letter and Rs.
51,52,600.00 towards contingency for printing of registers and formats) for distribution of Chief Minister’s letter
on BSKY among 70 lakh beneficiaries. On
9.8.18., the Special Secretary, Dept. of
Health and Family welfare issued instruction and detailed guidelines
to all Collectors constitute a
committee at district and block level for
door-to-door distribution of CM letter
to all beneficiaries starting
from 16th august to 24th
august, 2018. Within this period,
all district and block level officials including ASHA and ANWs were
engaged just to distribute CM’s
letter to beneficiaries. This is a big
misuse of money by Chief Minister himself.
4.E. No information about free health services provided by empanelled private hospitals under BSKY and fund disbursed
to them.
As
per RTI information, total no. of 208 private Hospitals are empanelled
to provide free health services to the
patients who are entitled
to get Rs. 5 lakh financial
support for treatment under BSKY.
RTI query was made
to Dept. of H and FW and District hospitals about how many private hospitals have provided health services under BSKY
and amount of money
provided to them. Though 3 months have passed, no response
has been obtained from any
office. However, a letter written by proprietor
of Sun Hospital, Jagatsingh Pur
has been provided under RTI Act. The proprietor has stated on 16.1.19 that they have not yet
implemented BSKY as it’s rules
and regulations are not clear and the
required software has not yet been installed.
4.F. No information about
beneficiaries availing Rs. 5 lakh benefits under BSKY
On RTI query about how many patients have availed
health services from private hospitals or Govt. hospitals under BSKY ,
the Health and Family welfare
Department has not provided
any information. On 22.1.19., the Chief Executive
officer-cym-PIO, State Health Assurance Society ( SHAS) of H&FW Dept. has forwarded RTI application to the following insurance companies to provide
information. Though one and half months passed, these companies have not
supplied any information.
· The AVP, ICICI Lombard GIC Ltd.
· The G.M. IFFCO Tokio GIC Ltd.
· The CRM, New India Assurance Co.
Ltd.
· The CRM, National Insurance Co. Ltd.
· The Head RSBY, Max Bupa Health
Insurance Company Ltd.
4.G. No budget provision for BSKY
There is no budgetary provision
for implementation of BSKY except
incentive for distribution of CM’s letter and advertisement. As per RTI Information
provided on 25.1.19, total amount of Rs. 3, 17,61,762.00 has been spent towards advertisement of BSKY .
Similarly, Rs. 1.21 crores earmarked and spent
towards distribution of CM letter. All fund usually allotted under NHM fund and State Fund for
implementation of various health schemes
are utilized under newly named scheme i.e., BSKY. Allotment of fund
under NHM Fund and State Govt. fund
supplied by few offices are as
follows.
|
Name of district |
Year |
NHM fund allotted |
State fund allotted |
|
Office of CDMO, Nuapara |
2016-17 |
2,262.48 |
247.21 |
|
|
2017-18 |
2,297.35 |
74.02 |
|
|
2018-19 upto Dec. 18 |
2,219.09 |
60.33 |
|
CDMO, Boudh |
2016-17 |
2700000.00 |
0 |
|
|
2017-18 |
3100000.00 |
0 |
|
|
2018-19 |
500000.00 |
0 |
4.H. Vacancy of post of Doctors denied health services in Govt.
hospitals.
Provision of
imparting treatment to the
patients free of cost as declared by
Govt. under BSKY requires presence
of specialized doctors
in each hospital i.e., CHC,
PHC and District Hospitals. But astonishingly, the Govt. has not
taken any steps to ensure filling up of vacancy
post of doctors in the hospitals. As
per RTI information, out of total required 6614 doctors, 3224 post is lying vacant in Govt. hospitals across the state. The vacancy
of doctors’ s post has damaged
prospect of availability of free health services for the patients.
On 9.1.2019, the information obtained under RTI from CHC,
Baliapal of Balasore district
exposed how free health service is
distant dream for the people in remote pockets of the
state. The absence of doctors in CHC and PHC is as
follows.
|
Sl.No. |
Name of the Institution |
Name and no. of vacant
post as on 9.1.2019 |
|||
|
1 |
CHC, Baliapal |
Spl. In 0 & G-1 |
|||
|
|
|
Spl. In Medicine -1 |
|||
|
|
|
Spl. In Surgery-1 |
|||
|
2 |
CHC, Pratapur |
Spl. In Paediatric-1 |
|||
|
3 |
Ghantua PHC (N) |
Medical Officer-1 |
|||
|
4 |
Srirampur PHC( N) |
Medical Officer-1 |
|||
|
5 |
Jamkunda PHC (N) |
Medical Officer-1 |
|||
|
6 |
Bolong PHC (N) |
Medical Officer-1 |
Pradip Pradhan ,
M-9937843482, Date- 6.3.19
112. Rs. 15 crore spent for repair of Jagannath temple
by ASI within last 9 years.
RTI Application was filed to the
CPIO, office of Director, Archaeological Survey of India ( ASI),
Bhubaneswar seeking the
following information.
· Name of the temples , historical
places which has been
renovated and repaired by ASI and total expense made for each of it within
last ten years.
· Details of fund allocated and
expenditure made for renovation and repair of temples, historical places and
others from 2010 to 2018 ( year-wise).
· Details of expense made
for renovation and repair of Sri Jagannath Temple, Puri and Konark temple from 2010 to 2018 ( year-wise) .
On 5.3.19, the PIO has provided the
following information
A. Total no. of 79 temples, archaeological sites and
historical places are under constant repair and maintenance by ASI in Odisha since last 9
years ( from 009-10 to 2017-18).
B. Year-wise
expenditure for annual maintenance
and conservation works of
temples and historical sites
are as follows.
|
Year |
Annual expenses in
Rs. |
|
2009-10 |
2,56,06,326.00 |
|
2010-11 |
2,51,96,171.00 |
|
2011-12 |
2,77,62,558.00 |
|
2012-13 |
4,40,54,552.00 |
|
2013-14 |
2,10,72,701.00 |
|
2014-15 |
7,74,73,291.00 |
|
2015-16 |
6,37,14,860.00 |
|
2016-17 |
8,67,09,573.00 |
|
2017-18 |
6,88,45,784.00 |
|
Total |
44,04.35,816.00 |
C. Expenditure for repair
of Jagannath Temple within last 9 years is Rs. 15,38,27,240.00
D. Expenditure for renovation and repair of Sun Temple , Konark is Rs. 11,74,40,021.00
E. 28 temples located
in Bhubaneswar are always under
constant Annual repair by ASI.
F. Other major
temples and historical sites which are under renovation and repair
are as follows.
|
Excavated Buddhist
site , Lalitagiri, Dist-Cuttack |
Nilamadhav and
Sidheswar Temple, Boudh |
|
Barabati Fort ,
Cuttack |
ChousathiYogini
Temple, Ranipur Jharial, Dist-Bolangir |
|
Excavated site at
Bodhi, Choudwar, Dist-Cuttack |
Mahadev temple,
Balia, Dist-Jagatsingh Pur |
|
Kuntio temple,
Mahendragiri, Dist-Gajapati |
Dakahya Prajapati
Temple, Banpur |
|
Chandrasekhar Jew
Temple, Kapilash, Dist-Dhenkanal |
Annakoteswar Mahadev
Temple, Latadeipur, Dist-Dhenkanal |
|
Rock Cut Vishnu,
Kaniha, Dist-Angul |
Varahanath Temple,
Jajpur |
|
4 Colossal images in
SDO office Complex, Jajpur town, Dist- Jajpur |
|
Pradip Pradhan, M-9937843482, Date-10.3.19
112. Make in Odisha- a
Fake High-profile Digital Campaign of State Govt. with no Investment and no Employment
Generation since last 3 years, exposed under RTI
1. Introduction
As claimed by State Govt., Make-in-Odisha is an initiative launched by
the Government of Odisha for industrial growth in the State. The first Make in Odisha conclave was organised by Government of
Odisha, Department of Industrial Policy & Promotion (DIPP) and Government
of India and Confederation of Indian Industry (CII) between 30th November 2016
to 2nd December 2016 in Bhubaneswar, Odisha . The key objective of the conclave is to showcase the manufacturing
prowess of the state and the investment opportunities across the focus sectors.
Major investment sector are IT, fertilizer,
petro chemicals, food processing, health, infrastructure, ESDM, metal and
minerals, manufacturing, textiles and tourism.
On 3.11.18., 4th phase of Ground-breaking ceremony was
organized in Bhubaneswar addressed by Chief
Minister in which 15 new
industrial projects spanning 6
sectors was declared
by the following companies with investment of Rs. 1,807.92 crores with employment to 8883 persons.
Ultratech
cement, Welspun Orissa, Chettinad Cement, Surya Foods, P & A Bottlers Pvt.
Ltd. , Oriplast, CRPL Infra ( p) Ltd., Vijayanagar Bio-tech ( P) Ltd., Coastal
Corporation , Truism Resource Ltd. ,
Wild Lotus Fashion Pvt. Ltd. , Flaminquo Sharimpex Pvt. Ltd., Amarsagar Sea
Food Pvt. Ltd., Jharana Steel Industries, Sabri Food Products Pvt. Ltd.
The second edition of Make in Odisha was held
from 11th November 2018 to 15th November 2018 in Bhubaneswar, Odisha. Six countries, Japan, China, Italy,
Germany, Saudi Arabia and South Korea along with industrialist from India had
attended this conclave. The State
Govt. has claimed
that it has received huge
investment proposal worth crores of rupees from different
investors which will generate lakhs of
employment opportunity in the
state.
2. Monitoring of Implementation of Claims of
Make-in-Odisha through RTI
From Nov.18 to Feb. 2019, Multiple RTI Applications were
filed to different offices
like Department of Industry, Govt. of Odisha Industrial Promotion & Investment
Corporation of Odisha Limited (IPICOL), Odisha Industrial Infrastructure
Development Corporation ( IDCO), District Industries Centres, office of
Collectors of 10 districts ,
location for setting of industry ( Districts like Khurda, Cuttack,
Dhenkanal, Angul, Jajpur, Rayagada, Jharsuguda, Ganjam etc. ) . The objective
of filling multiple RTI Application was to gather information about:
· Details of Make-in-Odisha Campaign
organized in different places in India
and outside India to attract investors.
· Investment proposal sanctioned and
land allotted to investors within last 3 years.
· Details of project started
functioning as projected by Investors in Make-in-Odisha Conclave.
· Details of expenses made for
Make-in-Odisha Campaign organized in different places.
· Details of land sanctioned to
different industries for establishment of their business set up.
· Details of employment generated in
Odisha by these companies.
3. The information provided by many offices are
as follows.
A. Huge investment for promotion of Make-in-Odisha
As per information obtained from IPICOL, for promotion of
Make-in-Odisha, road shows were organized in New Delhi, Hyderabad, Kolkata and
Ambassador meet at New Delhi. Total amount
spent during road shows was Rs.
16.14 lakhs. Confederation of Indian Industries ( CII) was engaged as the National Industrial partner for make in Odisha 2016. Rs. 47.29 lakh was
paid to CII against the services provided
during the Make in Odisha. During
financial year 2016-17, an amount
of Rs. 5.7280 crore was spent for
promotion of Make-in-Odisha conclave. Expenditure
for Make-in-Odisha Conclave-2018 has not
been collected till yet.
B. Ministers and Officers engaged in promotion
of Make-in-Odisha show
|
Programme |
Time Period |
Name of Delegates |
|
Ambassadors Meet,
New Delhi |
October, 2016 |
1.Sri Naveen
Patnaik, Chief Minister, Odisha 2. Mr. Debi Prasad
Mishra, Minister for Industries 3. Mr. A. P.Padhi,
Chief Secretary 4. Mr. Sanjeev
Chopra, Principal Secretary, Industries 5. Mr. V.K.Pandian,
Secretary to CM 6. Mr. sanjay Singh,
CMD, IDCO 7. Mr. M.K.Pattnaik,
Joint Secretary, Industries 8. Mr. B.K.Das,
Joint Secretary, Industries |
|
Hyderabad Road
Show |
Oct.16 |
Mr. Debi Prasad
Mishra, Minister for Industries Mr. Sanjeev Chopra,
Principal Secretary, Industries Mr. sanjay Singh,
CMD, IDCO Mr. K.C.Mohanty, GM
(SLNA), IPICOL |
|
Kolkata Raod Show |
October 16 |
Mr. Debi Prasad
Mishra, Minister for Industries Mr. Sanjeev Chopra,
Principal Secretary, Industries Mr. S.K.Samal, Asst. Manager , IPCOL Mr. K.C.Mohanty, GM
(SLNA), IPICOL |
|
New Delhi Road Show |
|
Mr. Debi Prasad
Mishra, Minister for Industries Mr. Sanjeev Chopra,
Principal Secretary, Industries Mr. K.C.Mohanty, GM
(SLNA), IPICOL Mr. B Oram, Manager,
IPICOL |
4. Whither Investment within
3 years ?
RTI query was made to IPICOL to access information
about List of industries / entrepreneurs/ companies who have submitted their application of interest for investment
in Odisha, the PIO, office of
IPICOL dt. 5.12.18. has
provided list of 131 companies who have already submitted their proposal of investment in Odisha from Jan, 2016 to July, 2018 with an estimated amount of Rs. 27,39,213.42 crores.
On 9.1.19., multiple RTI Applications were submitted
to offices of 10 District
Collectors seeking information about details of project started
by the investing companies of Make-in-Odisha programme in respective districts, location of the project and quantity of land and other infrastructure provided by the
administration. Scrutiny of the
information provided by many
Collector offices shows that
they do have any information
about it. Many Collector
Offices have transferred RTI Application to the office of IDCO and IPICOL and District Industries Centres . The
information provided by these offices
are as follows.
|
Sl.
No. |
Name
of the Company |
Name of
District |
Extent of land allotted ( in Ac.) |
Present Status |
|
|
1 |
LL
Logistics Pvt. Ltd. |
Cuttack |
42.420 |
Land allotment Cancelled |
|
|
2 |
Gitanjali
Gems Ltd. |
Cuttack |
30.000 |
Land allotment
cancelled |
|
|
3 |
Page
Industries Ltd. |
Cuttack |
27.500 |
Provisional land allotment letter issued. But the client company has not deposited the land cost |
|
|
4 |
Texport
Industries Ltd. |
Cuttack |
0.00 |
Land not allotted |
|
|
5 |
Jay
Bharat Spices Limited |
Cuttack |
14.000 |
IDCO has allotted Ac. 14.000 of Govt. land in
village Ramdaspur under Baranga Tahasil in Cuttack district. It is under implementation. |
|
|
6 |
Ultratech
|
Cuttack |
90.000 |
IDCO has
allotted Ac. 90.000 Govt. land in village Kolathapangi and Khamarnuagaon under Athagarh Tahasil in
Cuttack district. It is under implementation.
|
|
|
7 |
Lalchand
Resorts Pvt. Ltd. |
Cuttack |
0.000 |
No allotment
has been made |
|
|
8 |
Infunex Health Care Pvt. Ltd. |
Cuttack |
0.000 |
A demand
towards deposit of land cost and other statutory charges has been issued to the unit for considering allotment of Ac. 6.00 at I.E.,
Ramdaspur . A part payment
has been deposited on 14.1.2019 No allotment of land nor land handed over to the
Unit. |
|
|
Information
obtained from Odapada Tahasil dated 12.2.19 |
|||||
|
9 |
P
&A Bottlers |
Dhenkanal |
Ac. 12.05 |
IDCO has cancelled
the sublease proposal measuring an area Ac. 12.05 in village Balarampur under Odapada Tahsil to P& A Bottlers
Pvt. Ltd. |
|
|
10 |
Narbheram
Power & Steel Pvt. Ltd. |
Gunichapada, under ODAPADA Tahasil |
No |
No information available |
|
|
Information
obtained from ADM, KalingaNagar ,
Jajpur |
|||||
|
11 |
M/s
emami Cement Ltd |
Manatira , KalingaNagar |
66.25 dec. |
Company is
under construction |
|
|
12 |
M/s
Jajpur Cement Pvt. Ltd. |
Jajpur |
No |
No
information is available |
|
|
13 |
M/s
JSW Cement Ltd. |
Jajpur |
No |
No
information is available |
|
|
14 |
M/s
Kejriwal Casting Ltd. |
Jajpur |
No |
No
information available |
|
|
15 |
M/s
Tirupati Containers Private Ltd. |
Jajpur |
No |
No
information is available |
|
|
16 |
M/s
CONCOR |
Jajpur |
No |
No information is available |
|
|
17 |
M/s
BMW Industries Ltd. |
Jajpur |
No |
No
information is available |
|
|
Information
obtained from office of Tahasildar,
Khalikote, Ganjam on 11.2.19 |
|||||
|
18 |
Swosti
Chilika Resort Limited |
Odia Alapur , Ganjam dist |
No land allotted |
It is functional. No information is available about employment generation. |
|
|
19 |
Saraf
Agencies Private Limited |
Ganjam district |
|
No
information is available with Collector, Ganjam |
|
|
20 |
Grasim Industries Ltd. |
Do |
|
No
information is available with Collector, Ganjam |
|
|
21 |
Jayashree
Chemicals Limited |
Do |
|
No
information is available with Collector, Ganjam |
|
|
22 |
CER
Coal |
Do |
|
No
information is available with Collector, Ganjam |
|
|
23 |
IREL –
Location- BODAPUTI |
Do |
|
No information
is available with Collector, Ganjam |
|
|
24 |
VICTORY
PAPER AND BOARDS(India) Limited |
Do |
|
No
information is available with Collector, Ganjam |
|
Information about status of the project provided by IPICOL on
7.3.19 and 16.2.19 is as follows.
|
Sl. No |
Name of Company |
Location |
District |
Project Cost
( in Crores) |
Status |
|
1 |
Welspun
Orissa Steel Pvt. Ltd. |
Dosingha, Ghamra |
Bhadrak |
160.15 |
Approved |
|
|
Globus Spirits Ltd. |
Gourprasad, Chandabali |
Bhadrak |
150.00 |
Approved |
|
3 |
Sadhav Group of Companies |
Paradeep |
Jagatsingh Pur |
150.00 |
Approved |
|
4 |
Indian oil Corporation Ltd. |
Somanath Pur |
Khorda |
161.59 |
Under Implementation |
|
5 |
Suguna Food (P) Ltd. |
Khorda |
Khorda |
50.27 |
Under Implementation |
|
6 |
Indian Oil Corporation Ltd. |
Bhandaripokhari |
Bhadrak |
1,970.52 |
Recommended to HLCA |
|
7 |
MCPI Pvt. Ltd. |
Bhandaripokhari |
Bhadrak |
975.00 |
------- |
|
8 |
Chettinand Cement Corporation Ltd. |
Kalinga Nagar Industrial Complex |
Jajpur |
231.84 |
Land allotted under implementation |
|
9 |
Surya food and Agro Limited |
Khorda Food Park |
Khorda |
108.99 |
Under implementation |
|
10 |
Ori Plast Ltd. |
Khannagar |
Balasore |
29.00 |
Under Implementation |
|
11 |
Vijayanagar Bio-tech Pvt. Ltd. |
Papadahandi |
Nawarangpur |
59.00 |
Land allotted
under implementation. |
|
12 |
Coastal Corporation Ltd. |
Sea Food Park , Deras |
Khorda |
51.00 |
Land allotted under implementation |
|
13 |
CRPL Infra Pvt. Ltd |
Sea Food park , Deras |
Khorda |
62.10 |
Land allotted under implementation |
5. No information about Generation of
production and Employment
On query
about functional of the companies, both IDCO and IPICOL have pointed out that
no information is available about
functioning and starting of production of these Industries
and no information about
employment generated by them.
Pradip Pradhan, M-9937843482, Date-
11.3.19
113. Crime Branch Inquiry into Ghangapatna land Scam suppressed by State
Govt. from 2014 to 2019
1. Introduction
In July
2014, Mass Media reported about politically-influential people, MLAs
and Ministers namely Sri
Kalpataru Das, Sri Pranab Balanantaray and Sri K.B.Singhdeo illegally
acquiring leased land of tribals
through fraudulent means in
Ghangapatna area of Bhubaneswar. These
are waste land leased plots
given to tribal and poor
people by State Government free of cost. After media
expose of this land scam, the opposition political parties and Civil Society Organisations
immediately demanded CBI inquiry
into this scam as BJD
leaders are involved
in it. However, to pacify the
rising public anger against
the Govt. Chief Minister declared
that Crime Branch
would conduct inquiry
into it in the month
of August, 2014.
2. Issues relating
to Crime Branch Inquiry
and Filling of RTI
On 9.9.2014., Crime Branch lodged complaint
(Case No. 22 dated 9.9.2014) , registered under section
120(B)/420/467/468/471 IPC and started
inquiry into it. After
few days , it was reported
in media that Crime Branch
has returned back all land to
Govt. khata. To understand the
kind of allegations and details of land
returned back to Govt. fold, two RTI
Applications dt. 19.9.14 and 31.12.14
was filed to the PIO, office of
Revenue and Disaster Management, Govt. of Odisha
seeking the following
information.
· Details of allegation made for
illegally occupying the Ghangapatna land under Khurda district.
· Name of the persons or institutions
or organizations who have illegally occupied land and quantity of land occupied
by them.
· Copy of documents which contain
about the land (quantity of land) returned back to Govt. and name of the institutions / persons from whose
land was returned back with quantity
of land following which the Govt. has
declared .
· Information about laws which were
followed by the Government to get the land returned back to Govt.
The
PIO forwarded both the RTI Applications to the PIO, office of Collector, Khurda which
was eventually forwarded
to the PIO, office of Tahasildar
, Bhubaneswar to supply the
information. On denial of
information by the PIO, office of Tahasildar, Bhubaneswar , Second Appeal
cases were filed in the
office of Odisha Information Commission which were registered
as SA Case No. 284/15 and SA Case
No. 1655/2015.
3. Hearing of SA
petitions by Sashi Prava Bindhani, SIC and
Mockery of Odisha
bureaucracy with tacit
support of Commission -
Very Interesting story
After
two years, the hearing of
both the Second Appeal
petitions SA No. 284/15
and SA No. 1655/2015 was started
by Mrs. Sashi Prava Bindhani,
Information Commissioner from 9.2.17. The
Commission heard the
case twelve times (
within period of one and half year ) on 9.2.2017, 14.7.2017, 16.8.2017, 8.9.2017,
3.10.2017, 29.1.2018, 9.2.2018,
16.4.2018, 15.5.18, 26.7.18, 6.9.2018 (
date of disposal). The reason behind fixing
so many dates for
hearing and disposal is that
though the Commission repeatedly issued
notice to the PIO, office of Tahasildar , Bhubaneswar, he /she
neither responded the Commission nor filed
any submission in respect
of compliance to RTI Application nor cared
to the Commission to appear in
the hearing. Then, Mrs. Bindhani
issued notice five times
to ADM, Khurda under
Odisha Information Commission (
appeal procedure) Rules, 2006 to conduct
an inquiry into it and sought
information from the PIO,
Tahasildar. Astonishingly, ADM
did not respond the Commission.
Mrs. Bindhani could
not do anything, though the
Commission has ample power
to take legal action against them.
It is also very
interesting to note here that the
PIO, office of Collector, Khurda
submitted to the Commission
that though office of
Collector issued direction 13 times
within period of one year from 5.5.2017
to 5.4.2018 to Tahasildar, Bhubaneswar to
provide information along
with copy marked
to Commission, the office
of Tahasildar simply continued
to ignore the
order of the Collector, Khurda. But blatant
and naked violation of order of
the Collector, Khurda by Tahasildar, the
Collector did not
take any action against him
but continued to send
reminder time and again
to provide information .
The
question may come to mind of readers how a mere
Tahasildar dared to
ignore order of the
Commission 10 times and order
of the Collector , Khurdha 13
times. The answer is very
simply. He was directed
from top not to supply
any information and continue
to ignore order of anybody. Nothing would happen
to him. As I am the appellant , I was closely monitoring
the attitude of Sashi Prava Bindhani innocently and
frequently attending the case
being pretty ware
about character of Sashi
Prava Bindhani that if she
gets opportunity finding absence of the appellant, she would
dispose the case
taking plea that “
the appellant is satisfied and no need
to pursue the case
further.” It happened
in this case which will be
presented later on.
4. Supply of information
by PIO, office of Tahasildar,
Bhubaneswar
After
one year of long silence not even producing any
response to repeated
notice the Commission, PIO , office of Tahasildar, Bhubaneswar supplied
the information on 8.2.18
and 9.5.18 which is
presented below.
a.
The original
case records have
been seized by the economic
Office wing of the Odisha
crime Branch in connection with
EOW Case No. 22
dated 9.9.2014. The PIO provided
complete seizure list prepared on 10.9.14 and 3.1.15. This list
does not contain any
information about name of the lease
holder against whom cancellation
of Land lease case
was filed.
b.
The PIO
supplied copy of the Khata No. 614 relating to Mouza : Ghangapatna indicating details of land
reverted back to the Government Khata .
c.
The PIO
mentioned that Since the
matter is under
investigation by the EOW,
Odisha Crime Branch,
difficulties have been experienced
to provide other information sought for. It
means investigation of Crime
branch is going
on since 5 years. In the name
of investigation, Crime
Branch has suppressed the scam
in order to protect land grabbers.
5. Counter-submission by the appellant
On 26.7.18., during hearing
of the case , the Commission was appraised
that the PIO
had supplied false, misleading and incomplete information. The Commission
directed the appellant ( Pradip Pradhan) to
submit discrepancy chart
point-wise. Discrepancy chart
was prepared immediately
and presented to the PIO
on the spot. The
details of chart is as
follows. The Commission directed the PIO
to supply the complete
and correct information.
|
Information sought for |
Information supplied by
PIO or
not |
|
Details of allegation made for illegally
occupying the Ghangapatna land under Khurda district. |
Not supplied |
|
Name of the persons or institutions or
organizations who have illegally occupied land and quantity of land occupied
by them. |
Not
supplied |
|
Copy of documents which contain about the
land (quantity of land) returned back to Govt. and name of the institutions / persons from whose
land was returned back with quantity
of land following which
the Govt. has declared . |
Misleading |
|
Information about laws which were followed by
the Government to get the land returned back to Govt. |
Supplied
by the PIO |
6. Fallacious order
of Commission – a Simple email changed
Couse of hearing leading to
abrupt disposal - Very Interesting phenomena
On 6.9.18,
Mrs. Sashi Prava Bindhani
heard the case . I was absent and the
PIO was also absent
in the hearing. In the
order of that day, the
Commission has mentioned that the
PIO has sent a letter through e-mail which
was taken on record. But the Commission has not mentioned
any thing content of the
said email which is related
to my case. Even
the Commission has not
supplied this copy
of email in response to RTI Application dt. 22.1.19 filed by
me seeking entire file
and documents of this case.
It is clearly apprehended that this email
influenced Mrs. Bindhani to close
the case. Mrs. Bindhani
started thinking how to close the case.
The Commission hatched conspiracy
putting allegation on appellant (
me ) that “ though
the appellant was
present on 26.7.18, he has neither submitted
any written memorandum nor
any discrepancy chart as per
direction of the Commission on
26.7.18” . In fact ,
On 26.7.18., I produced discrepancy chart to the PIO
and copy to the
Commission copy of which
has been supplied to me
by office of Information Commission to response of my RTI
query dated 22.1.19.
Though the Commission
disposed the case on 6.9.2018, but copy of the
order was sent to me
after five months on 25.1.19.
7. Present
Status of Ghangapatna Land Scam
a.
In the
name of Inquiry , Chief Minister
ensured suppression of investigation into Ghangapatna Land Scam
through Crime Branch. Five years
passed, Crime Branch held up inquiry to
protect land grabbers of
BJD.
b.
The office
of Tahasildar , Bhubaneswar refused
to divulge information on
the pretext that
the original documents
has been seized. This is false
statement. Tahasildar might have called for all information from Crime Branch and
supplied to me.
c.
The
Information Commission
should have ordered for
inquiry whether the Statement
of PIO about seizure
of orginal document by Crime Branch is
fact or false.
The Commission should have also ordered
Tahasildar to bring back all
documents from Crime Branch and supply
the same. As Mrs. Bindhani was instructed to
obstruct supply of
information, she closed
the case without
ensuring it.
d.
Though the PIO, office of Tahasildar, Bhubaneswar continued
to simply ignore the order
of the Commission for one and
half year causing a lot
of harassment to me, the
Commission did not
impose penalty on him
as required under section 20 (1) of the
RTI Act. Mrs. Bindhani’s
tacit support to
erring PIOs has encouraged them
to deny information repeatedly
to Information-seekers.
e.
Information
about Ghangapatna land scam still remains
mystery.
8. Conclusion
After
long fight of
five years to get piece
of information, I was denied
information by the PIO
which was facilitated by Mrs. Sashi Prava Bindhani,
Information Commissioner
which has been
constituted to protect RTI Act.
The PIO who
did not care to respond
Commission for one year was
made scot-free without
any penalty being imposed on him, though he deserves
to be penalized under
section 20(1) of the
RTI Act. We ,
the tax payers are
paying Rs. 2.5 lakh
per month to Sashi Prava Bindhani to
provide justice to appellant . This
is the justice she
provided to me after
5 years of
long finght to get information. Sashi Prava Bindhani is
not the Commission
to protect RTI
but to protect
corrupt bureaucrats.
Pradip Pradhan , Appellant and RTI
Activist, M-9937843482, Date- 26.3.19
114.
Public declaration by Chief Minister in 2016 seeking suggestion from the people
of Odisha to resolve Mahanadi Water Dispute issue was a flop show
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 high drama, I had
filed RTI Application dated
19.9.16 to the PIO, Dept. of Water Resources, Govt. of Odisha seeking 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.
· ii. Provide name of the
organizations who met Chief Minister
personally and presented their suggestions with date of their meeting.
· Provide name of the officials who
were in charge of compiling the suggestions given by different organizations.
· 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.
· Provide name of the officials who
prepared the documents for presentation by Chief Minister in tripartite
meeting.
· Provide copy of the documents which
was presented in tripartite meeting for discussion with Chhatisgarh Govt.
facilitated by Uma Bharati, Minister for Water resources.
· Provide information about details of
outcome of the tripartite meeting and copy of press release given by Chief
Minister.
· 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.
G.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.”
H.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.
I. Though RTI Application was forwarded to the
office of Chief Minister, Odisha dated 8.1.19 to supply the
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”, the office of Chief
Minister has not yet supplied the
information.
J.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.
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
115. Infants Death in
Tribal Districts of Odisha
Since
last few years, the State
Govt. has given top
priority for reduction of
infant in Odisha by
implementing series of
programme with investment
of huge money for
it. To understand progress of Govt. effort
in the field of
checking infant mortality
and result of huge investment, RTI Application was filed
to CDMOs of 10 tribal
districts in which child mortality rate
is very high. The PIOs of office of CDMOs of 5 districts have provided information in January, 2019.
Due to
my personal engagement in
other works, I could not put
this information in public domain.
The CDMOs of
Bolangir, Malkangiri, Kondhamal, Rayagada, Kalahandi have
not provided information.
Appeal procedure has been
followed to get the information which will be shared later
on. On 27.12.18., The information sought for
from office of Chief District
Medical Officers is as follows.
i. Provide information about no. of
infants died ( upto age of five years) in the district ( year-wise)
ii. Provide name of the programme implemented to infant mortality in the district.
iii. Provide total fund
utilized to check infant death in the district ( year-wise).
iv. Provide total fund
spent for Nutrition Rehabilitation centre ( NRC) ( year-wise)
The
information provided by the CDMOs
of the 5 districts
is as follows.
- Infant deaths in different
districts (from 2014-15 to 2018-19)
|
Year |
Total No. of infant and Child deaths
upto age of 05 years |
|||||||
|
Koraput |
Nuapara |
Rourkela Govt. Hospital |
Sundaragarh |
SDH, Banai |
Nabarangpur |
Mayurbhanj |
Kalahandi |
|
|
2014-15 |
1246 |
720 |
110 |
759 |
10 |
|
453 |
1333 |
|
2015-16 |
891 |
698 |
128 |
651 |
4 |
|
390 |
1224 |
|
2016-17 |
994 |
709 |
127 |
445 |
9 |
1238 |
1261 |
1146 |
|
2017-18 |
888 |
575 |
124 |
561 |
6 |
1161 |
1198 |
1090 |
|
2018-19 ( till Dec.18) |
1067 |
310 |
81 |
433 |
1 |
810 |
1040 |
898 |
2.
Name of the
programmes implemented to reduce
infant death in Odisha
|
Special New Born Care Unit ( SNCU) |
New Born Stabilisation Unit ( NBSU) |
|
Nutritional Rehabilitation Centre
( NRC) |
Village Health Nutrition Day ( VHND |
|
Home based New Born Care ( HBNC). |
IDCM |
|
JSSK ( Janani Sishu Surakhya
Karyakrama) |
Sampurna |
|
Lanour Room standardization |
NDD |
|
Immunisation |
New Born Care Corner ( NBCC) |
3. Expenditure for
Nutritional Rehabilitation Centre ( NRC) in different districts (
from 2014-15 to 2018-19)
|
Year |
Expenditure for NRC |
|||||
|
Koraput |
Nuapara |
Rourkela Govt. Hospital |
Mayurbhanj |
Nabarangpur |
Kalahandi |
|
|
2014-15 |
12,31,436.00 |
7,65,083.00 |
Total amount 4,63,899.00 |
10,60,000.00 |
N.A. |
Not provided by the PIO |
|
2015-16 |
13,61,797.00 |
3,36,710.00 |
10,01,000.00 |
N.A. |
||
|
2016-17 |
13,80,454.00 |
2,81,940.00 |
19,02,000.00 |
14,71,898.00 |
||
|
2017-18 |
12,15,822.00 |
4,31,598.00 |
19,01,000.00 |
15,93,795.00 |
||
|
2018-19 |
13,16,243.00 |
9,30,123.00 |
12,33,000.00 |
11,24,411.00 |
||
4. Details of fund
utilized under various programme for
checking infant death
is as follows.
|
Year |
Name od districts and total fund utilized ( in lakhs) |
|
||||
|
Koraput |
Nuapara
|
Sundargarh
|
Mayurbhanj
|
Nabarangpur
|
Kalahandi
|
|
|
2014-15 |
41.21 |
13.84 |
0 |
35.8 |
|
Not provided
by PIO |
|
2015-16 |
26.37 |
9.20 |
10,800.00 |
35.29 |
|
|
|
2016-17 |
24.54 |
11.34 |
41,000.00 |
19.02 |
211.05 |
|
|
2017-18 |
25.62 |
18.61 |
90,600.00 |
19.01 |
220.92 |
|
|
2018-19
|
22.75 |
19.49 |
87,400.00 |
12.33 |
448.29 |
|
Pradip
Pradhan, M-9937843482, Date- 28.5.19
116. Discovery
of another Mega Land Scam of KISS , Bhubaneswar
Much earlier,
we have brought
to the notice of the public
about Mega Land Scam
masterminded by Achyut Samant, founder
of KIIT and KISS, Bhubaneswar, a man having land grabbing mania and
habituated to adopt
different tricks to grab land
through fraudlent means. The
information extracted from CAG
report and obtained through
RTI has proved that
total 111.5 acres of
the precious land ( 82 Acres of land as per CAG Report + 18
acres of forest land + 11.5 acres of
GA plot ) has been acquired illegally and through causing irregularities in Chandaka Industrial area, Patia
and Pathargadia area by authority
of KISS and KIIT. Achyut Samant,
presently BJD MP has
masterminded this scam in
Bhubaneswar. Different tricks
adopted by Achyut Samant to grab land
is as follows.
1. First
grab Govt. land without informing Govt.
authority and after few years of acquiring land, letter is written to
concerned authority to lease
out same land in the
interest of tribal children. Sri
Samant has written such type
of letter several times to IDCO
to get the land. Though
illegal, IDCO has allotted a number
of plots to KIIT which
CAG has greatly
objected.
2. Huge precious forest land
is acquired by
KISS and KIIT and palatial building is constructed without
knowledge of Revenue Dept. and Forest Dept. Even
Achyut Samant does not care
to apply for diversion of
forest land for non-forest purpose. It
has been possible due to
nexus of
Achyut Samant with BJD leaders and State bureaucracy.
Even after NGT order, Still KISS
continues to acquire land
with tacit support from state
administration.
3. Most of
the KIIT and KISS building are
constructed without approval of BDA. Because the land
does not belong to KIIT and KISS.
4. Similarly, private plots
within vicinity of KIIT and KISS
are forcibly acquired
by the people
of Achyut Samant. They are
forced to sell
their to KIIT . If they disagree they are threatened
and beaten up by goons of Sri Samant. Many
learned citizens who have purchased land
are not allowed to enter into their
land by goons of Sri Samant.
Jagannath Temple constructed by Achyut Samant is
over the land of a retired
Professor who died
of heart stroke, as Sri Samant does not
allow him to construct house over
his land , adjacent to KIIT campus.
5. Despite Court
order, Achyut Samant does not
allow private people to construct house over their
own land due to his unholy
nexus with Odisha bureaucracy,
ruling class and police. That
conflict is quite visible
in Patia and Pathargadia area.
Recent discovery
of another land scam of KISS is
that as per information obtained from
office of DFO, Chandaka, KISS
authority has acquired another
4.032 ha. ( around 11 acres of land )
revenue forest land in Mouza –
Pathargadia ( Khata No. 2242) under
Bhubaneswar Tahasil. This land
has been acquired by Samant without
taking any permission or approval
from Govt. As per provision of Forest Conservation Act, any
diversion of forest land for
non-forest purpose requires
approval of Ministry of
environment and Forest , Govt. of India. Forest Dept.
has not handed over this land to KISS.
But KISS authority has been showing this
land as property of KISS
and used this land to
get deemed to be
University status for KISS.
Pradip Pradhan,
M-9937843482 , Date- 3.6.19
117. Huge Foreign Fund of Public of foreign
Countries for KIIT, KISS and KRCT
Earlier in many
times, I have pointed out
that KIIT ( Kalinga Institute of Industrial Technology) , KISS( Kalinga
Institute of Social Science) is
managed and funded by
public in form of Govt. fund
and foreign fund supported
by the people
of foreign countries. So, as it is
public fund, it must
be open for public scrutiny / public audit and these
Institutions must come under ambit
of RTI Act. So that utmost transparency
and accountability can be enforced in better management and greater
interest of tribal children. The
public has also right
to see how their fund
being properly utilized or not under RTI. But the
authority of KIIT and KISS has been
repeatedly denying the
information under RTI Act.
Finding
repeated denial of information from KISS and KIIT, RTI
Application was filed to the
CPIO, Ministry of Home affairs, Govt. of
India seeking information about details of
foreign fund received by KISS and KIIT from 2007-18 ( year-wise). At
first the CPIO denied to
provide the information. However,
after direction of Central Information Commission, the CPIO
has supplied the information on 12.6.19.
In the meantime, from the information supplied by the CPIO, it was discovered that
Sri Achyut Samant has another NGO
called Kalinga Relief and Charitable Trust ( KRCT) registered under FCR Act. Under KCRT, Tribal School was being managed and foreign fund was mobilized for
the school. But from 2014-15, KISS entered into
picture and foreign contribution was made to KISS.
The details of foreign fund contributed
to KISS, KIIT and KCRT is as follows.
|
Year |
KIIT ( FCR No. 104830213) |
KISS ( FCR No. 104830313) |
KRCT( FCR No.104830202) |
|
2007-08 |
84, 79,500.00 |
---- |
1,97,094.00 |
|
2008-09 |
51,31,570.00 |
---- |
---- |
|
2009-10 |
52,44,825.00 |
|
11,35,066.43 |
|
2010-11 |
1,40,55,797.00 |
---- |
1,96,070.72 |
|
2011-12 |
79,99,899.00 |
------------------- |
15,03,395.00 |
|
2012-13 |
9,91,742.00 |
--------------------- |
22,83,030.98 |
|
2013-14 |
27,02,346.00 |
--------------------- |
2,12,05,298.00 |
|
2014-15 |
14,12,242.00 |
1,15,95,190.85 |
31,22,366.00 |
|
2015-16 |
48,89,112.87 |
7,78,83,978.73 |
6,54,999.00 |
|
2016-17 |
15,29,803.00 |
1,09,93,811.04 |
-------------- |
|
2017-18 |
66,29,522.00 |
1,76,85,453.27 |
-------------------- |
|
Grand Total |
5,90,66,358.87 |
11,81,58,433.00 |
3,01,00,226.00 |
Pradip Pradhan, Date-15.6.21
118. Huge Illegal payments made to Bishnupada Sethy,
MIC from OSCB
Few Months back, I had filed
RTI application to the PIO, office of Odisha State Cooperative Bank,
Bhubaneswar seeking information about details of payments made to Sri
Bishnupada Sethy, Management-in-Charge of Odisha State Cooperative Bank. It was
additional charge to him, when he was secretary of Department of Cooperation,
Govt. of Odisha. The PIO denied to
supply the information on the ground of section 8(1)(j) ( personal
information) and section 11( third party
information). In fact, this information sought for does not quality to be
rejected, as the payments made to Sri Bishnupada Sethy is sanctioned from state
exchequer and public money. The PIO consciously kept this information
secret, as it would expose the illegal
payments made to Sri Sethy and financial irregularities. The people have
right to know how their money is being spent and how money is being utilized.
If there is any discrepancy or misappropriation, the people have right to file
complaints, as mandate of RTI Act is to contain corruption. However, the Second
Appeal petition is pending in the Commission for order.
Recently, I got a copy of Inspection Report of NABARD on Activities, functioning, financial
management of Odisha State Cooperative
Bank ( OSCB) along with note for departmental action submitted to Bank and State Government. NABARD has
made a thorough inspection of
OSCB as on 31st March,
2018 from 14th Feb. to 6th
March, 2019 under section 35(6) of Banking Regulation Act, 1949(As Applicable
to Cooperative Societies). In this Report, NABARD has categorically described
about objectionable payments made to Bishnupada Sethy, when he was not at all
the employee of OSCB.
Sri Bishnupada Sethy, IAS
Commissioner-cum-Secretary, Cooperation Department held the additional charge of OSCB as its
Management-in-Charge ( MIC) with effect
from 5th February, 2013. As per
statutory provision, in case of dissolution of management body of OSCB, the Registrar of Cooperative
Societies ( RCS), Govt. of Odisha will
be in charge of the Bank. But
why and who took the
decision to appoint Sri
Bishnupada Sethy as MIC replacing Registrar of Cooperative Societies needs to be enquired .
There were no policy or guidelines approved by RCS by which MIC would be
eligible for various benefits. However, it was observed that the Bank had reimbursed / paid book ( amounting to Rs. 10,000 per annum) , Electricity/
Energy Bill on actual basis , orderly
allowances ( at Rs. 3000 per month), and
above all Incentive ( staff Rule No.
54-A) payable to employees who are otherwise not eligible for Bonus
not exceeding 45 days salary. Incentive paid stood at Rs. 1,70,691 for
2013-14, Rs. 1,91,519 for 2014-15 and Rs. 65, 993 for 2015-16. Sri Sethy
not being staff member of the Bank as
per staff service Rules should not have
been paid the amount and all payments
constitute illegal. NABARD has recommended
to OSCB to review the payments.
During his tenure as MIC, he
had not got reimbursed medical bills
in three phases amounting to Rs. 9,46,071 towards hospitalization of wife and father. There
were recommendations from Government for
reimbursement in two phases on budget constraints with the Department concerned and in one case there was no
recommendation from Government.
NABARD has recommended
to OSCB and RCS to determine
the entitlements of MIC ,
President and Directors of the Board of the Bank to make the institution run on
the basis of rules , not discretion.
Pradip Pradhan, M-9937843482, Date-28.6.19
119. Fund for
Disaster response released by Central Govt. to Govt. of Odisha
RTI
Application was filed to the PIO, Ministry
of Home Affairs, Govt. of India seeking
information about details of fund
sanctioned to Govt. of Odisha
to deal “ Fani” disaster situation
in 2019 and details of
fund released under SDRF ( State
Disaster Response Fund ) and NDRF ( National Disaster Response Fund)
from 2014-15 to 2019-20. On 17.7.19.,
the PIO has
supplied the following
information.
A. In order to support to the affected people of Odisha,
the Govt. of India has released
assistance of Rs. 211.125 crores
from State Disaster Response Fund
and Rs. 788.875 crore from National Disaster Response Fund ( NDRF) to Govt. of
Odisha for management of relief
necessitated by cyclone ‘Fani” of 2019.
B.
The details
of assistance provided by Govt. of
India to Odisha
Govt. to meet
expenses for relief
operation during disaster
situation from 2014-15 t0 2019-20
is as follows.
|
Year |
Central share released under SDRF ( Rs. In crores ) |
Amount released under NDRF ( Rs. In crores) |
|
2014-15 |
356.99 |
0.00 |
|
2015-16 |
560.25 |
574.6925 |
|
2016-17 |
588.75 |
425.66 |
|
2017-18 |
618.00 |
0.00 |
|
2018-19 |
778.50 |
341.72 |
|
2019-20 ( till July) |
681.75 |
788.875 |
Pradip Pradhan , M-9937843482, Date-13.8.19
120. How Slogan “5T( TRANSPARENCY) – A Big Farce
in Odisha”
Presently 5T (Team Work,
Technology, Transparency, Transformation and Time Limit) is
much-hyped buzz word and media-driven propaganda in Odisha. This
word “5T” is coinised by Chief Minister to bring transparency and
transformational changes in the state. It
has become just
like Guru Mantra for state
machinery and its execution
has been given top priority by the
people at helm of affairs
of the administration. I doubt whether
Chief Minister can speak
about 5 minutes about
this 5T without written documents
prepared by bureaucrats. Many people close to Ruling party are
seen exhilarated publicly about
5T. I strongly
feel that this slogan “5T”
is calculatedly design by
pet bureaucrats of
Chief Minister to divert attention of the people
from real issues and deceive them.
I will herewith
deal about only “
Transparency” How it
is a big farce in Odisha.
Since 2005, as I have marked ,
while speaking and claiming his Govt.
as Transparent Govt., Chief Minister
has never uttered a single
word about RTI – A sun-shining law enacted to enforce
transparency and accountability in the administration across the country.
The country has been benefitted a lot from this law in respect of opening up the system
to the common people and transforming the administration from
a colonial, opaque and secretive system to a
system of transparency.
Odisha is the first
state in the country
which since beginning tries to
destroy this law
in Odisha by framing a
anti-people , illegitimate Odisha
RTI Rules, 2005 which
is ultra vires to Mother Act.
Introduction of arbitrary compulsory of
Application Form { violation
of section 6(1) of the RTI Act} and
rejection of application for information due to
failure to fill up
Form correctly is the
biggest impediments on the path of exercising power
to seek information by the common people. It has
been seen several times that the common people even the
educated urban people have
not been able to fill up
this eleven-column complicated
application without external advise. That’s why a major chunk of populace of rural
and tribal areas have not been
able to file RTI to access information. However, due to
constant and continuous campaign
on RTI by few
inspired RTI Activists and Civil
Society Groups, the
common people are
seen being able
to fill up the Application Form to demand for information.
Arbitrary provision of
collection of fees for information from BPL people { violation of
section 7(5) of the RTI Act } and demand for submission of
proof of citizenship at the
time of submission of RTI Application { violation of section
6(2) of the RTI Act) by
State RTI Rules has damaged
greatly prospect of RTI in
Odisha.
Coming back to discussion
about issues how the State Govt.
has systematically destroyed
prospect of transparent administration in Odisha, I herewith highlight few examples for reference of the
public.
1.
As
per section 4(1)(b) of the RTI
Act, Each Public Authority ( each
Govt. offices starting from
office of Governor
to Gram Panchayat office)
shall proactively ( voluntarily)
disclose 17 types of information
in Odia language in their website
and must be available
with PIO for inspection by the public
during their visit
to the office. As per
Rule-2(2) of Odisha RTI
(amendment) Rules, 2006, Each Public
Authority shall maintain a Register
for day-to-day record of the members of the public
who visit its offices in connection with accessing or inspecting
suo motto information proactively disclosed
by the said authority under
section 4 of the Act.
The 17 type of information
which needs to be proactively
disclosed by different authorities
are particulars of its organization, functions and duties, powers and duties of
its officers and employees,
procedure followed in decision-making
process, norms set by it for the discharge of its function, a directory of officers and employees, manner of execution of subsidy programme, name and
designation of public information
officer, particulars of recipient of concession and permits etc. At the
primary stage, the State
Govt. under Nabin Patnaik, Chief
Minister tried to make
this fantastic provision non-operational.
2.
After a
lot of
protests by RTI Activists
and intervention of the Information Commission, the
Chief secretary invited
a high- level meeting of Secretaries of all
Departments on 15.5.2009 to reveiew
implementation of section 4 of the RTI Act. In this meeting
it was decided
to develop a softwire for webhosting all the
proactively disclosed information. All the Public authorities were
requested to update their
information as per template and complete
the process of disclosure
of information by 31st May, 2009. The I and PR
Department , Nodal Department for
RTI engaged a Nodal
officer to monitor
implementation of section 4 of the RTI Act by all the
Departments.
3.
In 2009, the
State Govt. developed a fantastic
website ( rtiorissa.gov.in which has been changed as www.rtiodisha.in for disclosure
of all section 4-related information of all department and subordinate offices
of the state. At primary stage , 17 types of proactively
disclosed information of so many
offices was uploaded
in this website. The
State Govt. got award
for this fantastic website at
national level which was greatly
highlighted in media.
4.
But
after two to three years, this
website became garbage
with dissemination of outdated
information. As per
section of 4 of the RTI Act, this
17-types of information is required
to be updated by each
office in every year. The website
was kept idle for
years together till today.
5.
To find
out the
commitment of State Govt. to enforce
transparency in administration, this
website ( www.rtiodisha.in) was searched/ inspected the
updated information of various
departments. It was
observed horrible and
outdated information are
exhibited in link of almost all
offices. Not a single
information of any department
and subordinate offices
have been completely updated upto 2019.
Few examples are cited here
for better understanding
of the readers.
·
Information about department of Parliamentary
Affairs is seen
updated upto 2014. Most of the information are useless.
·
Information about 17 types of
disclosed information of
office of Governor, Odisha has not
been updated from 2017.
·
Information about 17 types of
disclosed information of
Odisha Legislative Assembly has not
been updated from 2013.
·
Information
about Department of
Food Supply and
Consumer Wlfare has
not been updated since
2017 ( in some case)
and 2018 ( in other cases).
·
Information of Odisha State
AIDS Control Society is
not updated from 2012.
·
Information about Odisha
State Cooperative Bank
was completely Nil
and Blank.
·
Information of
State Social Welfare Board
is not updated since 2009.
·
Many
important information of Women
and Child Development
is not updated
from 2016. Information about
Budget of the Dept. is
available upto 20008-09.
·
No
information about Kalimela
Tahasil of Malkangiri
district is available. But it
is written updated till 2018.
·
Most of
the information of Collectorate, Malkangiri is
updated upto May, 2019.
·
Information of
Odisha Mining Corporation is
not updated since
2016. No information about budget available.
·
Information of
Department of Agriculture and farmers’ Empowerment is
not updated FROM 2017. Sri
Gagan Dhal is still APC.
Budget for the
Dept. is available upto 2008-09.
·
Information of
State Commission for Women
is updated upto 2014.
6. As per
section 4(4) of the RTI Act,
all proactively disclosed
information should be available
in Odia language. As per
information obtained under RTI,
the I and PR Department, Nodal Dept.
has written series of letters
to all Department
to update their
proactive disclosed
information in Odia language. But
astonishingly, no step has been
taken by any department
to disseminate this RTI information in Odia language.
At the same
time, the State Govt.
has amended Odia
Language Act and
issued direction for introduction
of odia language in all official
correspondence. But nothing has happened till yet.
7. Despite order of High Court, Odisha Information Commission never gives its
decisions in Odia language. It is still in English. The illiterate
people face a lot of difficulties to understand
the English-written decision of
the commission.
Pradip Pradhan , M-9937843482 , Date-31.8.19
121. Huge amount Paid
to Media for Govt. sponsored advertisement
To give better clarity
to readers how this Govt. survives on systematic managed media
propaganda glorifying Nabin Patnaik, Chief Minister , Odisha and highlighting his scheme and programme like Kalia Yojana, Biju Swasthya Kalyan
Yojana, PEETHA Yojana, Biju BAHINI, Biju Pucca Gruha Yojana ( all Fake
and false schemes), RTI Application was
filed to the PIO, Dept. of
Information and Public Relation seeking
details of budget and expenditure for advertisement
published in media of three
years . The objective was to give
3 years analysis of budgetary allocation and expenses for advertisement. Forget whether
the state or the people
has been benefitted, but
Media house been greatly benefitted by
Govt. sponsored media campaign about
Nabin patnaik Govt. which
has misled the people
to some extent. The Details of
information provided by the PIO
dated 19.12.19 is as follows.
Total Budget earmarked
by Govt. of Odisha for advertisement
of Govt. programme
(
In lakhs)
|
|
Budget
Provision 2017-18 |
Expenditure
2017-18 |
Budget
Provision 2018-19 |
Expenditure
2018-19 |
Budget
Provision 2019-20 |
Expenditure
2019-20
( as on 31.10.19 |
|
Advertisement
Electronics
Media |
11,97,00 |
11,68,74 |
100,00,00 |
99,75,88 |
11,28,00 |
9,33,21 |
|
Advertisement
Print
Media |
30,97,58 |
30,06,58 |
126,85,00 |
126,13,25
|
25,00,00 |
14,80,42 |
|
Total |
42,94,58 |
41,75,32 |
226,85,00 |
225,89,13 |
36,28,00 |
24,13,63 |
Major advertisement support
given to Print Media
(
In Rs. )
|
Year |
Dharitri
|
Prameya |
Samaj |
Sambad |
|
2017-18 |
1,71,97,353.00 |
98,41,328.00 |
1,66,60,172.00 |
2,33,43,568.00 |
|
2018-19 |
4,57,72,772.00 |
4,46,40,507.00 |
4,94,73,769.00 |
5,90,83,354.00 |
|
2019-20
( Till Nov.) |
3,08,11,768.00 |
2,87,76,460.00 |
21,96,26,313.00 |
3,49,13,828.00 |
|
Total |
9,37,81,893.00 |
8,32,58,295.00 |
28,57,60,254.00 |
11,73,40,750.00 |
|
Grand
Total |
58,01,41,192.00 |
|||
Details of fund
disbursed to Electronics Media
for telecast of different Govt.
programme by Govt. of Odisha
(
Amount in Rs.)
|
Sl.No |
Name of the Electronics Media |
2017-18 |
2018-19 |
2019-20 Dec.15 |
|
1 |
O TV |
87,23,025.00 |
|
|
|
2 |
Kanak TV |
66,06,350.00 |
5,17,90,885.00 |
92,89,716.00 |
|
3 |
News 7 |
68,89,561.00 |
5,15,69,198.00 |
1,13,45,550.00 |
|
4 |
Kalinga TV |
65,33,243.00 |
6,18,36,815.00 |
1,22,73,541.00 |
|
5 |
MBC TV |
59,19,349.00 |
5,73,66,810.00 |
97,79,477.00 |
|
6 |
ETV News Odisha / News 18 Odia |
66,71,954.00 |
4,67,24,173.00 |
1,10,32,626.00 |
|
7 |
News World Odisha |
70,53,139.00 |
5,73,70,354.00 |
1,30,93,924.00 |
|
8 |
Kamayab TV |
55,44,402.00 |
71,90,363.00 |
|
|
9 |
Zee Kalinga TV /Z Odisha |
53,38,770.00 |
11,06,05,776.00 |
70,02,359.00 |
|
10 |
Naxatra TV |
71,85,743.00 |
77,14,729.00 |
|
|
11 |
DDK |
43,06,250.00 |
1,24,61,429.00 |
79,94,517.00 |
|
12 |
Sarthak |
70,42,907.00 |
2,96,18,839.00 |
19,24,167.00 |
|
13 |
Colors Odia |
26,78,116.00 |
2,14,19,657.00 |
18,41,826.00 |
|
14 |
India TV |
8,42,697.00 |
|
|
|
15 |
Aaj Tak |
13,80,600.00 |
30,50,890.00 |
7,36,320.00 |
|
16 |
Times Now |
14,01,840.00 |
1,87,65,540.00 |
8,09,952.00 |
|
17 |
AIR, CTC |
62,07,292.00 |
2,70,23,679.00 |
40,52,773.00 |
|
18 |
Radio Chocolate |
5,29,962.00 |
12,19,177.00 |
1,57,884.00 |
|
19 |
BIG FM |
5,25,170.00 |
12,31,124.00 |
2,88,156.00 |
|
20 |
Red FM |
4,91,689.00 |
10,05,519.00 |
2,64,154.00 |
|
21 |
Vodafone |
50,39,594.00 |
|
|
|
22 |
Tarang TV |
|
44,30,436.00 |
|
|
23 |
Alankar TV |
|
19,57,971.00 |
|
|
24 |
Sadhana TV |
|
3,35,100.00 |
|
|
25 |
Prathana TV |
|
14,44,724.00 |
|
|
26 |
NDTV |
|
3,36,98,735.00 |
2,62,668.00 |
|
27 |
CNN News 18 |
|
44,66,300.00 |
4,24,800.00 |
|
28 |
India Today |
|
19,81,220.00 |
6,44,280.00 |
|
29 |
News X |
|
9,79,400.00 |
|
|
30 |
ABP News |
|
43,89,600.00 |
|
|
31 |
Zee News |
|
3,11,520.00 |
|
|
32 |
News 18 India |
|
29,50,000.00 |
|
|
33 |
NDTV India |
|
15,72,468.00 |
1,01,704.00 |
|
|
|
9,69,11,653.00 |
62,64,82,431.00 |
9,33,20,394.00 |
Pradip Pradhan, M-9937843482, Date-21.12.19
122. 5 Crore Scam in Jajpur
Tahasil under Jajpur district (Lokayukta Case No. LY-371/19)
On 9.10.19.,
Lokayukta issued notice
to Director, State Vigilance
seeking report about
status of investigation into allegation of
corruption and misappropriation
of Rs. 5 crore ( Rs.
5,00,00,000) by officials in Jajpur
Tahasil under Jajpur district. Though State Vigilance
registered a case File No. 05
dated 20.1.2018 on complaint of misappropriation of huge revenue by the
officials of Jajpur Tahail, no
legal action has been taken against
any officials, though more
than one and half year passed. Chairman,
Lokayukta has fixed date 18.11.19 for
hearing of the case.
Sri Sarbeswar Behuria,
RTI Activist had filed a
complaint in the office of Lokayukta, Odisha seeking inquiry into
misappropriation of Rs. 5 crore
by officials of Jajpur Tahasil. He
had alleged that though
State Vigilance registered
vigilance case on 20.1.18.
against officials, but remained
silence more than
one year.
Case
History
on 25.7.2019., Sarbeswar filed RTI Application to the PIO, office of Collector, jajpur seeking copy of the Special Audit Report of
Audit Team of Board of Revenue, Odisha . On 10.9.19, the PIO,
office of Collectorate, Jajpur supplied
the copy of Audit
Report. While going through
the report, it was observed that as per the Board’s memo No.
206 /Aud. Dt. 2.4.16., Special
audit team of Board of Revenue conducted audit on
misappropriation of Govt. fund in Jajpur
Tahasil within period of 1.4.2006 to 5.4.2016. Audit was
conducted from 5.4.16 to 31.8.17.
The Special Audit Report No. 02/2017-2018 submitted to Govt.
has made detailed
description of how
around Rs. 5 crore has been misappropriated by a bunch
of Govt. official of Jajpur Tahasil
starting from Tahasildar to Head
Clerck, Nazir and many others.
The Audit
had strongly recommended for departmental
proceedings and /or
prosecution at the earliest moment under OCS (CAA &A) Rules,
1962/OCS (PENSION) Rules, 1992 on the basis
of audit paras. Inquiry by State
Vigilance was suppressed
for the reasons best
known to Inquiry
office of Directorate of State
Vigilance, Cuttack.
It was
found from a letter
dt. 30.7.19. of SP, Vigialnce, Cuttack
addressed to the
Collector, Jajpur district that during
the financial year 2015-16, Sri Laxmikanta Mishra, OAS the then Tahasildar , Jajpur with
ulterior motive conspired with Sri Rajat Kumar Routray, the
then Nazir of his
office transferred land acquisition compensation amount of Rs. 5
crore , Rs. 51, 42, 565/- &
Rs. 18,61,549/- from DDO account
to the tahasil SB Account instead
of land acquisition account. Subsequently, Sri Mishra issued
self cheques to Sri Rajat Kumar
Routray , though he was transferred from Tahasil office and the
amounts were credited to personal account of Sri
Routray. After detection of such illegal act, Sri Routray, Ex-Nazir submitted
cheques for aforesaid received
amount in the Tahasil office.
On the allegation of
mutual conspiracy, falsification of official
records and misappropriation of Government Fund
of Rs. 34, 65,237/- , Cuttack
Vigilance P S Case No. 19 dt. 18.7.19 u/s 13 (1) (c ) (d) of
P.C. Act , 1988 / 409/477-A/120-B
IPC dt. 18.7.2019 has been
registered for detailed
investigation.
Details of
Money misappropriated as
follows
|
Sl.No. |
Name of Officer/ Head Clerck/ Nazir involved |
Designation |
Amount |
|
1 |
Bijay Kumar
Khandayatray, OAS |
Ex-Tahasildar ,
Jajpur |
Rs. 8,65,769.00 |
|
2 |
Sudhansu Sekhar Nayak, OAS |
Ex-Tahasildar ,
Jajpur |
Rs. 1,98,256.00 |
|
3 |
Kumarbar Nayak, OAS |
Ex-Tahasildar,
Jajpur |
Rs. 14,41,833.00 |
|
4 |
Manas Ranjan Samal |
Ex-Tahasildar,
Jajpur |
Rs. 27, 08,160.00 |
|
5 |
Gourahari Behera,
OAS |
Ex-Tahasildar,
Jajpur |
Rs. 1,12,98,564.00 |
|
6 |
Mamata Barik, OAS |
Ex-Tahasildar,
Jajpur |
Rs. 2,80,78,174.00 |
|
7 |
Laxmikant Mishra,
OAS |
Ex-Tahasildar,
Jajpur |
Rs. 47,67,405.00 |
|
8 |
Mamata Barik, OAS |
Ex-Tahasildar,
Jajpur |
Rs. 86,665.00 |
|
9 |
Bhmsen Das |
Ex-Head Clerck, |
Rs. 3080.00 |
|
10 |
Niranjan Das |
DO |
Cash Book Not
analysed |
|
11 |
Dibyasingh Otta |
Ex-Head Clerck |
Rs. 8,48,989.00 |
|
12 |
Rabindranath Pati |
DO |
Rs. 43,61,949.00 |
|
13 |
Sarat Ch. Barik |
Ex-I/C Head Clerck |
Rs. 13,60,716.00 |
|
14 |
Natabar Pati |
Ex-Head Clerck |
Rs. 2,75,845 .00 |
|
15 |
Ajay Kumar Sahoo |
DO |
Rs. 3,76,61,076.00 |
|
16 |
Rajanikant Sahoo |
DO |
Rs. 14,34,899.00 |
|
17 |
Debi Prasanna Dhal |
DO |
Rs. 34,98,272.00 |
|
18 |
Rajat Kumar Routray Sr. Clerck |
Ex-Nazir |
Rs. 4, 47,14,457.00 |
|
19 |
Sarat Ch. Barik Sr.
Clerck |
DO |
Rs. 47,06,849.00 |
|
20 |
Prasant Kumar Nayak,
Sr. Clerck |
DO |
Rs. 14,125 .00 ( recovered) |
|
21 |
Dasarath Das, Sr.
Clerck |
Ex-Record Keeper |
Rs. 9195.00 (
recovered) |
|
|
|
|
|
Pradip
Pradhan, M-9937843482, Date- 16.11.19
123. Lackadaisical
attitude and False promise of Chief Minister to revive Baragarh Sugar Mill
On 21.2.2019., while addressing farmers in a public meeting organized
on “Kalia Yojana” ( a fraud scheme and almost going
to be closed was made to woo the farmers for
vote prior to general election ) at Sohela of Baragarh
district, the Chief Minister declared
a special package Rs. 11
crore for revival
of Sugar Mill. It created
jubilation among the ill-paid employees of the Mill
who had been demanding for payment
of pending salary
of 21 months and staging
demonstration in front of assembly.
Out of curiosity to
understand execution of
declaration of Chief Minister by
officials, RTI Application dt. 18.10.19 was filed to Department
of Cooperation, Govt. of
Odisha which was eventually transferred to
the office of Registrar of Cooperative Societies, Odisha seeking information about details of
employees of Baragarh Sugar Mill, special package amount sanctioned by Chief Minister for
revival of Mill, details of
revival plan of State Govt.
On 8.12.19., the PIO
supplied the following
information.
a.
There are
203 employees ( both regular and contractual ) working
in Sugar Mill.
b.
The Mill
is presently running with loss
of Rs. 46.88 crores.
c.
Not a
single pie has been sanctioned by Chief Minister under
Special Package for revival of sugar mill as declared in Kalia samabesh at sohela on 21.2.2019.
d.
In 2016,
the State Govt. has engaged N.S.I., Kanpur to suggest
for revival of Sugar Mill.
This Institute has suggested
to constitute Ancillary Unit required
to revive the Mill. Though 3
years have , the State Govt. is yet
to take any steps to revive
it.
It shows
how the farmers
and employees of Sugar Mill
are betrayed and cheated
by State Govt. Earlier, the
State Govt. has closed down
Baragarh Spinning Mill now
has conspired to close down
Sugar Mill against
the interest of the
farmers. But astonishingly,
these farmers caste
their vote to Nabin Patnaik ,
Chief Minister to come to power time and again.
As I understand, Baragarh
Cooperative Sugar Mill is premier sugar
mill in western Odisha. It was
established with mission to improve social and economic standard of sugarcane
growers of the western Odisha region. Due to corruption and mismanagement, this
Sugar Mill is almost defunct. The sugarcane growers and employees depending
on sugar mill are almost in starving condition.
Pradip Pradhan, M-9937843482 , Date- 16.12.19
124. Office of Chief Minister, Odisha – Far From
Transparency & 5T
The Day Chief Minister
spoke about 5T in Media
Conference, we had said
it another big hoax of
this Govt. 5T is
a media buzz word, media managed
Propaganda with full
of malicious deception. We have
pointed out several times
in public platform that it is
another design to deceive the people of
Odisha .
1.
Firstly,
To explore what is 5T, RTI Application dt. 8.11.19 was filed
to the Department of General Administration and
Public Grievances , Govt. of Odisha
seeking information about Photocopy of Decisions taken with file noting about
opening Department of 5T and appointment of Sri V.K.Pandian as Secretary of 5T
along with order of Chief Minister, copy
of cabinet approval for opening
of new Dept. , 5T.. The PIO provided two copies of notesheet and notification about 5T. In NOTE SHEET, it
is mentioned that “ Shri V.K.Pandia , IAS , Private
Secretary to Chief Minister will also be Secretary to Chief Minister 5Ts
Transformation Initiatives”.
In the NOTIFICATION dt. 28th August , 2019 No. GAD
–SER1-IAS-0035-2015-24157/AIS.1. Shri V. Karthikeya Pandian, IAS (
RR-2000) at present Private Secretary to
Chief Minister , Odisha is allowed to
remain in additional charge of Secretary
to Chief Minister-Transformation Initiatives ( 5T) in addition to his own duties. So, 5T
is neither a Department
nor any cabinet decision
taken in this regard. It
is an initiative. It is just media hyped
propaganda to divert attention of
the people from real issues affecting
them. The people must reject it.
2.
Secondly, in the
month of June, 2019, Chief Minister, Odisha declared
that he would monitor performance
of Ministers and asked each Minister
to produce their Monthly progress Report. RTI Application was filed
to the office of Chief Minister,
Odisha , Dept. of Parliamentary Affairs, Govt. of Odisha
seeking copy of
Monthly Performance Report
submitted to Chief Minister. On
7.8.19., the PIO, office of
Chief Minister vide letter No. 2514/CM dt. 7.8.2019 intimated that “No such Report as required
is available in the office of
Chief Minister.” However, to
examine whether the Ministers
have submitted their Monthly performance report to Chief Minister, RTI Application was submitted to the office of 8 Ministers seeking
copy of the forwarding letter of Minister in which they
have submitted their monthly
report to the Chief Minister. The Response of the office of
Minsiters is as follows. ( the office of All
the Ministers except Ranendra Pratap Swain , Minister
for Food supply & CW responded
one and similar kind of
information, as if they
have all responded after
taking each other.
A.
On
14.11.19., The office of the Minister
for Women and Child Development, Govt. of Odisha responded that “ the
information as in the manner
requested by you in your
application is not
available”.
B.
On
13.11.19., The office of the Minister for
Panchayat Raj & Drinking Water , Law, Housing & Urban
Development said that “ the
information as in the manner
requested by you in your application is not available in this office”.
C.
On
25.10.19., The office of the Minister for Forest & Environment,
Parliamentary Affairs, Odisha asked to
deposit Rs. 46.00 towards cost
of information. When the cost of information through M.O. was
deposited , it was returned back. Later on, on 15.11.19., the PIO
wrote a letter stating
that the previous letter was issued inadvertently. He responded in same way that “information,
as in the manner requested by you in your above application, is not available
in this office
D.
On
13.11.19., the office of the Minister for Finance &
Excis, Odisha responded in similar manner that “ the
information as in the manner
requested by you in your
application, is not available in this office”.
E.
On
17.10.19., the office of Minister of
State ( Independent Charge) Electronics
& Information Technology , Sports & Youth Services, Odisha transferred
RTI Application to the
Dept. of Sports & Youth Services
and Dept. of Electronics & Information Technology to provide
information. Though two months
passed, the PIOs of these Departments
have not supplied any kind of
information.
F.
But the
response of Sri Ranendra Pratap Swain, Minister for Food Supplies & Consumer Welfare,
Cooperation, Odisha is more
interesting and praise worthy. On 13.11.19., his
office has sent copies
of 5 forwarding letters addressed
to Chief Minister in which he
has sent his Monthly Performance Report. One of
letter of the Minister
addressed to Chief Minister is presented
herewith for better understanding.
“ With
reference to the UOI No. 74/CM dated 4.6.2019, I am to
submit herewith the one page report each on the work done during the last month
with special focus on the Manifesto to priorities
in respect of Food supplies and
Consumer Welfare Department as well as
Cooperation.”
On 6.9.19, Content of the letter of the
Minister is as follows.
“ I am submitting herewith the progress
of implementation of 5T and
progress report for the month of August, 2019 on the priority
areas of Government in respect of Food supplies & Consumer Welfare
Department and Cooperation
Department and tours and inspection conducted
during the said month for kind information”.
It
is concluded that either
the Ministers have produced
the report and kept in confidence or report has never been
produced to Chief Minister.
3. Thirdly,
just after 3 months of assuming
office of Chief Minister for 5th term, Nabin Patnaik
addressed press conference reading papers
about dismissal of
officers and employees and withholding pension of retired officers on corruption charges. Both Print and
electronic Media made a front-paper news
with applause terming it as “ Operation Clean”.
Having
gone through the news , RTI
Application dated 3.9.19. was submitted
to the Office of Chief Minister, Odisha, Dept. of GA& PG
seeking information about copy
of papers which
Chief Minister read out in
Press Conference and copy
of all documents on the basis
which he dismissed the
officers. On 5.11.19., the PIO,
office of Chief Minister responded that “
No such information is available
in the Chief Minister’s
Office”.
On 3.9.19,
RTI Application was filed to Dept. of GA & PG seeking the same
information about details of
decision taken for dismissal of officers and employees . on 6.9.19., The GA Department transferred RTI Application to the PIO, Dept. of Parliamentary Affairs,
office of Chief Minister and
Director, Vigilance to
provide information. On 16.9.19, the office
of State Vigilance responded
that they are exempted from disclosure under RTI Act
as per Govt. notification No.
8081-RTI-74/2016-IPR dated 11.8.2016. On 1.10.19, the PIO, Dept. of
Parliamentary Affairs transferred RTI
Application to the PIO, office of Chief Minister, Odisha to provide
information, as it closely relates to your office. Despite two RTI Applications being forwarded to Chief Minister’s office, the said
office did not
care to respond under RTI Act, even two months passed.
It is astonishing
that When the Chief Minister Speaks
of transparency and
addressed press meet about plan and programme of his Govt, but his
office does not
disclose any information under RTI Act, the sun-shining law enacted to enforce
transparency in the
administration.
4.The
website of Chief Minister, Odisha (https://cm.odisha.gov.in/) does
not have
any information disclosed under
section 4(1)(b) of the RTI Act which is
mandatory for all
public authorities. As a Public Authority , it must
declare names of PIO and First Appellate Authority
in their website
and other related information in
Odia. The Dept. of I and PR, nodal Dept.
for RTI has made
several circulars to all Dept. and offices to
comply section 4 ( 1) (b) of RTI Act
in Odia language. But the CM office
has done nothing .
Pradip Pradhan, M-9937843482, Date-
26.12.19
125. Payments made towards Claim
Settlement of Hospitals for treatment of
People covered under Biju Krushak Kalyan Yojana ( BKKY ) in Odisha
RTI Application was filed to the PIO, Directorate of Agriculture and Food Production, Govt. of
Odisha about total
of no. of Beneficiaries
covered under Biju Krushak Kalyan
Yojana (BKKY) and details of
payments made to the Private
Hospitals for providing treatment to BKKY card holders. The
PIO supplied the
information in the month of December, 2019. The
details of information is as
follows.
1.
Under this
scheme, each farming
Household has been provided BKKY
card to get free treatment in any
hospital upto Rs. 1 lakh.
This is a type of Insurance
scheme with premium amount
of all the beneficiaries being
deposited by Govt. During 2018-19 and 2019-20, the State Govt. has deposited Rs. 60,69,10,552.00 and Rs. 35,03,09,242.00
respectively.
2.
The following Insurance Agencies were entrusted for preparation of Card and enrolment of beneficiaries of BKKY and Premium amount paid
to each agency.
|
Sl. No. |
Name of Insurance Company |
Division |
2018-19 |
2019-20 |
|
1 |
Reliance General
Insurance Co. Ltd. |
Northern Central |
18,98,49,341 |
6,59,19,202 |
|
2 |
National Insurance
Co. Limited |
Central |
15,65,29,296 |
17,60,95,460 |
|
3 |
The New India
Assurance Co. Ltd. |
Southern |
9,62,61,851 |
10,82,94,580 |
|
4 |
IFFCO-TOKIO General
Insurance Co. Ltd. |
Northern Southern |
16,42,70,064 |
0 |
|
|
Total |
|
60,69,10,552 |
35,03,09,242 |
3.Number of Beneficiary Families enrolled under BKKY Stream-I and
Stream-II in Odisha
|
Sl.No |
District
|
BKKY
Stream-I |
BKKY
Stream-II |
Total |
|
1 |
Angul |
96719 |
123645 |
220364 |
|
2 |
Bolangir
|
104027 |
208041 |
312068 |
|
3 |
Baragarh
|
125442 |
158518 |
283960 |
|
4 |
Deogarh |
11425 |
40633 |
52058 |
|
5 |
Dhenkanal |
78941 |
136562 |
215503 |
|
6 |
Jharsuguda |
24770 |
44266 |
69036 |
|
7 |
Keonjhar |
81810 |
211132 |
292942 |
|
8 |
Sambalpur
|
47642 |
115496 |
163138 |
|
9 |
Subarnapur
|
41497 |
77826 |
119323 |
|
10 |
Sundargarh
|
82403 |
195624 |
278027 |
|
11 |
Balasore |
156426 |
185621 |
342047 |
|
12 |
Bhadrak |
113552 |
120513 |
234065 |
|
13 |
Cuttack |
194383 |
169821 |
364204 |
|
14 |
Jajpur |
143296 |
190737 |
334033 |
|
15 |
Jagatsingh
Pur |
114761 |
79928 |
194689 |
|
16 |
Kendrapara |
129380 |
138796 |
268176 |
|
17 |
Khurda |
112422 |
141241 |
253663 |
|
18 |
Mayurbhanj |
97607 |
364339 |
461946 |
|
19 |
Nayagarh |
22643 |
110772 |
133415 |
|
20 |
Puri |
101358 |
190620 |
291978 |
|
21 |
Boudh |
24606 |
69404 |
94010 |
|
22 |
Gajapati |
40918 |
75081 |
115999 |
|
23 |
Ganjam |
258820 |
299406 |
558226 |
|
24 |
Kalahandi |
27233 |
137864 |
165097 |
|
25 |
Kandhamal |
27233 |
137864 |
165097 |
|
26 |
Koraput |
34795 |
213231 |
248026 |
|
27 |
Malkangiri |
10986 |
111999 |
122985 |
|
28 |
Nawarangpur |
94063 |
123867 |
217930 |
|
29 |
Nuapara |
25634 |
73601 |
99235 |
|
30 |
Rayagada |
46110 |
135791 |
181901 |
|
|
Grand
Total |
2561602 |
4408070 |
6969672 |
4.
Amount paid towards Claim Settlement of Hospitals under Biju Krushak Kalyan
Yojana
|
Sl.No |
District
|
2018-19
( In Rs.) |
2019-20
( In Rs.) |
|
1 |
Angul |
16086655
|
9972000 |
|
2 |
Bolangir
|
13934854
|
5931375 |
|
3 |
Baragarh
|
25370475
|
16257550 |
|
4 |
Deogarh |
2483370 |
1125850 |
|
5 |
Dhenkanal
|
16181981 |
9093200 |
|
6 |
Jharsuguda
|
|
|
|
7 |
Kendujhar
|
|
|
|
8 |
Sambalpur |
|
|
|
9 |
Sonepur |
10152300 |
6055450 |
|
10 |
Sundargarh |
19777375 |
11716200 |
|
11 |
Balasore
|
35858695 |
20390100 |
|
12 |
Bhadrak |
50207656 |
20569342 |
|
13 |
Cuttack |
57033377 |
25858761 |
|
14 |
Jagatsingh
Pur |
33564624 |
18133920 |
|
15 |
Jajpur |
33722062 |
16962430 |
|
16 |
Kendrapara |
29234786 |
13451207 |
|
17 |
Khorda |
32554345 |
185549934 |
|
18 |
Mayurbhanj |
19517552 |
8820510 |
|
19 |
Nayagarh |
8082475 |
3437100 |
|
20 |
Puri |
33745090 |
15932973 |
|
21 |
Boudh |
4351575 |
1925800 |
|
22 |
Gajapati |
2996900 |
781050 |
|
23 |
Ganjam |
80712750 |
38688820 |
|
24 |
Kalahandi |
6513450 |
2294700 |
|
25 |
Kandhamal |
3701236 |
1777650 |
|
26 |
Koraput |
7028204 |
1580050 |
|
27 |
Malkangiri |
3269850 |
708300 |
|
28 |
Nabarangpur |
10842250 |
3221550 |
|
29 |
Nuapada |
1208300 |
471550 |
|
30 |
Rayagada |
4223150 |
1264200 |
|
|
Grand
Total |
58,92,52,502 |
29,21,77,797 |
Pradip Pradhan, M-9937843482, Date- 18.5.20
126. Bureaucrats use Public Money on
their Whims and Fancies
At a stretch OSDMA released Rs.2.5 Crore to IIT, Bombay for
land slide Study without signing any
MOU or accepting any detailed Proposal
On dated 11.3.20., RTI Application was submitted to the
PIO , office of OSDMA ( Odisha State
Disaster Management Authority), Bhubaneswar seeking the
following information.
i. Copy
of all correspondence made
with IIT, Bombay while
assigning study on Landslides in Gajapati in pre and post-assignment period.
ii.
Copy of
the file noting
with regard to
decision taken for assigning IIT, Bombay the
said study
iii.
Provide copy of decision taken / Order including
file noting for release
of advance amount Rs. 2.5
crore with date of release.
iv.
Copy of
Review, if any made at OSDMA
level about progress
or completion of
the study during
period of present MD, OSDMA
On 19.5.20, the PIO
supplied the information
which are as follows.
1. From
the file
noting , it was found that the Chief Minister, during his
visit to the cyclone Titli affected
area in October 2018 had expressed his deep
concern for landslide event in
Gajapati district. He had declared that
vulnerability mapping of hilltop
villages would be done and shelter houses
to be provided to the community , wherever required.
2. The State
Executive Committee ( SEC) headed by the
Chief Secretary, in its 3rd meeting for 2018-19 held on 22.10.18
approved the landslide
vulnerability mapping by OSDMA for which necessary fund would be provided from
SDRF ( State Disaster Response Fund).
3. Without
inviting any tender or Expression of Interest, Shri Bishnupada Sethy, the then Managing Director, OSDMA assigned Indian Institute of Technology, Bombay ( Rs. 2.5 crore project) for the
landslide vulnerability study for
Gajapati District. OSDMA has maintained
utmost secrecy and has not disclosed any information about
details of procedure followed and decision taken and preliminary correspondence made between OSDMA and IIT, Bombay for arriving at decision to
assign this study ( for example letter dt. 30.3.2019) , as it was
sought for under RTI Act. The reason for not inviting Expression of Interest through
advertisement and hurriedly selecting IIT, Bombay for
this study is best known to OSDMA officials.
4. But
it was observed from the file noting that the Team of IIT, Bombay visited three worst landslides affected
areas in the Gajapati district
and submitted a preliminary
report to OSDMA which was
placed before 4th SEC meeting
for the year 2018-19 held on 5.2.2019.
5. Following their
preliminary report, OSDMA
assigned this study
to IIT, Bombay without signing any MOU and devising timeline and
released total Rs. 2.5 crore
at stretch on 25.4.19 without approval of the Finance
Department.
6. In respect
of sanctioning of Rs. 2.5 crore to IIT,
Bombay by Sri Bishnupada Sethy, MD, OSDMA, it has been clarified
by Bholanath Mishra, General Manager ( Geotechnology), OSDMA which is
observed from the file noting that the Governing Body in its 3rd
meeting has delegated the sanctioning power upto Rs. 5.00 core to the Managing
Director for any scheme. I suggest that this issue must
be looked into by the state
Govt. from the perspective of effective management of SDRF fund through approval of Finance Dept.
7. It deserves to mention here that IIT, Bombay had
not submitted any proposal for the Study
on “Vulnerability Mapping of Landslide Prone areas under Cyclonic
storm in the Gajapati district”
It is also learnt from the text of the letter
written by IIT, Bombay on 2.4.19 that “
the duration of the project was one year
and the consultation charges was be Rs. 2,11,86,441.00 with 18%GST (
total Rs. 2.5 crore) .
8.
After
four months of release of Rs.
2.5 crore , the
Study Team of IIT, Bombay made
their first visit to Gajapati district on 2nd and 3rd
September, 2019 for the said study.
9.
On 30.10.19., OSDMA wrote a letter to Prof. Manas Ranjan Behera,
Associate Professor , IIT, Mumbai, Team Leader to send a team of experts to the recent landslide sites occurred
in Gumma and Rayagada block of
Gajapati district and submit the
report. IIT Team visited Gajapati on
12.11.19.
10.
From the proceedings of the meeting of OSDMA
held on 13.11.19, it was found that Mr. Pradeep Jena, present Managing
Director, OSDMA really blew the whistle. This meeting was called by him to
review the progress of ongoing landslide
study undertaken by IIT, Bombay. It was
directed by Sri Jena that –
i.
IIT, Bombay
would modify the methodology and
come up with detailed proposal ( IIT, Bombay had
not submitted any
proposal . But Mr. Bishnu Pada
Sethy, the then MD sanctioned full amount of Rs. 2.5 crore as advance. It never
happened anywhere in Govt. sector) , devise
a timeline for execution
& completion of the work. The
modified proposal would be submitted within three weeks.
ii.
IIT, Bombay would submit the exhaustive proposal
with timeline of completion by 13th December,2019 and submit UC of the expenditure incurred
under this project to settle the advance amount released to IIT, Bombay.
iii.
As MOU
was not signed
on 25.4.19 at the time of release of entire project money, MOU will
be signed now after review of
progress and revised plan.
12. one year is over. So far,
IIT, Bombay has neither submitted any report nor UC.
13. Study is going on. Nobody knows when the study
will be completed.
14. It is desired to conduct
an inquiry into nexus of Sri Bishnupada Sethy and IIT, Bombay, how a project
was sanctioned without floating any
tender and inviting Expression of Interest and total amount was released without
signing any MOU and underlining check and balance.
Pradip
Pradhan,M-9937843482, Date- 22.5.20
127. Media Projection of Mr. V. K.
Pandian as No.1 IAS officer does not hold any documentary Proof. It is
construed as False Propaganda
In March, 2016, the Odia Daily newspaper “
Sambad” covered a front paper news Comparative analysis of performance of few IAS officers following their ACRs and projecting Mr. V.K. Pandia as No. 1 IAS officer in rank among all IAS and
IPS officers scoring 10 marks in each Indicator taken up for the study. Accordingly its Sister Media “Kanak TV”
covered same story showing the documents of their performance report which is still available in “YouTube”.
1.
Having seen the news covered with show of copy of documents in Media and out of curiosity, I had filed RTI application dt. 26.3.16 to
the PIO, Dept. of General Administration and Public Grievances, Govt. of Odisha
seeking the following information to ascertain the fact of reporting.
i. Copy of
Annual Confidential
Reports ( CCR) of last three years of Sri V.Kartikeyan Pandian, IAS, secretary
to Chief Minister, Odisha, Sri Upendra
Nath Behera, IAS, Addl.Chief Secretary, Odisha, Sri Bijay Sharma, IPS, D.G.
Crime Branch etc. which has already
released to media.
ii. Details of procedure followed for preparation of ACR and approval
made by the appropriate authority.
iii. Details of criteria taken up and procedure followed for assessing
career / performance of an IAS /IPS officer which reflected in ACR.
iv. Details of ACR Reporting Authority for different type of IAS and
IPS officers at different level in the administrative set up of the State.
v. Details of legal provisions for disclosure of ACR or maintaining its secrecy.
2.
On denial of information by the PIO and First
Appellate Authority, I made Second
Appeal in the office of Odisha
Information Commission on 8.6.16.
praying for supply of information and imposing penalty on PIO for denying information under section 20 of the
RTI Act.
3.
The Commission registered my case
as Second Appeal Case No. 1567/2016 and started hearing of the case from 18.10.19 onwards , after around 3 years
of filling Second Appeal. The Commission heard six times and passed the order
on 10.2.20 which is of bad taste.
4.
On first
day of hearing (18.10.19), the Commission directed the PIO to show cause for not providing information as per law,
not explaining reasons of refusal on
point-wise information, not making any
effort to give the details under section
4(1)(b) of the RTI Act about norms, guidelines, notification. The Commission
also directed Special Secretary and Principal Secretary, Dept. of GA &
PG to submit status Report updated till 30.9.2019 with regard to section
4 of the RTI Act by taking notes of
section 4(1)(b)(v)(vii)(xiv) & (xv)
and Secion-4(1)(c )(d) & (e ) .
5.
On day of
Second Hearing ( 8.11.19.) I made a submission stating that information relating to ACR of IAS and
IPS officers has not been provided to me
by the PIO citing the ground section 8(1)(j) & section 11
of the RTI Act.
Section 8(1)(j) stipulates “exemption of information from disclosure which relates to
personal information and the disclosure of which has no relationship to any
public activity or interest, or which would cause unwarranted invasion of the
privacy of the individual unless the Central Public Information Officer or the
State Public Information Officer or the appellate authority, as the case may
be, is satisfied that the larger public interest justifies the disclosure of
such information: Provided that the information which cannot be denied to the
Parliament or a State Legislature shall not be denied to any person.”
Section 11(1) says “Where a Central Public Information
Officer or a State Public Information Officer, as the case may be, intends to
disclose any information or record, or part thereof on a request made under
this Act, which relates to or has been supplied by a third party and has been
treated as confidential by that third party, the Central Public Information
Officer or State Public Information Officer, as the case may be, shall, within
five days from the receipt of the request, give a written notice to such third
party of the request and of the fact that the Central Public Information
Officer or State Public Information Officer, as the case may be, intends to
disclose the information or record, or part thereof, and invite the third party
to make a submission in writing or orally, regarding whether the information
should be disclosed, and such submission of the third party shall be kept in
view while taking a decision about disclosure of information:
Provided that except in the case
of trade or commercial secrets protected by law, disclosure may be allowed if
the public interest in disclosure outweighs in importance any possible harm or
injury to the interests of such third party.”
My further argument before the
Commission is as follows
a.
On the ground of denial of information, I argued
that the PIO has not sought opinion of third parties before taking such
decision of non-disclosable of information. So, the PIO should be directed to
issue notice to the third parties to
give their opinion relating to supply of ACR under section 11 of the RTI Act. Without taking opinion of third parties, the
PIO can not deny the information.
b.
As
the information sought for is
already in public domain and news glorifying their performance has
been widely covered in both Print
and Electronic media, the said
information must be provided in public interest to
understand performance of No.1.
IAS officer under section 8(1)(j) of the RTI Act.
6.The PIO made counter-submission referring decision of Delhi High
Court in W.P. ( C ) No. 4735/11 wherein
the Court has observed that the
ACRs can not be disclosed to any other employee as that would
constitute third party information. The PIO further submitted referring decision of Supreme Court in the matter of Girish R. Deshpande VS CIC and others ( SLP ( C ) No. 27734/2012
wherein it was as under
“ The performance of an
employee/officer in an organization is primarily a matter between the employee
and the employer and normally those aspects
are governed by the service rules
which fall under the expression
“personal information”, the disclosure of which has no relationship to any
public activity or public interest. On
the other hand, the disclosure of which could cause unwarranted invasion of
privacy of that individual”. The Supreme Court further held that such
information could be disclosed only if it would serve a large public
interest”.
I further countered
submission of the PIO that
following this judgement of the
Supreme Court, the information about APR
of Mr. V.K.Pandia must be disclosed in
public interest which is already
available in public domain.
7.The PIO
also submitted that
the GA Dept. had neer shared
this information sought for on ACRs/PARs( Performance Appraisal
Reports) of any officers to any media / TV channel because
such documents are purely confidential in nature.
8. In respect
of information about details of ACR Reporting authority , detaisl of criteria
taken up and procedure followed for assessing career , the PIO supplied copy of All India Civil Conduct Rules.
9. While
passing final order , the Commission
opined that in the instant case the appellant
has not made a bonafide public interest in seeking information the disclosure of such information would cause unwarranted
invasion of privacy of the individual U/s 8 (1) (j) of the RTI Act. The case was disposed without any direction
for supply of information.
Analysis of the Case: Why it is a tasteless
order ?
a.
From the
very beginning of the hearing of the case, I have persistently made submission that as the PIO has rejected RTI application on the ground of section 11
without following procedure, he should be directed to issue
notice to all IAS officers seeking
their opinion about disclosure of their performance report. But the
Commission Smt. Sashi Prava
Bindhani consciously remained silent
and never directed the PIO to
follow the procedure of section 11(1).
Rather just mentioned in her order “ the PIO could have taken the views of the
third parties in this particular case”.
b.
Smt.
Bindhani did not make legal interpretation of the law i.e., Section 8(1)(h), when I have been
constantly pleading for disclosure of
information by producing Kanak TV Visual which is
already available in youtube. As Smt. Is not well-versed about RTI Act and its legal interpretation,
she deliberately refrains from doing her commission’s job and passed
speaking order.
c. As
the PIO stated that the said information
has never been disclosed to any media,
the Million Dollar question is raised how did Sambad and kanak TV get
this document ?
d. At
last it is concluded that
the Projection of Mr. V.K.Pandia as No. 1 IAS does not substantiate any logic or ground to believe. The People must reject it.
e. Through
out hearing of the case, Smt. Bindhani persuaded the PIO for updating the suo moto disclosure of
information under section 4(1)(b)(c )(d) of the RTI Act. Till last, the PIO did not care to comply. This matter was also not
related to my case. I got
astonished Why did the Commission bring
this issue within ambit of hearing of my case. The whole exercise of Smt.
Bindhani ended in fiasco. The Commission
also did not pass any order in its decision. Till today, the GA dept. has not
updated suo moto disclosed information.
Pradip Pradhan, M-9937843482, Dt-27.5.20
128.OHRC directed KIMS Hospital,
Bhubaneswar to immediately conduct
surgery operation to a person suffering from stabbing injury and denial of
treatment by 10 Govt. and Private Hospitals for 12 days.
Taking prompt
action on a complaint
petition filed dt. 22.9.20 (
registered Complaint Case No. 2355/20), Odisha Human Rights Commission
issued direction on same day to Kalinga Institute of Medical Sciences ( KIMS) hospital , Patia,
Bhubaneswar to immediately
conduct surgery operation of Ranjit Nayak after receipt
of the order and directed Secretary, Department of Health and Family Welfare, Govt. of
Odisha to conduct an inquiry into the allegation of
petitioner and submit the Report by 15.10.20. The Commission also directed
the following Hospitals
to file their response
about why they
failed to render treatment
to a patient.
·
Director, Capital Hospital, Bhubaneswar
·
Director, Kalinga Institute of Medical
Science (KIMS) Hospital, Patia, Bhubaneswar
·
Director, AIIMS, Bhubaneswar
·
Inspector-in-Charge, Chandrasekhar Pur Police
Station, Bhubaneswar
What is
the Case ?
Sri Pabitra Nayak, aged 25,
cousin brother of victim filed
a complaint in the office of
hon’ble Commission alleging
Complete negligence, callousness and denial of
surgery operation to a
seriously injured patient since 12 days
by all 10 Govt. and Private Hospitals.
His allegation before the
Commission is as follows.
1.On 8.9.20., Sri Ranjit
Nayak, aged 21 At- Chandrasekhar Pur (Near Damana), Arabinda Nagar Basti,
Bhubaneswar-751022 was stabbed with sharpened knife in his house at 6.30 PM by
his neighbors Tapas Kumar Sahu and his relatives after a
violent conflict centring around matter of theft of mobile. The lower part of his belly
stated bleeding profusely.
2. Then, the parents of Ranjit Nayak carried him
to Chandrasekhar Pur police station at 7 pm to
file FIR. But the police
suggested them to
immediately admit the
boy in hospital for operation, as his condition is serious and did not receive
their FIR.
3. On the same day at 8. PM,
the parents carried Ranjit Nayak
to KIMS Hospital, Patia,
Bhubaneswar for immediate
treatment. But the authority of
KIMS Hospital refused to admit
him. Then , the parents carried
him to Capital Hospital , Bhubaneswar
and requested doctor
for treatment as the condition of patient is
serious. The doctors of the
Capital Hospital at casualty refused to
receive the patient and asked them
to go some other
hospitals , as surgery is
not possible. It was around 9 PM.
4.Then, the patient was
carried to Sum Hospital, Ghatikia, Bhubaneswar. On refusal, he was carried to
Vivekanand Hospital, Fire Station square, Bhubaneswar. Though the
doctors were persuaded for
immediate operation, they did not
receive patient as oxygen was
not available in the
hospital.
5.Then, the patient
was carried to AIIMS Hospital at around 11.45 pm. The patient was kept in Ambulance for one hour. Then the
doctors admitted the patient in emergency ward
and asked the relatives to arrange
blood (4) for operation at 1 am. In the meantime, they made COVID test and found positive. When the
blood was arranged, the
doctors refused for
operation at 4 am and asked
the complainant to leave
hospital, as they do not have OT for surgery of COVID Patient.
6.The complainant carried the
patients to AMRI Hospital, Bhubaneswar at 4.30 am. The authority refused to
treat the patients, as bed
was not available.
7.Then, the patient was taken
to Kalinga Hospital on 9.9.20 at 6 am.
The Security Guard did not allow the entry. Then , he was
taken to APOLLO Hospital,
Bhubaneswar. The doctors did not allow
admission of the patients.
8.Then, he was carried to
S.C.B. Medical, Cuttack
with great hope
for surgery operation. The condition of patient was
deteriorating . The complaint spent the sleepless night moving one hospital to
another for treatment.
9.The people stationed at
casualty simply refused to receive and
the security asked to leave the medical,
despite several persuasion by
the complaint.
10.Then, the patient was
carried to Sriram Hospital at 8.30 am. The Authority asked him to deposit Rs.
45,000.00 for operation. The Complainant
deposited the said amount with 4 units of blood. After few minutes, the
authority refused to treat
him.
11.Then, he was carried
him to ASWANI Hospital at 6 PM and
faced same response.
12.With much pain and agony, the complainant
again came to AIIMS Hospital for
treatment. The time
was 10 PM. He stayed there 2 hours and repeatedly requested
doctor with folded hand for
operation. But nobody did
pay any attention to him.
However, the doctors
refereed to KIMS
Hospital, Bhubaneswar with
reference paper.
13.They reached
at KIMS COVID Hospital in the
night. The Patient was
admitted and discharged
him at 16.9.20 at 7 pm without any surgery operation.
14.During this
period, FIR was lodged
in Chandrasekhar police station
on 10.9.20 and it was
registered by the police. As the FIR
was registered and
the case is under police
investigation, the complainant
made a call to Prakash Ch. Pal,
ACP and appraised him about
it. He sent an ASI of police to
KIMS Hospital for being present during
discharge.
15.Then, the patient was again taken to Capital Hospital. The
complainant persuaded to the Superintendent and Surgery doctors for operation.
The patient was kept on stretcher the whole night and was not allowed to be admitted in the hospital. They all
refused to admit him. On 17.9.20, the
patient was kept in stretcher. The
complainant met Director, Capital Hospital at 12 noon on 18.9.20 and appraised
him about condition of the patient. The Director assured him for surgery
operation and gave a phone no. of
contact doctor Dr. Basant Mishra
. the patient was admitted
in the COVID isolation Ward, though
the patient was COVID
negative. A team of Doctors just
visited and refused to
conduct surgery operation. Then , the patient was
referred to KIDS COVID Hospital , Dumduma which
again returned back the
patient to Capital Hospital,
Bhubaneswar.
16.On 19.9.20, the
patient was kept in COVID isolation Ward. Then SWAD test
of patient was
conducted at 11.43 am. No treatment
was conducted except minor dressing
was done.
17.At 3 pm, the complainant
received a call from BMC office
that Ranjit Nayak, patient
was found COVID positive again.
The doctors of
Capital Hospital persuaded
me to take patient and
admit in Hospital. At 11.45 , the
complainant received a call
from Capital Hospital that his
patient was referred
to KIMS COVID Hospital for admission. The BMC Ambulance carried
him to KIMS COVID Hospital at 12
o’clock at night.
18.The patient was admitted
in KIMS COVID Hospital at 12.30 am
on 19.9.20 without any surgery treatment.
My
intervention in this case
It is tragedy that Since last 12 days, a minor surgery could not be
conducted despite several persuasion
starting from Govt. to
Private hospitals ( covering 10 Hospitals of Bhubaneswar and
Cuttack). The patient is still battling with much pain for survival. All
the Hospitals refused
to conduct minor surgery
operation, though he was free
from COVID . 0n 21st Sept. evening, Naxatra TV conducted
a discussion on this issue in which I was invited
as one of the panelist. I heard the whole
story and gave my opinion. After
returning from the discussion, I thought for
hours together how to help
this boy and chose option of filling
the case in Odisha Human Rights Commission. I called Pabitra Nayak
and prepared the complaint
and filed it in the office
of the Commission on 22.9.20 at 11 am.
Our prayer before
the Commission was immediate order to KIMS Hospital for surgery
operation and direction to Secretary, H
&FW to conduct inquiry into the
whole matter inviting response
from all major four hospitals
including Inspector-in-Charge,
Chandrasekhar Police Station
for their negligence
in rendering service to the
patient.
Outcome
After direction of the Commission, KIMS Hospital
immediately conducted surgery
operation at 11 pm on same day
22.9.20. The parents are quite
happy now. Let us
hope that the
poor slum boy will recover soon and resume normal life.
Pradip Pradhan , M-9937843482, Date- 23.9.20
129. A Fact-sheet on “Chief
Minister’s Zero Tolerance to Corruption”
Since August,
2019, Mass Media carrying
front-page news from time to
time about steps taken by Chief Minister, Odisha dismissing
officers/ employees from the service
on the ground of corruption ,
suspending pension of retired
employees and giving
compulsory retirement to the
officers involved in corruption ( quoting press release
issued from Chief Minister’s
office). This step of the Chief
Minister has been highlighted and glorified by Media. Keeping
it in view,
several RTI Applications quoting
press news have been filed in
the office of Chief Minister, Odisha seeking
information about
i.
Provide details of
documents and files relating to decision taken
by Chief Minister to dismiss
21 officers and employees from service
with copy of file
noting with their
names with address and
post held by them.
ii.
Provide
name of
the retired officers
and employees whose
pension has been held up
by Chief Minister , copy of the
order of Chief
minister along with
copy of details of
decision taken in this
regard including copy
of the file noting.
Every time, the PIO, office of the
Chief Minister has denied
the information on the ground
of non-availability of the
information. In response to RTI query filed dt. 14.7.20, the PIO, office
of the Chief Minister
replied on 18.7.20 that
no such information sought for is
available in this office , as
disciplinary action is initiated
by the respective departments
of the Govt. But the
question comes how
the press statement
mentioning number of
officers / employees dismissed
and pension of retired employees
withheld was made from the
Chief Minister’s office
which has been reported
by Media. As the press release
is made from the Chief Minister’s office, the said
information must be available
following which the press statement is prepared.
Again, on 18.8.20, both Print
and electronics media carried another
news about 60 officers/
employees dismissed by Chief Minister
, 17 employees given compulsory retirement and pension of 22 employees withheld. We
again attempted to access this
information by way of
filling RTI Application dt. 24.8.20 to the
PIO, office of Chief Minister,
Dept. of GA &PG, Parliamentary
Affairs , Govt. of Odisha seeking
the following information
to verify authenticity
of the news.
a. Name of
the officers and employees
who have been dismissed by the
Chief Minister on the ground of
corruption as declared by Govt. ,
name of their Dept. and position held by them
b. Name of the
officers and employees who have been given compulsory
retirement by the Chief Minister on the ground of
corruption , designation held by
each of them, name of their
department.
c. Name of the
retired employees whose
pension has been temporarily
stopped and their department.
Like response
of the PIO, office of the Chief
Minister , the GA dept.
declined to give detailed
information but thankfully forwarded
RTI Application to all
the Departments and
sub-ordinate offices across the
state. Within the period of 3
months, the information from various department and offices
started being flooded with us. The
information was scrutinized and
compiled. The compiled information is attached
herewith.
Analysis of the
compiled information is as follows.
1. Total no. of
18 officers/ employees has been dismissed
by the disciplinary authority
of the concerned Department/
office not by Chief Minister. For
Example, Sri Dharma Singh, Ex-Panchayat
Executive Officer, Rairangpur block of Mayurhanj
district was dismissed by the
Collector, Mayurbhanj on the ground of
corruption. The Chief Minister is no way concerned in this matter. This is the official procedure as per
Odisha Civil service (
classification, control & Appeal) Rules,1962
2. In most of the
cases , the Special Judge,
vigilance has held
the officers/ employees
guilty and sentenced them to rigorous
imprisonment and imposed
penalty. Following judgment of the vigilance court, the disciplinary authority has dismissed the
officers/ employees. For Example, Sri Akhaya Kumar Behera, Ex-Senior
Scientific Officer, Testing Laboratory, Berhampur under DEP&M, Odisha (MSME
Dept.) was dismissed by the Dept. on 30.10.2019 after Special Judge , Vigilance in P.S. Case No. 29
dt. 4.7.2014 sentenced him rigorous imprisonment for 2 years on 1.6.2018.
3. In many cases, though
the Special Vigilance Court
held them guilty and sentenced
rigorous imprisonment, the State
Govt. has remained silence for
several years without taking any action against these employees. For example, Sri Tapan Kumar Garnaik, Executive Engineer, Charbatia ( R&B) Division,
Choudwar , Cuttack was dismissed from service
on 28.2.20 by the secretary,
dept. of works after the
vigilance court convicted
him on 24.4.2018. the role of
the Chief Minister does not arise here.
4. As per RTI Document provided by different
offices, total no. of eight
employees/ officers whose pension
have been temporarily stopped.
It is very interesting to note
here that The Govt. has suspended pension
of the employees after they
were convicted by the vigilance
Court. The Govt. has not taken action promptly but
waited so many years to take
action . For example, On 30.4.2011, the
Additional special Judge, Vigilance court , Bhubaneswar held Sri Arun Parida guilty
of offence for showing undue favour
to a private contractor
during construction of high level bridge over
river Bhargavi in the year
1995 and convicted him. He was
retired in 1997. He challenged
this order in High Court which is pending. After 10 years of judgement
of vigilance Court , the
Govt. withheld his pension permanently
from 24.2.20.
5. The pension of
Sri Gourang Charan Sahu (A), Ex-E.E., NESCO
Utility was withheld permanently
w.e.f. 14.1.20 consequent
upon his conviction in Balasore
P.S. Case No. 44 dt. 31.12.1998.
6. As per RTI
information, seven no. of officers/ employees have been given compulsory
retirement. We have tried to understand the reasons for their compulsory
retirement. The compulsory retirement has been given few employees on the
ground of ineffectiveness following the GA Dept. circular dt. 24.9.2019. There
is no such serious corruption charges against these employees. For example, Sri Arun Kumar Behera, Deputy
Director, Soil Conservation-cum-Project
Director, Watershed, Malkangiri
was given compulsory
retirement from service on the
ground of ineffectiveness on
16.3.20 by the Principal Secretary, Dept. of Agrl. Similarly, Sri Sudhansu
Sekhar Mishra, OFS-1(SB) of office of PCCF
was given Premature retirement as per
circular No. 27037 /Gen dt. 24.9.2019 of GA & PG Dept. on the
ground of doubtful integrity and inefficiency.
Conclusion
1. In most of the cases,
following the conviction of
Special vigilance Court, the competent
authorities have dismissed the employees or withheld their pension even
after long years of the court judgement.
2. The
media-hyped propaganda is a
calculated move orchestrated from the
Chief Minister’s office to
glorify the Chief Minister in public domain as a crusader
against corruption termed as “
Zero Tolerance to Corruption”. In
fact this Chief Minister during his
stint of 20 years has masterminded the
corruption and mega scams like
Chit Fund Scam, Mining Scam, Land
Scam worth lakhs of crores
of rupees in Odisha . During his regime, the corruption has been widespread across the
state affecting each office starting from Gram panchayat to Chief Secretary to
Chief minister, Odisha.
Pradip Pradhan,
M-9937843482, Date- 23.12.20
130. Iron Ore Extracted and Exported in Odisha during
COVID Pandemic (From January to December,20)
· Total quantity
of Iron Ore extracted - 11,09,86,067.9 MT
· Total quantity
of Iron Ore exported - 2,40,51,516.2 MT
· Total quantity
of iron Ore exported through
Paradip Port - 1,78,27,683 MT
· Total quantity
of iron Ore exported to China through Paradip Port - 1,57,37,638 MT
· Total
revenue generated - Rs. 5663.68 CRORES
Odisha is endowed with vast resources of a
variety of minerals and occupies a prominent place in the country as a mineral
rich State. huge reserves of high-grade
Iron ore, are extensively available
in Keonjhar, Sundargarh, Mayurhanj,
Jajpur in Odisha. This has opened up
huge investment and establishment of Iron-Ore
based industries for manufacture of Steel, Ferro-alloys, etc., along with setting up other auxiliary
and ancillary industries. Huge extraction
of Iron Ore made for
industrial consumption in
our state and
also for export to other
states and foreign
countries. Govt. of Odisha has given lease
to number of mining companies for
extraction of iron ore to get
just revenue from it. Huge
export of raw Iron ore
to foreign countries through paradeep Port and other
ports is continuing
day and night for
just few royalty
from it. The way Iron Ore is
exploited and transported to
ports through thousands of
Andhra trucks for export , it
may dwindle rich deposits
within couple of years
leaving no deposits for future
generation.
During
COVID lockdown in 2020, when
the whole state was
locked and suffering
from pandemic and all manufacturing companies/ factories was
almost closed, extraction of
iron ore continues unabated by the mining
companies just to export foreign
countries like China . Trend of export of Huge quantities of Iron Ore from Paradeep Port was more
in pandemic than previous normal
period. This is nothing
but loot of our
resources for the benefit of
few at the cost
of millions of toiling
masses of our state. while
Odisha exported 17 lakh MT
Iron Ore in Feb.20, the pandemic situation of May ,20 witnessed
export of 28 lakh MT to foreign
countries and other states.
RTI
was filed to the
office of Directorate of Mines , Govt. of Odisha
and Paradip Port Trust to understand
magnitude of Iron ore extracted , exported and consumed
in our state of Odisha.
a.Total Quantity of Iron-Ore Extracted, consumed and exported from
Odisha (from January to December, 20) (Information provided by Directorate of
Mines on 24.2.21)
(MT)
|
Year |
Iron Ore Extracted |
Iron Ore Exported |
Iron Ore Consumed by
Industries in Odisha |
|
January,20 |
1,29,62,905.84 |
17,63,572.51 |
58,14,943.23 |
|
Feb.20 |
1,35,20,360.00 |
17,81,708.74 |
55,53,444.48 |
|
March,20 |
1,14,27,967.09 |
18,30,720.59 |
57,35,678.44 |
|
April , 20 |
61,13,531.04 |
17,39,030.62 |
31,00,470.66 |
|
May,20 |
63,71,697.68 |
28,06,596.55 |
31,12,809.85 |
|
June,20 |
55,21,757.21 |
24,37,424.31 |
41,60,217.83 |
|
July,20 |
71,65,831.85 |
30,23,783.82 |
42,58,503.78 |
|
August,20 |
65,39,458.86 |
28,16,669.35 |
38,22,302.65 |
|
Sept.20 |
80,66,156.47 |
28,35,175.10 |
44,52,807.30 |
|
Oct.20 |
97,13,439.23 |
29,39,840.54 |
57,28,209.89 |
|
Nov.20 |
1,09,92,980.95 |
13,47,398.05 |
55,25,709.53 |
|
Dec.20 |
1,25,89,981.44 |
15,46,265.37 |
69,18,114.96 |
|
Total |
11,09,86,067.9 |
2,40,51,516.2 |
5,81,83,212.6 |
b.Total
Quantity of Iron Ore exported from Paradeep Port ( MT) (Information obtained from Paradeep
Port Trust on 5.3.21 )
|
Name of the Month |
Total Quantity of Iron Ore
exported from Paradeep
Port ( MT) |
Name of
the places to which Iron Ore exported
( Foreign Countries) |
Name of
the places to which Iron Ore
exported ( within India) |
|
January, 20 |
11,09,586 |
China |
|
|
1,19,929 |
|
Mumbai |
|
|
53,000 |
|
New Mangalore |
|
|
Feb.20 |
9,62,169 |
China |
|
|
52,300 |
Jintang |
|
|
|
52,500 |
|
Gangavaran |
|
|
3,33,153 |
|
Mumbai |
|
|
53,279 |
|
New Mangalore |
|
|
March,20 |
13,51,584 |
China |
|
|
19,750 |
QINGDAO |
|
|
|
1,11,545 |
|
Mumbai |
|
|
April,20 |
8,69,960 |
China |
|
|
53,800 |
Jhanjhiang |
|
|
|
55,200 |
Jingtang |
|
|
|
May,20 |
12,56,400 |
China |
|
|
59,316 |
QINGDAO |
|
|
|
June,20 |
16,06,215 |
China |
|
|
1,04,950 |
|
Mumbai |
|
|
July,20 |
12,04,295 |
China |
|
|
1,53,160 |
|
Mumbai |
|
|
August, 20 |
14,60,550 |
China |
|
|
42000 |
Shanghai |
|
|
|
50,795 |
TIANJIN |
|
|
|
1,17,509 |
|
Mumbai |
|
|
Sept.20 |
19,03,851 |
China |
|
|
22,330 |
Shanghai |
|
|
|
1,09,547 |
TIANJIN |
|
|
|
1,71,871 |
|
Mumbai |
|
|
October,20 |
13,06,692 |
China |
|
|
27,670 |
SHANGHAI |
|
|
|
19,100 |
TIANJIN |
|
|
|
2,62,361 |
|
Mumbai |
|
|
Nov.,20 |
13,00,790 |
China |
|
|
|
35,100 |
TIANJIN |
|
|
|
1,74,558 |
|
Mumbai |
|
Dec.20 |
8,39,638 |
China |
|
|
|
20,000 |
TIANJIN |
|
|
|
3,81,230 |
|
Mumbai |
|
Total |
1,78,27,683 |
1,57,37,638 |
|
c.Collection of Royalty on Iron Ore from
January to December,20 (Information provided by Directorate of Mines on 24.2.21)
|
Month |
Collection ( In Crore) |
|
January, 20 |
639.04 |
|
February,20 |
611.95 |
|
March,20 |
373.08 |
|
April,20 |
220.02 |
|
May,20 |
257.36 |
|
June, 20 |
429.55 |
|
July,20 |
522.21 |
|
August,20 |
531.89 |
|
September,20 |
536.47 |
|
October,20 |
539.24 |
|
November,20 |
452.91 |
|
December,20 |
549.96 |
|
Total |
5663.68 |
Pradip Pradhan,
M-9937843482, Date- 6.5.21
131. Mining lease granted in favour of the Companies
for Mining Operation in Odisha (During 2019 and 2020)
·
During
COVID pandemic, Govt. of Odisha las
leased out 4831 hects of land of Iron
Ore , Manganese and Chromite to the
Companies for 50 years .
·
2215
hect of land of Coal has been leased to NALCO and NLC India Ltd. for 30 years
Srikant Pakal had filed RTI Application to the
PIO, Directorate of Mines seeking information about details of Mining lease
granted in favour of the Companies for Mining Operation in Odisha during 2019
and 2020. On 19.1.21, the PIO has
supplied the following information.
|
Sl.No |
Name of Company |
Location of the lease |
Minerals |
Area in Hect |
Grant order |
Period of lease |
|
1 |
JSW Steel Ltd. |
Nuagaon Iron Ore Block |
Iron |
776.969 |
5443/SM dated 26.6.20 |
50
Years |
|
2 |
JSW Steel Ltd. |
Narayanposhi Iron & Mn Ore Block |
Iron & Manganese |
347.008 |
5424/SM dt. 26.6.20 |
50 years |
|
3 |
Arcelor Mittal India ( P) Ltd. |
Thakurani Iron Ore Block |
Iron |
228.744 |
5384/SM dt. 26.6.20 |
50 years |
|
4 |
Serajuddin &Co |
Balda Iron Ore |
Iron |
343.981 |
5839/SM dt. 7.7.20 |
50 Years |
|
5 |
JSW Steel Ltd. |
Ganua Iron Ore Block |
Iron |
88.516 |
5431/SM dt. 26.6.20 |
50 years |
|
6 |
JSW Steels Ltd. |
Jajang Iron Ore Block |
Iron |
669.078 |
5437/SM dt. 26.6.20 |
50 years |
|
7 |
Narbheram Steel & power (
p) Ltd. |
Koida-II Iron Ore Block |
Iron |
74.702 |
5524/SM dt. 29.6.20 |
50 years |
|
8 |
Patnaik Minerals ( P) Ltd. |
Mahulsukha Iron & Mn Ore Block |
Iron & Manganese |
390.317 |
5518/SM dt. 29.6.20 |
50 years |
|
9 |
Ghanashyam Mishra & Sons ( P) Ltd. |
Gorumahisini Iron Ore Block |
Iron |
349.709 |
5707/SM dt. 2.7.20 |
50 Years |
|
10 |
Yazdani Steel & power Ltd. |
Kolmong Iron Ore & Managnese Block |
Iron & Managnese |
218.481 |
5628/SM DT. 1.7.20 |
50 Years |
|
11 |
Kashvi International Private Ltd. |
Jaribahal Iron Ore Block |
Iron |
107.44 |
5500/SM dt. 26.6.20 |
50 years |
|
12 |
Jagat Janani Services Pvt. Ltd. |
Jururi Iron Ore Block |
Iron |
73.413 |
5796/SM dt. 4.7.20 |
50 Years |
|
13 |
M/s Agrasen Sponge Iron Pvt. Ltd |
Katasahi Managnese Block |
Manganese |
200.509 |
5750/SM dt. 3.7.20 |
50 years |
|
14 |
PM Granite Export *(P) Ltd. |
Kanther-Koira Manganese Block |
Manganese |
73.301 |
5713/SM dt. 2.7.20 |
5o years |
|
15 |
TS Alloys Ltd |
Kamarda Chromite Block |
Chromite |
107.240 |
5476/SM dt. 26.6.20 |
50 years |
|
16 |
TS Alloys Ltd. |
Saruabali Chromite Block |
Chromite |
246.858 |
5490/SM dt. 26.6.20 |
50 years |
|
17 |
TS Alloys Ltd. |
Sukinda Chromite
Block |
Chromite |
406.00 |
6275/SM dt.22.7.20 |
50 years |
|
18 |
GM Iron & Steel Company Ltd. |
Badampahar Iron Ore Block |
Iron Ore |
129.61 |
6934/SM dt. 21.8.20 |
50 years |
|
19 |
NALCO |
Utkal –D ( Village-Koshala ,
Nandichhod Similisahi & Raijharan |
Coal |
301.280 |
3265/SM dt. 16.4.20 |
30 years |
|
20 |
NLC India Ltd |
Talabira-II & III, Jharsuguda
District |
Coal |
1914.063 |
No. F No. 103/1/2016-NA dt. 2.5.20
|
30 years |
|
21 |
Nirmal Vikash Pvt. Ltd. |
Mahughara Hills of Ganjam |
Decorative Stone |
11.635 |
5480/SM dt. 30.7.20 |
30 |
|
22 |
K.Srinivas Rao |
Peta of Malkangiri |
Decorative Stone |
9.981 |
997/SM dt. 14.2.2019 |
30 |
Pradip Pradhan, M-9937843482, Date-4.3.21
132. Status of Judicial Inquiry constituted by Home
Department Govt. of Odisha (From 2000 to
2020)
RTI application was filed in the Department of
Home, Govt,. of Odisha seeking information aboutr details of judicial commission constituted under Nabin Patnaik Govt. since 2000. On
3.3.21, the PIO has provided the following information.
|
Sl.No |
Year |
Matter
for which Judicial Commission
was appointed |
Name of Judges who conducted inquiry |
Date
of submission of report |
Action taken by Govt. |
|
1 |
2000 |
Alleged
activities of drug mafia in and around Balasore district |
Justice P.C. Nayak/ Justice P.K.Mohanty |
31.3.2007 |
Report along with Memorandum of action
taken has been laid
before Odisha Legislative assembly |
|
2 |
2000 |
Act of lawlessness and violence inside the premises of SCB medical college
and Hospital, Cuttack on
16.7.20 ( Night) |
Justice P.K.Mishra |
5.11.2002 |
Report along with Memorandum of action
taken has been laid
before Odisha Legislative assembly |
|
3 |
2001 |
Police
firing at village Maikanch under Kashipur police station of Rayagada district on 18.1.2000 |
Justice P.K. Mishra |
17.1.2003 |
Report along with Memorandum of action
taken has been laid
before Odisha Legislative assembly |
|
4 |
2001 |
Confrontation with members
of Bar Association , Puri on
16.10.2001 |
Justice A.K. Parichha, District Session Judge
, Khurda, Bhuaneswar |
No report has been received |
The inquiry
was closed |
|
5 |
2001 |
Police
firing at Rangabhati and
Raighar village in Nabarang Pur district on 30.10.2001 and 11.11.2001 |
Justice Basudev Panigrahi / District &
Session Judge , Koraput |
No report received |
The inquiry
was closed |
|
6 |
2005 |
Alleged custodial death of Dillip Kumar Sahu at Saheed Nagar police station in Khurda
on 2/3. 3.2005 |
District & Session Judge, Khurda |
11.9.2009 |
Report along with Memorandum of action
taken has been laid
before Odisha Legislative assembly |
|
7 |
2005 |
Alleged
custodial death of Gajendra Majhi
in Kuchinda police station lock
up on 17.3.2005 |
District & Session Judge, Sambalpur |
13.9.2007 |
Report along with Memorandum of action
taken has been laid
before Odisha Legislative assembly |
|
8 |
2005 |
Incident
of police firing in front of Champua police station on 8.6.2005 |
District & Session Judge , Keonjhar |
18.11.2006 |
Report along with Memorandum of action
taken has been laid
before Odisha Legislative assembly |
|
9 |
2006 |
Incident
of police firing at Kalinga
Nagar in Jajpur district . 2.1.2006 |
Justice
A.S.Naidu /Justice P.K.Patra / Justice P.K.Mohanty |
3.7.2015 |
Report along with Memorandum of action
taken has been laid
before Odisha Legislative assembly |
|
10 |
2006 |
Incidence
of stampede inside shri
Jagannath Temple , Puri on 4.11.2006 |
Justice P.K.Mohanty |
15.9.2009 |
Report along with Memorandum of action
taken has been laid
before Odisha Legislative assembly |
|
11 |
2007 |
Violent incident occurred
in different parts of Kondhamal
during December, 2007 |
Justice B. Panigrahi ( Retd.) |
28.11.2015 |
The report
is under examination. |
|
12 |
2008 |
Killing of Swami Laxmananand Saraswati
and others at Jalespeta Ashram of Kondhamal district and the incident of violence in its aftermath |
Justice S.C. Mohapatra ( retd.) , Justice A.S.Naidu ( retd.) |
22.1.22015 |
The report is under examination. |
|
13 |
2009 |
Police
firing at Bhuban of Dhenkanal
district on 22.3.2009 |
District & Session Judge, Dhenkanal |
No report has been received |
The
inquiry was closed |
|
14 |
2009 |
Death
of two engineering students at
Bolangir on 24.10.2009 |
Justice S.K.Mohnaty ( retd.) |
14.1.2015 |
Report along with Memorandum of action
taken has been laid
before Odisha Legislative assembly |
|
15 |
2010 |
Police
firing at Bagalpur in Cuttack district
on 23.8.2010 |
Justice S.K.Mohanty ( Retd.) |
30.5.2015 |
Report along with Memorandum of action
taken has been laid
before Odisha Legislative assembly |
|
16 |
2011 |
Incident involving a judicial
magistrate and the local police at Rourkela
on 2.4.2011 |
Justice A.S.Naidu |
21.1.2013 |
Report along with Memorandum of action
taken has been laid
before Odisha Legislative assembly |
|
17 |
2012 |
Incident
of grievous injury to a girl
of village Arjungoda , P.S., Pipili district on 30.11.2011 |
Additional Session Judge –cum-Special Judge ,
Vigilance, Berhampur |
31.5.2015 |
Report along with Memorandum of action
taken has been laid
before Odisha Legislative assembly |
|
18 |
2013 |
Unauthorised
collection of public
deposits in the state |
Justice R.K.Patra ( Retd.) / Justice M.M.Das
( Retd) |
Seven interim reports |
Appropriate
action is yet to be taken by
the Finance Dept. |
|
19 |
2016 |
Police firing
at village Gumudumaha under
Baliguda P.S. in Kondhamal
district on 8.7.2016 |
District & Session Judge, Kondhamal |
17.3.2018 |
The report is under examination |
|
20 |
2016 |
Fire
incident in Sum Hospital,
Bhubaneswar |
RDC,
Central Division, Cuttack |
13.6.2017 |
The
report is under examination. |
|
21 |
2017 |
Incident
on kidnapping , sexual assault
of a minor girl of koraput district
on 10.10.2017 |
District Judge, Koraput |
20.9.2018 |
Report along with Memorandum of action
taken has been laid
before Odisha Legislative assembly |
|
22 |
2018 |
Missing of keys of inner chamber of Ratna
Bhandar of Shree Jagannath temple. |
Justice Raghubir Das ( Retd.) |
29.11.2018 |
The report
is under examination. |
Pradip Pradhan,
M-9937843482 , Date- 7.3.21
133. Amount released to
empanelled Private Hospitals under
Odisha State Treatment Fund
from 2015-16 to 2020-21
RTI Application was filed to the PIO, office of DMET, Odisha seeking
information about details of amount
released to empanelled Private Hospitals under Odisha State Treatment
Fund from 2015-16 to 2020-21. On
13.10.20., the PIO has provided the following information. It
needs to be mentioned here that the
Government of Odisha has
cancelled OSTF scheme
since August 2020. Now financial assistance is provided under Biju
Swasthya Kalyan Yojana.
|
Name of Private
Hospitals |
Amount released
in Rs. (From 2015-16 to 2020-21 upto June
2020) |
|
KIMS Hospital, Patia, Bhubaneswar |
32,70,54,625.00 |
|
Apollo Hospital , Visakhapatnam |
3,66,83,637.00 |
|
Apollo Hospital, Bhubaneswar |
59,90,86,730.00 |
|
IMS & Sum Hospital ,
Bhubaneswar |
4,11,48,163.00 |
|
Kalinga Hospital, Bhubaneswar |
24,24,89,346.00 |
|
Hi-tech MCH , Bhubaneswar |
29,64,87,095.00 |
|
Balco Medical Centre, Raipur |
12,92,421.00 |
|
Care Hospital, Visakhapatnam |
13,92,291.00 |
|
Fortis Escort Heart and Research Centre Raipur |
6,46,928.00 |
|
HCG Cancer Centre , Visakhapatnam |
12,43,455.00 |
|
Mahatma Gandhi Cancer Hospital , Visakhapatnam |
4,37,13,075.00 |
|
Narayan Hrudalaya Hospital ,
Raipur |
29,86,789.00 |
|
Queen’s NRL , Visakhapatnam |
2,11,675.00 |
|
Ramakrishna Care Hospital , Raipur
|
4,71,06,431.00 |
|
Seven Hills Hospital , Visakhapatnam |
3,301.00 |
|
Tirumala Hospital, Visakhapatnam |
23,04,663.00 |
|
Tristar Hospital, Surat |
25,041.00 |
No. of
beneficiaries provided financial support for treatment in Private empaneled
hospitals under OSTF
|
Sl.No |
Financial year |
No. of beneficiaries |
Total amount released In Rs. |
|
1 |
2013-14 |
149 |
85,52,198 |
|
2 |
2014-15 |
605 |
4,99,62,355 |
|
3 |
2015-16 |
829 |
9,53,82,624 |
|
4 |
2016-17 |
1066 |
13,12,11,504 |
|
5 |
2017-18 |
2147 |
29,39,26,493 |
|
6 |
2018-19 |
4316 |
56,58,88,229 |
|
7 |
2019-20 |
6554 |
84,75,76,456 |
|
8 |
2020-21 Upto July, 20 |
3863 |
55,67,63,229 |
|
|
Total |
|
254,92,63,088 |
Pradip Pradhan, M-9937843482, Date-19.3.21
134. Rs.
78 Crore sanctioned for
infrastructure development in Jagannath
Dham under PRASHAD (Pilgrimage
Rejuvenation And Spirituality Augmentation Drive)
Scheme
RTI Application was filed
by Srikant Pakal to the PIO, Dept. of Tourism, Govt. of Odisha seeking
information about details of fund
received under PRASHAD scheme
from Govt. of India and details of fund utilized
by Govt. of Odisha. On 14.12.2020, the PIO has provided the following
information.
On 27.11.17, the Department of Tourism and Culture , Govt. of Odisha has made
revised administrative approval for Infrastructure Development
at Puri Shree Jagannath Dham –Ramachandi-Prachi river front at Deuli-Dhauli under Mega Circuit ( for
Nabakalebara-2015) at an estimated cost of
Rs. 78,54,77,000.00 .
Details of fund
sanctioned for different projects under
PRASHAD Yojana is as follows.
|
Sl.No. |
Name of the project |
Amount sanctioned
( In Rs.) |
|
1 |
Construction of Tourist facilitation Centre at Puri |
19,00,88,550.00 |
|
2 |
Development of
beach at Shree Jagannath Dham |
5,56,28,592.54 |
|
3 |
Development of Shree Jagannath Vishram Sthall and
Amphithreatre at Puri |
21,00,01763.00 |
|
4 |
Ramachandi Temple |
10,47,31,046.00 |
|
5 |
Gundicha Temple |
55,88,490.00 |
|
6 |
Prachi River front Deuli |
3,73,15,954.00 |
|
7 |
Maa Mangala ( Mausi Maa) Temple |
21,63,101.00 |
|
|
Total |
60,55,17,494.54 |
|
|
GST, fees and
contingency |
17,99,59,506.04 |
|
|
Grand Total |
78,54,77,000.58 |
Out of the estimated
Cost of Rs. 78,54,77,000.00 , only a sum of Rs. 50 crore
has been sanctioned and a sum
of Rs. 10 crore have been released by Govt. of India towards central share for execution of the project. This
amount was sanctioned
in 2015.
Out of the balance of Rs. 28,54,77,000.00 , only a sum of
Rs. 3.50 crore will be met
out of the fund sanctioned and placed with the collector, Puri dt. 25.2.15.
Remaining balance of Rs. 25,04,77,000.00 was sanctioned from Tourism Dept.
The project
implementing agency i.e., ITDC
Ltd. has produced UC (
Utilisation Certificate) of Rs.
3,76,34,713.00 as on 31.3.20.
Pradip Pradhan , M-9937843482, Date-22.3.21
135. Coal Extracted and
Exported in Odisha
RTI Application was filed
to the CPIO, Mahanadi
Coalfield Limited seeking
information about details of
qyunatity of coal extracted
from coal mining area . On 18.3.21, the
CPIO supplied the information which is mentioned below.
Coal
Extracted in Odisha ( Information
supplied by MCL dt. 18.3.21 )
|
Year |
Name
of district |
Total
Quantity of Coal extracted in Million Tone) |
|
2015-16 |
Angul |
80.609 |
|
Jharsuguda
|
45.543 |
|
|
Sundargarh
|
11.748 |
|
|
2016-17 |
Angul |
79.995 |
|
Jharsuguda |
45.713 |
|
|
Sundargarh |
13.500 |
|
|
2017-18 |
Angul |
81.873 |
|
Jharsuguda |
47.799 |
|
|
Sundargarh |
13.386 |
|
|
2018-19 |
Angul |
82.065 |
|
Jharsuguda |
44.005 |
|
|
Sundargarh |
18.081 |
|
|
2019-20 |
Angul |
80.607 |
|
Jharsuguda |
36.712 |
|
|
Sundargarh |
23.039 |
|
|
2020-21 April,20
to Jan.21 |
Angul |
64.694 |
|
Jharsuguda |
28.836 |
|
|
Sundargarh |
22.852 |
|
|
|
Total |
821.057 |
RTI Application was filed
to the CPIO, Paradip Port Trust , Odisha
seeking information about details
of quantity of coal exported
to different regions through Paradip Port. On 4.3.21, the CPIO
supplied the following information.
Coal exported from
Paradip Port , Odisha ( Information obtained from Paradip Port on 4.3.21)
|
Year |
Country
to which it was exported |
Quantity of Coal exported ( In Metric Tone) |
|
2015-16 |
India |
2,43,17,753 |
|
2016-17 |
India |
2,01,99,233 |
|
2017-18 |
India |
2,23,30,540 |
|
2018-19 |
India |
2,65,65,806 |
|
2019-20 |
India |
2,12,23,034 |
|
2020-21
|
India |
1,61,47,685 |
Pradip Pradhan, M-9937843482,
Date- 8.5.21
136.
KIMS emerged
as biggest profiteering Private Hospital out of
COVID Pandemic
· COVID pandemic
situation was used as opportunity
by Govt. of Odisha
to give maximum profit to
Private hospitals at
the cost of Govt. hospital in Odisha.
· On 8th April, Suresh
Mohapatra, the then Development
Commissioner wrote a letter
to all the Collectors
under the subject
captioned “ Guidelines for admission
of patients and setting claims for
COVID Hospitals” that the hospitals shall be reimbursed
on per bed day basis
irrespective of whether the bed
is occupied or not , wherever it is fixed as such.
· This draconian letter was
designed with ulterior motive to
give huge profit from the public fund to Private
Hospitals in Odisha by calculating
bed charge separately from
other charges ( consumable item cost) .
· This
profit ( Public Fund) helped
Achyut Samant to expand
its medical business
to other three districts i.e, Mayurbhanj , Kondhamal and Bolangir.
He succeeded in opening
three KIMS ( Kalinga
Institute of Medical
Science) hospital, Bhubaneswar with
full infrastructure in name
of providing health service to
COVID patients.
· When
millions of people
were struggling to
survive and recover from COVID
pandemic and crying for
food , Odisha bureaucracy was
busy in looting
COVID fund and
profiting to private
hospitals , besides rendering service
to COVID Patients.
· 96% of the total expenses ( Rs.
41 crore ) reimbursed to KIMS, Bhubaneswar is
only for bed
charge and rest 4% ( 2
crores ) expenses for
patients charge ( consumable items). Such a huge profit was given to a
private hospital by Odisha bureaucracy.
· CAG Audit, if done will no doubt
open Pandora’s box of
loot of public
fund in name of
management of COVID pandemic by
Govt. of Odisha.
When
State Govt. declared 500 bedded
COVID hospital each ready
in KIMS and SUM Hospital in 1st week of
April,20 just after
declaration of COVID lockdown with
media showing and highlighting picture
of Mr. V.K.Pandian visiting
the full-fledged COVID hospitals,
I was in doubt how it
happened . Was 1000 bedded Hospital
really required for COVID patient, when
not a single COVID patient
was identified during that time
. I had
smelt some motive
behind such declaration.
In name of high profile preparation for management of COVID
situation, the Odisha bureaucracy
explored opportunity of giving
maximum profit to private
hospitals by dragging PSUs into
fold. PSUs like Odisha
Mining Corporation was used
to disburse expenses for
KIMS COVID hospital of KIIT.
Accordingly, immediately in first
week of April 20, a tripartite MOU
was signed with KIMS , Bhubaneswar OMC
and Govt. of Odisha. Later
on circular was issued
chalking out modalities
for giving maximum
profit to private
hospital in name of
treatment of COVID patients.
Bed charge ( Rs.3000 per General bed and
Rs. 5000 per ICU bed )
was consciously separated from patients’ charge ( consumable items) and separately calculated
in order to give huge
benefit to KIMS. On 8th April, Suresh
Mohapatra, the then Development
Commissioner wrote a letter
to all the Collectors
under the subject
captioned “ Guidelines for admission
of patients and setting claims for
COVID Hospitals” that
the hospitals shall be
reimbursed on per bed day
basis irrespective of whether
the bed is occupied or not
, wherever it is fixed as such. Accordingly
a district level committee was constituted to finalise
the fixed rental charge ( on per bed
per day basis) and expected variable
cost for operation of
COVID hospitals.
The decision
“ per day per bed charge “ whether it is
occupied or not”
profited private hospitals
hugely. The information provided by
Odisha Mining Corporation is as follows.
Payment
Status of KIMS
COVID 19 Hospital
(
Provided by Odisha Mining
Corporation on 25.3.21 )
|
Month |
Advanced paid and adjusted |
Fixed bed cost
in Rs. |
Fixed patient Cost in Rs. |
Total amount in Rs. Settled |
|
April , 20 |
12,35,26,000 |
4,49,58,000 |
18,76,250 |
4,68,34,250 |
|
May, 20 |
|
4,92,90,000 |
37,35,250 |
4,30,25,250 |
|
June, 20 |
|
4,77,00,000 |
1,47,70,500 |
6,24,70,500 |
|
July , 20 |
4,92,48,000 |
4,92,90,000 |
|
4,92,90,000 |
|
August , 20 |
|
4,92,90,000 |
|
4,92,90,000 |
|
September , 20 |
|
4,77,00,000 |
|
4,77,00,000 |
|
October , 20 |
|
4,92,90,000 |
|
4,92,90,000 |
|
Nov, 20 |
|
4,09,50,000 |
|
4,09,50,000 |
|
December, 20 |
|
3,53,40,000 |
|
3,53,40,000 |
|
Total |
17,27,74,000 |
41,38,08,000 |
2,03,82,000 |
43,41,90,000 |
Pradip Pradhan. M-9937843482, Date – 13.5.21
137.
Post of Odia
Lecturers lying vacant in Colleges and
Universities in Odisha
In the midst
of continuing public outrage and discontentment generated
by Language Warriors
of Odia Bhasa Andolan ( a frontal
organization steering campaign for introduction of and
implementation of Odia language as
official correspondence language
in state administration and demanding
provision of penalty for violators)
accusing State Govt.
for its lackadaisical attitude towards
Odia Language and lack of seriousness of Odisha bureaucracy to ensure
effective implementation of
use of Odia language
as official corresponding language
in state administration , Chief
Minister declared establishment
of Odia
University in 2018 as show of his commitment and love for
Odia Language. The media
covered and highlighted this declaration portraying Chief Minister- how he loves
so much Odia Language.
In fact, RTI Application was
filed in the Department of higher Education, Govt. of Odsiha seeking information about establishment
of Odia University. The information provided by the Dept. shows
that how Construction of the infrastructure of Odia
University has not yet
started , though three years passed.
The details of information is as found in the link mentioned below.
https://odishasoochana.blogspot.com/2021/05/establishment-of-odia-university-in.html
Secondly, RTI application dt.
15.2.21 Was filed
to the Department
of Higher Education seeking information about
situation of Odia Professor, lecturer in different colleges and Universities. RTI Application was forwarded to all the colleges / Universities to supply
the information. within period of two months, 67 Colleges and
Universities have supplied
the information. Barring
few, almost all
colleges , the post
of Odia Lecturer / Professor is lying vacant for
years together. The Govt. has not taken any steps to fill up
the vacancies. Similarly ,
in all Universities, Post of
Professor is also lying vacant. Even
Odia chair like
Satyabadi Chair, Arttabandhu
Mohanty Chair is lying
Vacant since 1989 and 1998 respectively.
Though Kabi Samrat Upendra Bhanja Chair
was established in Benaras Hindu University,
UP in 2018 with
sanction of Rs. 3.8 crore, the
Dept. of Culture does not have
information whether the any Prof. has got
appointment. This is the
sorry state of affairs
of Odia Language in Odisha.
1.
Bhima Bhoi Chair was established in G.M.
University on4.7.2018. A sum of Rs. 18,98,000.00 and Rs. 11,83,000 has
been released to the University
to meet expenditure towards establishment of Bhima hoi Research Chair.
Dr. Pradip Kumar Panda is continuing as
Chair Professor.
2.
Satyabadi
Chair which was established
in Utkal University , Vanivihar
is lying vacant after
retirement of Nityanand satapathy
in 1989 . ( Information provided by Utkal University on 25.3.21)
3.
Arttabandhu
Mohanty Chair was established in Utkal University with appointment
of Prof. Asutosh Pattanayak . It is
lying vacant since his retirement in 1998.
4.
Kabi Samrat Upendra Bhanja Chair was established in Benaras Hindu University, UP in 2018after
Odia language is accorded as
classical language by Ministry of
Culture , Govt. of India. The objective of establishing chair
is to strengthen the Odia
Language, literature and cultural
tradition. A sum of Rs. 3,
84,84,000.00. ( information provided by Dept. of Culture, Literature and Odia
Language on 9.3.21)
5.
Kabi
Saraladas Chair was established
in JNU University, New Delhi on 22nd Feb. 2017 . A sum of Rs.
5,00, 13,054.00 has been released by Govt. of Odisha . Prof. Udaya Sahu has been
appointed as Chairperson.
(information provided by Dept. of
Culture, Literature and Odia Language on
9.3.21)
Pradip Pradhan, M-9937843482, Date-12.5.21
138. OMBADC Fund – Where it stands today ?
·
Only
1% of total fund has been utilized
for development of tribals in the
mineral bearing districts within 4
years.
·
Rest
99% of amount has been withdrawn and invested without legislative sanction.
·
State
Govt. has taken Rs. 3000 crore as
loan during COVID period.
·
No
proper transparency is maintained
in the functioning of OMBADC.
·
OMBADC does not
have any robust mechanism for
effective planning for
utilization of fund.
·
Fund simply
transferred to line Dept.
to spend on their wish.
Odisha Mineral Bearing Areas Development
Corporation (OMBADC), an SPV, is initially supported by A-NPV portion (about
40%) of ‘Adhoc CAMPA’ created by Hon’ble Supreme Court for the damage done to
the Forests and Environment, mainly due to Mining Related activities. Large
tracts of forestlands were handed over for ‘Non-Forest’ use to the mine lease
holders, which in Kendujhar alone rose to over 24000 Ha out of a total of over
33000 Ha of mining Lease areas. While the main portion of CAMPA was to be mainly
utilized for ‘rejuvenation of denuded forests, creation of new forests (CA),
and protection of wild life (and thus moderate the moisture and temperature,
raise the u/g water table, hold the soil tight against erosion, and restore the
homes for ants/ avian to elephants, simultaneously, producing oxygen for all
animal life through photo synthesis); the smaller portion was to be for “Tribal
Welfare and Area Development” as mandated by SC, both of which were most seriously affected by the most
irresponsible exponential growth of Mining industry.
Hon’ble
SC, while approving the creation of the above SPV named OMBADC on 30 Dec 2014,
had thoughtfully specified 8 items to be targeted for integrated development
(of tribal Welfare and Area Development), which did NOT include Housing, and
forestry which were to be financed from otherwise by PMAY, CAMPA, and even DMF.
On 15 Jan 2015, SC released Rs 869 Crs (50% of a Total A-NPV collection, from
out of gross CAMPA fund), in what is treated as ‘First Phase’ by GOO and
OMBADC.
Subsequently, SC Court in their judgment dated
02 Aug 1917, after 4 years of prolonged hearing, listening to the finest legal
minds of India, representing the miners of Odisha, decided to impose a
compensatory penalty, under Sec 21(5) of MMDR Act 1957. SC held that the minerals raised by the
offending Iron Ore Mine Lease holders of Odisha, violating or outside the
limits of “Environmental Laws”, actually belonged to the State. This unlawfully
raised minerals to be returned to the Nation, or if the same has been sold, the
proceeds of the same to be refunded.
Thus a
frightening figure of 22.55 crore metric tons ‘unlawfully raised’ mineral (Iron
ore + Manganese), was carefully quantified mine-wise by CEC, and accepted by
Govt of Odisha as well by the miners and SC. For some unknown reason, the
proposal of Indian Bureau of Mines to arrive at a ‘Weighted Average Price’ of
Rs 819/ton, (when prevailing ‘Pithead Price was around Rs 4500/-per ton), was
accepted and thus the Penalty amount limited to RS 17,576.16 Crs. However, SC,
in their wisdom, ordered that the penalty thus collected, also be entrusted to
OMBADC, for the broad target of “Tribal Welfare and area development”, which
GOO has treated as ‘SECOND PHASE’ programme of OMBADC.
RTI
queries revealed that by 30.9.20 , total penalty amount
collected and deposited in OMBADC
is Rs. 18,710.22 crores as follows.
(Rs. In Crores)
|
Total receipt
of funds from 1.12.2017 to 30.9.20 |
16,528.65 |
|
Interest
received till 30.9.20 |
2,181.57
|
|
Total
Fund ( Fund + Interest) |
18,710.00 |
|
Amount
given to State Govt. on loan |
3,205.00 |
|
Amount invested
in ATB |
13,250.00 |
|
Cost
value of investment
of fund as on 30.9.20 |
16,455.36
(3,205.00+ 13,250.00) |
|
Release to different line Dept |
2,223.87 |
|
Advise for
investment to the Finance Dept.
as on 16.11.2019 |
380.00
|
|
Fund
available in P & L A/C as on 31.12.2019
|
31.00 |
In their
order dated 29 Nov 18, SC also directed that this amount be utilized on
priority in the districts of Kendujhar, Sundargarh and Mayurbhanj, under close
scrutiny of their appointed ‘Over Sight’ authority and their officers. SC Order
was possibly, both because almost the entire penalty amount was collected from
the miners of these districts where maximum damage was done to the physical and
social environment. This damage had to be restored/rehabilitated through an
already established legal body like OMBADC, whose Memorandum and Article of
Association were specifically approved by SC in Dec 2014.
Unfortunately, even in the PHASE I activities,
the BOD of OMBADC spent the largest portion of their fund, Rs 402 Crs out of a
total of Rs 869 crs in BPGY (Biju Pucca
Ghar Yojana) in early 2016, where the Citizens
of Keonjhar district observed gross distortion against Court
direction of ‘Tribal Welfare and Area Dev’. Keonjhar Citizens’ Forum has pointed out this in-equality in a letter to ‘Over Sight’ authorities on
04th dec 18.
In all
these, the Citizens systematically observe that:-
a.
Govt. of Odisha has, with some initial
hesitation, accepted the appointment of justice AK Patnaik as an ‘Over Sight
authority’ to OMBADC (see para 9(a) of their affidavit dated 20 Oct 18.
b.
On
29 Oct 18, learned counsels were heard by SC before appointing Justice AK
Patnaik as the ‘Over Sight’ authority
and directing a set of procedure including engaging few officers to assist him
in his tasks.
c.
A
reading of the affidavit of Chief secretary, Govt of Odisha , who also
happens to be the chairman of OMBADC, shows an abnormal dependence on the
suggestion of the Senior Defense Counsel who had led the defense the Mining
Lease holders, responsible for bringing about such massive violation of
‘Environmental Laws’.
d.
While
generally agreeing with the list of development activities the Citizens, have the following additional
suggestion:-
· Phase 1 activities included Pucca
houses (designated as Biju Pucca Ghar Yojana, mining, of Rs 1.3 lakh each) is
avoidable since adequate funds are made available from PMAY.
· Similarly, Phase I included
‘Afforestation’, which actually funded by CAMPA through Annual Plan of
Operation by Forest Deptt. Even compensatory afforestation being undertaken in
far off districts like Kalahandi, when actually forests are lost to non-forest
activities here in our districts with multiple adverse consequences.
· Assistance to ESI to make an ESI
Hospital in Joda- Barbil- koida area where our bulk of mine workers, needing
health care, are located.
· Ambulance/ Sick reporting vehicles
are to be positioned in each village, out sourced to one youth in the village.
· OUAT campus at Kendujhar, is to be
established in their present 272 acres of ‘Extension Centre’ with short
knowledge-courses on floriculture, Horticulture, sericulture, medicinal
plantation, cash crops, optimization of water use, farm machineries, organic
farming, and adequate knowledge on plant medicine, GM Crops, soil health, cold
storage etc.
· Veterinary and animal Science
Institution to spread current knowledge on dairy farming, poultry farming,
goatery, Piggery, inland fishery and such other skill for our youth
· A Institution for Heavy Earth Moving
and Mine machinery training in operation and maintenance to create avenue of
employment for our youth.
· Revival of ‘Odisha Tea Plantation
ltd OTPL’ in Banspal Block, which produced best quality leaf tea, 16 years ago,
with our own skilled ‘Adivasi’ labour.
· Institute of Earth science with
faculty in Soil Science, forestry, climatology, meteorology and atmospheric
Science, Hydrology in both surface and underground resources in either NOU
campus or in GCE, Kendujhar, and thus ctreae ‘Centre of Excellance’ in these
fields.
· Incentivize commercially viable Rail
projects by ‘Parking’ some funds through ‘Odisha Rail Projects ltd’ for
Kendujhar, Mayurbhanj and Sundargarh Iron ore belts.
· Completion of Kanupur major
Irrigation project for Upper Baitarani basin, not only supporting Irrigation of
over 48000 Ha, but also provide adequate source of water for the ambitious ‘Tap
Water’ project to rural areas.
·
Upgrading
the power distribution system as well as bring in solar power generation in a
bigger way. Citizens suggest that the entire irrigation canals be given to
installation of Solar panels, like in
Gujurat.
·
Modify
one secondary school in each block, as skill dev school, to utilize the
existing infrastructure, and if possible, out source them.
·
Incentivize
cottage industry: bamboo, pottery/ceramics, Bodi, pickle etc
·
Forest
products (NTFP) marketing facility, mainly honey, lac, Sal leaves and seeds,
orchids, mahua etc.
·
Crematoriums,
preferably ‘electric’, in every village/ GPs, to save our forests, and creation
of ‘Smriti Vatika s’.
·
A
guest house cum village community hall in each village., and restore Tribal
culture.
·
Replacement
of current ‘Huttings’ by proper ‘Mining Villages’, with ideal health and
education and other facilities.
·
Planned
Urbanization with proper and adequate civic facilities.
·
All
weather roads to all villages.
1.On
another RTI query, the PIO,
Director of Mines, Govt. of Odisha has provided
information dated 31.1.20 list of
Mining lease holders with address who paid compensatory penalty as per order
of Supreme Court during 2017,
amount paid each of them with date of
payments. The details
of information is available in the
following link. A total amount of Rs. 15326,63,88,256 has
been collected as compensation and penalty
as per direction of the
Supreme Court.
https://odishasoochana.blogspot.com/2020/03/compensation-and-penalty-collected-from.html
2.As per
press release made
from the Chief Secretary’s office ( reported
in media TOI dt. 17.9.20) , the Projects
worth Rs.1080.92 crore
has so far been sanctioned under
OMBADC in sectors like housing, drinking water, skill development etc. Counter
to this press release, it was found that as per RTI
information provided from
the office of OMBADC
dt. 28.8.20, total amount of Rs. 1143.11 crore
has already been released to
different line departments which
is as follows in details.
|
Sl.No |
Sector |
Name of the Deptt |
Amount released |
|
1 |
Drinking water Supply through piped water ( Rs. 4229.05 + Rs.115.59)= Rs.4344.64 crore |
Panchayat Raj Dept. |
Rs. 445.25 crore |
|
Housing and Urban Development Department |
Rs. 5.72 crore |
||
|
2 |
Education ( including training & Education for Skill Development) Rs. 1941.10 crore |
School and Mass Education Department ( State Project Director, Odisha Adarsh Vidyalaya Sangathan
) |
Rs.72.88
crore |
|
|
|
ST & SC Development ( Odisha Tribal Development Society ) |
Rs. 18.015 crore |
|
|
|
Skill
Development & Technical Education
Dept. ( Odisha Skill Deeelopment
Authority – SANKALP and DTET, Odisha |
Rs. 14.17 crore |
|
3 |
Health ( including Anganwadi centres ) Rs. 2749.65 crore |
WCD &MS ( Strengthening ICDS
in different districts |
Rs. 275.65 crore |
|
4 |
Livelihood promotion (Rs. 53.50 crore) |
Panchayat Raj & WR ( OLM) |
Rs. 10.43 crore |
|
|
|
Dept. of
Agriculture |
Rs. 3.86 crore |
|
5 |
Rural Connectivity (Rs. 524.54 crore) |
Rural Development |
Rs. 30.11. crore |
|
6 |
Environment Protection and pollution control Rs. 21.65 crore |
State
pollution Control Board |
Rs. 1.914 crore |
|
7 |
Water Conservation & Ground Water Recharge and SMC ( Rs. 379.25 crore ) |
Forest & Environment Dept. |
Rs. 64.94 crore |
|
|
|
Housing & Urban Development Dept. |
Rs. 2.13. crore |
|
|
|
Total |
Rs. 1143.11 crore |
1.On RTI Query about details of
decision taken by OMBADC for
fixed Deposits , amount of fixed
deposit in the Bank or
others with name of the
Bank , the following information dt. 27.10.20 was
provided as follows.
In
the meeting of BoD of OMBADC , the administrator of the Personal Deposit Account will
work out the investible
surplus and advise Finance Department for
investment of the surplus balance in 91 days or 182 days or 364 day Auction Treasury Bill ( ATB) .
Accordingly total amount of Rs. 16,455.36 crore has been
invested through ATB.
2.Issues
relating to OMBADC raised
by Keonjhar Citizens’’ Forum.
· There is absolutely no
‘People’s participation’ or ‘Bottoms up’ approach in the perspective
planning and development; as specifically mandated in the Hon’ble SCs’ order on
02 Aug 17.
· OMBADC does not have any group
within itself for Planning for the future and all its actions are bases on
adhoc requirement from Govt Depts. Financial planning is without any discipline
without any legislative approval.
· There is no transparency in the functioning of OMBADC and implementation of programme,. From the
inception OMBADC was treated by Govt of Odisha as just another Public sector
SPV like OMC or any other. The sanctity of an SPV created by Hon’ble
Supreme Court was lost basically for two reasons. Firstly, Govt. of Odisha directed the offending Miners to
deposit the penalty amount in Khorda treasury, instead of in a Public Sector
Bank, as directed in the ‘A & M of Association ‘of OMBADC, specifically
approved by Hon’ble SC. Secondly
because the Chairman and Members of the Board of Directors were only the Senior
Secretary level bureaucrats, with NO representation from the affected
districts. Besides, all high level managers of OMBADC were from Govt of Odisha
on short term deputation. Thirdly,
as per the Finance Secretary of Govt of Odisha, a cheaply available
loan/investment from this big SPV into Govt coffers does not need ‘Lagislative
Sanction’.
Pradip
Pradhan, M-9937843482, Date- 28.5.21
139. Details
of fund sanctioned to KIMS COVID Hospital for treatment of COVD patients in
Bhubaneswar, Bolangir, Mayurbhanj and
Kondhamal
KIMS COVID
Hospital received around Rs. 100 crore for
treatment of COVID Patients in Phulbani,
Bhubaneswar, Baripada and Bolangir
After a long with fight with administration, we have able to access information about details of payments made
to COVID Hospital of KIMS
operation in Bhubaneswar and
other three districts .
|
Name of district |
Date |
Payments |
Purpose |
|||
|
Information dt.
16.4.21 provided to Santosh Mohanty by
Collectorate, Bolangir on KIMS COVID
Hospital of Bolangir |
||||||
|
Balangir |
15.4.20 to30.4.20 (
16 days) |
96,00,000.00 |
Room rent of COVID
Hospital |
|||
|
1.5.20 to31.5.20 (
31 days) |
1,86,00,000.00 |
|||||
|
1.6.20 to 30.6.20 (
30 days) |
1,80,00,000.00 |
|||||
|
1.7.20 to 31.7.20 (
31 days) |
1,86,00,000.00 |
|||||
|
1.8.20 to 31.8.20 (
31 days) |
1,89,00,000.00 |
|||||
|
1.9.20 to 30.9.20
(30 days) |
1,86,00,000.00 |
|||||
|
1.10.20to 31.10.20(
31 days) |
1,49,45,000.00 |
|||||
|
1.11.20 to
30.11.20(30days) |
96,00,000.00 |
|||||
|
1.12.20 to31.12.20(
31 days) |
99,20,000.00 |
|||||
|
Total |
13,67,85,000.00 |
|||||
|
15.4.20 to
30.4.20(16 days) |
1,12,000.00 |
Medicines and consumables for patients |
||||
|
1.5.20 to 31.5.20(
31 days) |
94,500.00 |
|||||
|
1.6.20 to 30.6.20(30
days) |
30,11,750.00 |
|||||
|
1.7.20 to 31.7.20(
31 days) |
26,91,500.00 |
|||||
|
1.8.20 to
31.8.20(31days) |
52,86,500.00 |
|||||
|
1.9.20 to 30.9.20(30
days) |
56,65,750.00 |
|||||
|
1.10.20 to
31.10.20(31days) |
56,27,750.00 |
|||||
|
1.11.20 to
30.11.20(30days) |
32,22,500.00 |
|||||
|
1.12.20 to
31.12.20(31 days) |
14,65,250.00 |
|||||
|
Total |
2,71,77,500.00 |
|||||
|
Grand Total |
16,39,62,500 |
|
||||
|
Information dt.
28.6.21 provided to Santosh Mohanty by
Collectorate, Kondhamal on KIMS COVID Hospital of Phulbani |
||||||
|
Kondhamal |
|
|
|
|||
|
15.4.20 to 30.4.20 |
60,00,000.00 |
Bed Charge |
||||
|
|
11,758.00 |
Patient charge |
||||
|
|
1,63,850.00 |
PPE KIT |
||||
|
|
1,60,000.00 |
Ambulance charge |
||||
|
|
2,29,000.00 |
Staff lodging and Boarding |
||||
|
May, 20 |
1,16,25,000.00 ( Rs.2500 per day X 31 days) |
Bed charge |
||||
|
June ,20 |
1,12,50,000.00 |
|||||
|
July , 20 |
1,16,25,000.00 |
|||||
|
August , 20 |
1,16,25,000.00 |
|||||
|
Sept. 20 |
1,18,50,000.00 |
|||||
|
October, 20 |
94,45,000.00 |
|||||
|
Nov.20 |
66,00,000.00 |
|||||
|
Dec.20 |
68,20,000.00 |
|||||
|
15.4.20 to 30.4.20 |
12,250.00 |
Consumable cost
of COVID patients |
||||
|
May,20 |
3,62,250.00 |
|||||
|
June,20 |
22,68,000.00 |
|||||
|
July, 20 |
22,36,500.00 |
|||||
|
August, 20 |
28,71,000.00 |
|||||
|
Sept.20 |
58,29,500.00 |
|||||
|
Oct.20 |
37,58,000.00 |
|||||
|
November,20 |
21,19,500.00 |
|||||
|
December,20 |
12,09,500.00 |
|||||
|
Total |
10,80,72,323.00 |
|
||||
|
Information dt.
13.5.21 provided to Santosh
Mohanty by office of
Collector, Khurda on KIMS COVID Hospital |
||||||
|
Bhubaneswar KIMS
COVID Hospital |
April and May, 20 |
9,42,48,000.00 |
Bed Charge |
|||
|
|
June |
4,77,00,000.00 |
Bed Charge |
|||
|
|
|
|
Bed Charge |
|||
|
|
July,20 |
4,92,90,000.00 |
Bed Charge |
|||
|
|
August, 20 |
4,92,90,000.00 |
Bed Charge |
|||
|
|
Sept.20 |
4,77,00,000.00 |
Bed Charge |
|||
|
|
Oct.20 |
4,92,90,000.00 |
Bed Charge |
|||
|
|
5.10.20 to 31.10.20 |
45,90,000.00 |
Bed Charge in
the odisha Hospital extension of Rose Garden , KIIT Campus. |
|||
|
|
1.11.20 to 16.11.20 |
27,20,000.00 |
Bed Charge |
|||
|
|
1.11.20 to 30.11.20 |
4,09,50,000.00 |
Bed Charge |
|||
|
|
Dec.20 |
3,53,40,000.00 |
Bed Charge |
|||
|
|
3.4.20 to 30.4.20 |
18,76,250.00 |
Bill for 80 no. of COVID patients |
|||
|
|
May,20 |
37,35,250.00 |
Consolidated
Consumable cost |
|||
|
|
June , 20 |
1,47,58,500.00 |
for treatment of 737 COVID
discharged patients |
|||
|
|
July,20 |
2,56,46,750.00 |
Consolidated
Consumable cost |
|||
|
|
August,20 |
1,97,750.00 |
Consolidated
Consumable cost |
|||
|
|
August, 20 |
3,29,82,750.00 |
Consolidated consumable Cost |
|||
|
|
|
|
Consolidated
Consumable cost |
|||
|
|
Sept.20 |
3,32,89,750.00 |
Consolidated Consumable cost |
|||
|
|
13.10.20 to 9.11.20 |
52,500.00 |
Consolidated
Consumable cost |
|||
|
|
Oct.20 |
2,94,10,250.00 |
Consolidated
Consumable cost |
|||
|
|
November,20 |
1,75,57,500.00 |
Consolidated
Consumable cost |
|||
|
|
Dec.20 |
88,37,500.00 |
Consolidated Consumable cost |
|||
|
|
Total |
58,94,62,750.00 |
|
|||
|
Information dt.
9.9.20 provided to Santosh Mohanty by
office of Collector, Mayurbhanj
on KIMS COVID Hospital |
||||||
|
|
April to August,20 |
8,34,00.000.00 |
Bed Charge |
|||
|
|
May to July, 20 |
2,65,42,000.00 |
Consumable charge |
|||
|
|
Sept.20 |
Bed Charge |
||||
|
|
Total |
10,99,42,000.00 |
|
|||
Pradip Pradhan, M-9937843482, Date-
1.7.21
141.
Odisha Lokayukta and Govt. of Odisha working together to protect high-ranking
corrupt officials
Protection
to Bishnupada Sethy involved in corruption and misappropriation of funds of
Odisha State Cooperative Bank, given by the Lokayukta, Odisha is a
Glaring Example.
While deciding a complaint case
LY-110/2019, a three member bench of Lokayukta headed by its Chairman Sri Ajit
Singh has granted clean chit to Mr. Bishnupada Sethi, IAS, Secretary, Revenue
and Disaster Management, Govt. of Odisha and has also, going out of the way,
showered profuse appreciation on the accused Mr. Sethy for his return of Rs. 3,
27,000.00 to Got. which was taken by him
towards reimbursement medical
bill for treatment of his wife and
father. Besides, Lokayuykta has also taken the view that huge amount money in
the form of incentives, orderly allowances, electricity bill, book allowances
etc taken by Bishnupada Sethy was legally justified too, as he had worked as a
full-time staff of Odisha State Cooperative Bank. But, such conclusion of the
Lokayukta, made in defence of a high-ranking Govt. official Mr. Bishnupad Sethy
is not only factually incorrect, but also legally questionable.
Background
of complaint that was filed in Lokayukta, Odisha
On 1.7.2019, Srikant Pakal ( M- 6370216463) filed a complaint before the
then newly-constituted Lokayukta,
Odisha alleging Illegal drawal of lakhs
of rupees from Odisha State
Cooperative Bank, Bhubaneswar
by Sri
BishnuPada Sethi, IAS during his
tenure as Management-In-Charge ,
OSCB , who happens to be presently working
as Secretary Revenue and Disaster Management , Govt. of
Odisha. Relying on RTI information and statutory
inspection Report of NABARD submitted
to the Registrar of Cooperative
Societies , Odisha , Sri Pakal had
filed this complaint seeking an inquiry
and legal action under the
Prevention of Corruption Act, 1988.
Content
of the Complainant’s allegation
A Statutory Report on Inspection of Orissa State Cooperative Bank
conducted by NABARD u/s 35 (6) of Banking Regulation Act, 1949 basing on the
financial position as on 31.3.2018 along with a note for departmental action was submitted to the
Registrar, Cooperative Societies, Govt. of Odisha, Bhubaneswar. As per the said
Report, Sri Bishnupada Sethi IAS, the
erstwhile Commissioner-cum-Secretary, Cooperation Department held the additional charge of OSCB as its
Management-in-Charge ( MIC) with effect
from 5th February, 2013 and continued upto 2016. There was as such
no legal provision nor any order approved by the RCS, Odisha under Orissa
Cooperative Societies Act, by which a Government Servant holding a substantive
post in the State Government but simultaneously functioning as
Management-In-Charge or Administrator of any Cooperative Society will be
eligible for various financial benefits.
However, it was observed that the
concerned Bank had reimbursed / paid
book allowances Rs. 10,000 per
annum, Electricity/ Energy Bill on actual basis , orderly allowances at Rs. 3000 per month, and above all
Incentive ( vide staff Rule No. 54-A) payable to the employees who are otherwise not eligible for Bonus
not exceeding 45 days salary. Thus, Incentives paid to Sri Bishnupad
Sethy stood at Rs. 1,70,691 for 2013-14, Rs. 1,91,519 for 2014-15 and Rs. 65,
993 for 2015-16. But, the contention of the Complainant was that the MIC not
being a staff member of the
Bank as per the Staff Services
Rules should not have been paid
the amount and the amounts in question
are, therefore considered irregular and instances of corruption..
During his tenure as MIC, Sri Sethi
had got reimbursed medical bills in three phases amounting to
Rs. 9,46,071 towards hospitalization of
his wife and father. There were recommendations from the Government for
reimbursement in two phases in view of the
budgetary constraints of the Department concerned and, as a matter of fact, in one case there was no
recommendation from the Government at all.
Therefore, these were all illegal payments made in favour of Sri
Sethi.
Sri Pakal had also alleged that as per the provisions of
Section 3(2) of Odisha Cooperative Societies Act, the State Government may by
general or special order confer on any person appointed to assist the Registrar
in respect of all or any of the powers of Registrar under OCS Act to be
exercised within such local limit as may be assigned by the Registrar. Under
the Section 3(4) of the OCS Act, the persons appointed to assist the Registrar
shall exercise the power conferred on him subject to general superintendence
and control of the Registrar. As such there were no legal provision nor any order approved by the Registrar,
Cooperative Society by which Sri Bishnupada Sethi or any other Government
Official holding substantive posts under the State Government would be made
eligible for various financial benefits from the OSCB in respect of which they acted as Management-in-Charge or
Administrator.
Sri Pakal
had also further mentioned in his
complaint that “having heard about
these payments made
to Sri Bishnupada Sethi, one of
my RTI Activist-friends had filed an RTI
Application dated 26.11.18 to the PIO, office of Odisha State Cooperative Bank seeking
information about ( a) details of various incentives like orderly
allowances, electricity bill and any
other payment received by him ( month-wise) , (b) provide
information about the details of decision taken by OSCB, (c) details of medical reimbursement bill
submitted by Sri Bishnu Pada
Sethy and the amounts released against the same along with copy of the decisions taken for payment against medical
reimbursement etc. The PIO denied to supply the information under section
8(1)(j) of the RTI Act. However, this
case is pending in the office of Odisha Information Commission for disposal.”
Hearing,
inquiry and disposal of Complaint LY-110/2019 by Lokayukta, Odisha
After perusing the Complaint,
Lokayukta, Odisha issued notice to Sri Bishnupada Sethy to file
Reply. On 14.8.2019, Sri Sethy filed his submission justifying all the amounts taken by him as legal and
appropriate. His series of submissions were
also followed by a series of counter-submissions filed by the
complainant Sikant Pakal before Lokayukta, Odisha. The Rejoinders containing the
Conter-Submissions of Srikant Pakal were as follows.
1.While Shri Bishnupada Sethi , IAS was
holding the post of
Commissioner-cum-Secretary of
Cooperation Department , he managed to ensure the issue of letter No. 908 dt. 5.2.2013 to addressed to the Registrar of Cooperative Societies (RCS) , Odisha by way of putting undue
influence on one of his
subordinate officers i.e., Deputy
Secretary of the Dept. . In the said letter, the Deputy Secretary of
Cooperation Department who
happened to be a subordinate officer under Commissioner-cum-Secretary of Cooperation Dept. had requested RCS, Odisha to appoint
Commissioner-cum-Secretary of
Cooperation Dept. as the
administrator of OSCB IN SERIAL NO. 67 of the list.
As per section 32(1) of the OCS Act, 1962, an administrator can only be
appointed by the
RCS, Odisha in case of suspension
of the elected committee of
management of OSCB . Hence
the said Govt. letter issued
to RCS, Odisha was contrary
to the provision of OCS Act.
The RCS, Odisha though
an officer subordinate to the
Commissioner-cum-Secretary of
Cooperation Dept, did however feel that
he was unable to appoint
Mr. Bishnupada Sethi as the administrator of OSCB
due to legal constraints. However
to circumscribe the legal constraints
the said Officer of the Govt. was
induced to act dishonestly
and without propriety in such a way as to give undue
advantage to Sri Sethi to hold
the post
of Management-in-Charge vide by the issue of an order
on the same day, that is, dt.
5.2.2013. He also unlawfully
assigned local limits to Sri .
Sethy, Commissioner-cum-Secretary of
Cooperation Dept. in respect of Odisha State Cooperative Bank for exercising
power of Registrar
u/s 28 of OCS Act. It is thus
clear that the said appointment was never made following provisions of
Section 3 of OCS Act, 1962.
“ Under
section 3 (1) of the OCS Act , the State Got. is empowered to appoint
a person as Registrar of
Cooperative Societies for the state
and may appoint other officers to assist him. Under
Section 3(2) of OCS Act , 1962 , the State Government may by general
and special order confer on
any person appointed to assist the Registrar of Cooperative Societies in all or any other power
of Registrar under the Act to be exercised within such local limit as may be assigned by the Registrar. Under
section 3(4) of the OCS Act , every person appointed to assist
Registrar shall exercise the powers
conferred on him subject to
general superintendence and control of
the Registrar.”
2.On the face of the letter
dt. 5.2.2013 of the State Government
issued to RCS, Odisha suggesting
appointment of an administrator and the order of RCS, Odisha dt. 5.2.2013 appointing the
Commissioner-cum-Secretary, Cooperation Dept.
as MIC of OSCB are
contrary to the provisions of
Section-3 of OCS Act.
Similarly, when Sri Bishnupada Sethi
was transferred to the Secretary –cum-Commissioner of Dept. of
Fisheries and ARD ON 18.8.2014 , he again
managed to arrange the issue of a letter
to RCS, Odisha to appoint
him again as MIC of OSCB.
The said letter was issued by Cooperation Department vide letter no.
7475 dt. 24.9.2014 and the RCS, Odisha appointed
Sri Sethy , Commissioner-cum-Secretary, Dept. of Fisheries and ARD
as MIC of OSCB by issuing a letter dt. 30.9.14 and the issue
of all these letters violated the statutory provision, that is, Section
3(2) of OCS Act.
3.As to the provision
mandating the MIC ( Management
–in-Charge ) to work under
general superintendence and control
of Registrar of Cooperative Societies Odisha, Sri Sethi
submitted before Lokayukta
that functioning of MIC of OSCB has been exempted under
Section 123 of OCS Act. This claim of Sri Sethy is a false one as stated by Srikant Pakal in his counter-submission, in
which the definition of Section 123 of OCS
Act was given as follows- .
“ Power to exempt Class
of societies- The State
Government may by general or special order exempt
any society or any class of societies other than
cooperative credit Societies from
any of the provisions of the Act or
may direct that such provisions shall apply to such society or class of societies with
modifications as may e specified in the
order”. The word
Cooperative Societies has been
defined in section -2 (c-2) of OCS Act, 1962
which includes Odisha State Cooperative Bank , District Central
Cooperative bank , PAC, SCS, LAMPCS & FSCS . “
4.As to the allegation of
undue payments of huge incentives to him from the OSCB, Sri
Bishnupada Sethi , IAS
justified it in view of Section 56(g)
of OCS Act that provided for
payment of honorarium to members
of committee of management of OSCB
for rendering specific services not
exceeding 10 % of the net profit for the
year, such payment being thus
permissible to him as Management-in-Charge of OSCB, he had availed honourarium in shape of incentives under
provisions of section 56(g) of OCS Act.
The counter –submission of
the complainant was that
under provision of Sections 29(2)(h)
and 56(2)(g) of OCS Act , the General body is empowered to approve distribution of net profit,
which also includes payment of
honorarium to committee members. Distribution of net profit must be
made by General Body within the budgetary allocation. But
Sri sethi during his tenure as
Management-in-Charge had unlawfully and illegally
availed incentives
applicable for the paid employees of the Bank
by abusing his official
power. His claim of availing incentives has not
been approved by the General body
of OSCB while distributing / appropriating profit
under Section 29(2)(h) of the OCS Act. Misusing his power and position, Sri
Sethi has availed the
benefits from the Bank. Similarly, Sri Sethi has illegally availed the book grant, orderly
allowances , electricity bill
etc. and taken lakhs of
rupees against the same.
5.In respect of availing electricity
bill, Sri Pakal had submitted before the Lokayukta that Sri Sethi
as Commissioner –cum-Secretary
of Cooperation Dept and
Dept. of Fisheries and ARD was
availing Govt. quarters and no
allotment was made by OSCB
for providing residential
accommodation to the MIC. The electricity / energy bill of the Govt.
quarter is borne by the occupants as per Govt. Rules. No such Rules or order
either by Govt. or by the OSCB had never been framed
for payments of electricity / energy bill enjoyed by Bishnupada Sethi in his Govt. Quarter for which
the same could be reimbursed by OSCB.
In the absence of any
Government Rules or any provision under OCS Act
and Rules, the reimbursement of
electricity and water tax of
the Government quarter occupied by Sri Sethi was an
illegal act which constitutes
misconduct under All India Service
Conduct Rules and liable to be punished.
6.As to the allegation on
the availing orderly allowances @Rs. 3000.00 per month
by Sri Bishnupada Sethi ,
IAS as MIC of OSCB,
Sri Pakal had alleged that there was neither any decision of OSCB nor any
approval of RCS, Odisha to make
any payment to MIC towards orderly
allowances. As Sri Sethi
was holding a substantive civil post
as Commissioner-cum-secretary
of Cooperation Dept. , he was not eligible as such to avail such payments. As
regards the resolution of the executive committee of OSCB
dated 4.8.2010 referred by Bishnupada Sethi in justification
of his eligibility to avail such
benefits , Sri Pakal had submitted
that the said resolution was made to make payments at the enhanced rate of Rs.
3000.00 per month towards the
orderly allowances to the
officers of the Bank. The said resolution of the EC
was never approved by the RCS, Odisha which is mandatory under Sections 28(1)(a)(viii) and 33-A of OCS Act . The Word
“Officer” has been defined under
Section -2(g) of OCS Act and is as such confined to the paid
employees of the Bank.
Sri Sethy as MIC was
not a paid employee of the Bank.
7.As regards
reimbursement of medical
Bill, Sri Srikant Pakal
had alleged that Sri Sethi was holding
the post of Commissioner-cum-secretary of Cooperation Department as well as MIC of OSCB till 18.8.2014. Abusing his official position as
Commissioner-cum-Secretary of Cooperation Department he managed the issue of a letter to Managing Director,
OSCB vide letter no.
2903 dated 3.4.2014 ( Just a few days after
joining as MIC ) for
reimbursement of medical claim of
Rs. 1.5 lakh for treatment
of his father and as MIC he illegally availed
the said amount from OSCB
and made illegal financial gains.
Similarly, while he was working as Commissioner-cum-Secretary of
F&ARD department, his office had issued the letter no. 8856 dt.
22.7.2015 through one of his
subordinate officers to MD,
OSCB for
reimbursement of Medical bill
of Rs. 1.34 lakh for
treatment of his father
at Apollo Hospital , Bhubaneswar.
As MIC of OSCB , he
abused his position and illegally
availed Rs.1.34 lakhs
from the OSCB. There was no budgetary allocation approved in the General
body for the disbursement of the said
medical bills in favour of MIC.
Even there was no sanction
of RCS, Odisha for payments of medical bill and incentive/ honourarium to MIC
, since the MIC is subject
to superintendence and control of RCS, Odisha.
8. After hearing
of both sides , on 5.1.21.,
the Lokayukta passed the order appointing
its Director of Inquiry
as Inquiry officer
to conduct preliminary inquiry into
the allegations so dvanced and to
produce the report
within two months. At the time when the order was being passed,
the learned counsel for Bishnupada Sethy made
the submission before Lokayukta for return of the whole
amount, which was seriously
objected to by Justice
Ajit Singh , Chairman of the
Lokayukta.
9.During the inquiry, clandestine efforts were
initiated at the bureaucracy
level to protect Bishnupada
Sethi and the inquiry officer
was influenced to prepare
the report accordingly.
The Director of Inquiry
submitted their report
before Lokayukta, Odisha in April, 2021, which was however not shared with the
Complainant despite the latter’s
request for obtaining a copy the
report. In the final order of the
Lokayukta dt. 6.7.21 ( day of adjudication of the case) ,
the following observation was found there in, “ considering the
inquiry report, the Lokayukta
is of the view that Sri Sethi , as a Government Servant was
engaged whole time in connection with the affairs of OSCB. Even the Minister,
Cooperation in his comments has confirmed that Sri Sethi worked for full-time
in OSCB”. However, it was factually incorrect. In his submission before Lokayukta, Sri
Sethi has never made submission that
he had worked full time in OSCB. Rather he had justified the appropriation of all benefits citing
OCS Act and Rules. Further Sri
Sethi being Secretary Cooperation Department and Fisheries Department never
worked whole time in OSCB as he was drawing salary and other perks from
Government of Odisha during the relevant period.
10.The Director
of Inquiry gave his finding that
Sri Sethi has been lawfully reimbursed
medical bill amounting to Rs. 3,27,00,000 on different occasions from the Bank
after receiving permission from the Govt.
However, it is to be noted that the
money of OSCB is not Govt. money.
The Govt. is in no way concerned with
the financial matter of the Bank
and can not dictate its terms to
the Bank. In respect
of any decision on financial
matter , the approval
of the General Body and RCS, Odisha is mandatory.
In the matter
of reimbursement of medical Bill
to Sri Sethi , neither General body nor RCS, Odisha
has approved it. The question thus arises, how, the
inquiry officer prepared
such a false report without looking
into legal provisions of OCS Act and
Rules.
11.The Lokayukta , Odisha with a view to give undue protection to Sri
Sethi deliberately and out of the way appreciated Sri Bishnupad Sethi for returning
the entire amount of Rs. 3,27,00,000 to the Bank
as a gesture of good will. But,
the next question arises, if he has
taken the money legally and
inquiry report has justified it, the need for returning the
money didn’t arise at all. It
shows that a secret understanding between Lokayukta and State Govt. with the full knowledge of Sri Bishnupada
Sethi was made, to the effect that Sri
Sethi would return the amount and
Lokayukta would appreciate it and refrain from passing any critical order against
Sri Sethi . In a nutshell
the inquiry report and subsequent order of the
Lokayukta were the
result of an unholy nexus and secret understanding between the above mentioned
rhree actors.
11.Moreover it is
ridiculous that Lokayukta has
requested the State Got. to pay back the money of the medical
bill which Sri Sethi had appropriated illegally and after
a long was forced to
return it .
12.The comments
of the Lokayukta in its Order that “ there was no
denial by the complainant that Sri Sethi was
not whole time engaged in connection with affairs of OSCB “ is
factually wrong and objectionable. The so-called
inquiry report was
neither shared nor quoted verbatim during the hearing of the
case by the Lokayukta, Odisha. Nor the Lokayukta has sought any views from
the complainant about it. The Lokayukta
has deliberately mentioned the above the above only to defame the Complainant
and to protect Sri Bishnupada Sethi from any blemish in the matter.
13.Relying thus completely on a make-believe and secretive
inquiry report, Lokayukta stated
that Sri Sethi was clearly
entitled to receive a bonus under
Section 56 (2)(f) of OCS Act,
1962 and rejected the allegation made against Sri Sethi for receiving the undue financial benefits from OSCB by
misusing his position and
authority.
14. We appeal for
instituting a high power independent inquiry committee to unearth facts around
illegal payments made to Sri Bishnupada Sethi.
Pradip Pradhan , M-9937843482, Date- 12.7.21
142. No
information about development projects undertaken in KOTIA Gram Panchayat is
available in any office including office of Chief Minister, Odisha
When the
issue of Andhra Pradesh holding Panchayat election in Kotia GP under Pottangi block of
Koraput district looms large, the
opposition political parties and various
Civil Society Groups displayed
strong reaction against Andhra
Pradesh and demanded
that Got. of Odisha must take
steps to stop Panchayat Election to be conducted by Andhra
Pradesh.
In the
midst of political high drama , Sri Naveen Patnaik, Chief Minister, Odisha ,
while suddenly laying foundation of
so many projects for all
round development of Kotia Gram
Panchayat through video conferencing on
6.2.21, declared that
Rs. 150 crore had been utilized
for development of Kotia GP
and declared new projects worth Rs. 18 crore for
the said Panchayat.
To
verify authenticity of
Information as declared by Chief Minister, multiple RTI Applications were filed
to different Govt. offices to
access said information.
the information sought for is
as follows.
|
Date of Filling RTI Application |
Name of Office
in which RTI was filed and
details of information
sought for |
Response of
PIO ( Public Information Officer ) |
|
8.2.21 |
office of
the Collector, Koraput Information
sought for · Provide
list of the projects undertaken for
which Rs. 150 crore has been
utilized or projects
on-going in Kotia GP.
(Year-wise). · Provide
list of the projects declared by Chief Minister
to be undertaken with financial provision of Rs. 18 crore and date of sanction of amount for each
project. |
24.2.21, the
PIO, office of DRDA, Koraput sent a
letter stating that
there is no project proposal /
estimates received in connection with Development works at Kotia Gram Panchayat since 2015 to till date covering the amount of Rs. 18 crore and Rs. 150 crore. It means
no such any project
has been undertaken so far. |
|
6.3.21 |
Office of
BDO, Pottangi Block of Koraput
district Same information as mentioned above was sought for |
On 30.3.21.,
the PIO sent
a reply stating that “ Out
of Rs. 150 crore served
by Hon’ble Chief Minister, Odisha
in Kotia GP for development work , no amount has been
spent by this Panchayat
Samiti. The expenditure
made for development
work so far is made by
the Executive Engineer , R&B, Koraput , Executive
Engineer , RD, Sunabeda and PA, ITDA , Koraput. |
|
20.3.21 |
Office of
Chief Minister , Odisha RTI
Filed by Prakash Ch. Das,RTI Activist ,
Kendrapara seeking same above mentioned information. |
On 25.3.21, PIO
declined to provide
information and forwarded
RTI Application to Dept.
of panchayat Raj with
request to supply the
information. On 12.4.21, the PIO, Dept. of Panchayat Raj said
that information is not available and
forwarded RTI Application to the PIO, office of BDO, Pottangi to supply
information. On 19.5.21, The PIO, office of BDO, Pottangi
responded that the
said information is not available. But suggested to seek information from Executive
Engineer , R&B, Koraput ,
Executive Engineer , RD, Sunabeda and PA, ITDA , Koraput. |
|
20.4.21 |
Office of
ITDA, Koraput Same information as mentioned above was sought for |
On 2.7.21,
the PIO replied
that Only Rs. 101.50 lakh has been
sanctioned for construction of 100 seated
boys’ hostel at Kotia UGAS and
Installation of Elevated water storage tank at Kotia UGAS. |
|
20.4.21 |
Office of Executive
Engineer , RD, Sunabeda,
Koraput |
On 13.5.21,
the PIO replied that “ details of projects
taken up as declared by Chief Minister under 150 and 18 crore
rupees are not
available in this division .
But provided list of total no. of 15 projects
sanctioned at the cost
of Rs. 6967.91 lakhs in Kotia .
|
|
20.4.21 |
Office of Executive
Engineer , R&B, Koraput |
Though 3 months passed, the PIO did not
supply any information. It means no such information is available with them. |
The
claim of Chief Minister
about expenditure of Rs. 150
crore for Kotia development in the last five years and
sanction of Rs. 18 crore
is found false and far
from truth.
Pradip Pradhan,
M-9937843482, Date- 23.7.21
143. Rs. 17 crores
spent for Repair and Renovation work in Raj Bhawan, Odisha
On 20.6.21, RTI Application was submitted to the PIO, office of
Governor’s house seeking the
following information.
List
of Projects / work undertaken for new construction, renovation,
maintenance of Governor’s house and adjoining
buildings and quarters and
expenses for each work/ project (
Year-wise).
RTI Application was forwarded
to the
PIO, office of Executive Engineer, Bhubaneswar (R&B) Division No.-IV
, Bhubaneswar for supply
of information. On 2.8.21, the
PIO supplied the information.
The following is the
details of year-wise expenses
made for
arious works undertaken
for new construction,
renovation, maintenance of Governor’s
house and adjoining buildings
and quarters relating to officers
a nd employees of Raj Bhawan.
|
Year |
Total work/ project
undertaken |
Total expenses
( In Rs.) |
|
2015-16 |
102 |
1,64,62,500.00 |
|
2016-17 |
104 |
2,62,60,900.00 |
|
2017-18 |
116 |
3,70,43,507.00 |
|
2018-19 |
160 |
2,51,05,747.00 |
|
2019-20 |
148 |
3,54,32,570.00 |
|
2020-21 |
79 |
2,88,08,675.00 |
|
|
Total |
16,91,13,899.00 |
Expenses for
construction of Abhishek cum Banquet
Hall at Raj Bhawan, Bhubaneswar
|
2017-18 |
Rs. 1,66,00,307.00 |
|
2018-19 |
Rs. 40,77,247.00 |
|
2019-20 |
Rs. 28,38,670.00 |
|
2020-21 |
Rs. 1,60,37,075.00 |
|
Total |
Rs. 3,95,53,299.00 |
Pradip Pradhan , M-9937843482, Date- 19.8.21
144. Why KIIT comes
under purview of RTI Act !
- Introduction
Kalinga Institute of Industrial Technology
(KIIT) is a famous private Institution/ organization spread over more 120 acres
of Govt. land which has been leased out
by Government of Odisha within
period of 15 years. Though the Government has leased out land to this
organization, it has also encroached huge land and acquired the Government land
through fraudulent means as per CAG Audit report-2013. Besides
that it has taken
a lot of monetary benefits
from the Government to run
the institution in terms of obtaining
NOC from IDCO to get
loan from nationalized banks, Govt. projects, infrastructure development, MPLAD and MLALAD fund etc. With Govt. land and monetary support, this organization has
developed huge infrastructure and multiple educational institutions for
business purpose. As claimed by Sri
Achyut Samant, founder of KIIT, the KIIT
deemed University , Kalinga Institute
of Medical sciences (KIMS) are
the institutions of national repute rendering
public service in the state of
Odisha.
- Applicability of RTI for KIIT- A long fight
In 2014, CAG Audit Report on Allotment of land
by GA Department, IDCO, BDA was
placed in the Odisha assembly. It
exposed huge irregularities and
illegalities in allotment of land
in Bhubaneswar and
favoritism shown to some
people and land acquired by KIIT
through fraudulent means.
Prior to this report, RTI Activists in Odisha
has brought to limelight huge
land allotted to KIIT and KISS ( Kalinga
Institute of Social Sciences ) in
Bhubaneswar run by Achyut Samant.
To understand
functioning of KIIT organization
, multiple RTI Applications were
filed by many RTI Activists in the office of KIIT, Patia, Bhubaneswar seeking
information about relatives of
Govt. officers and employees working
in KIIT , retired officers and employees appointed in
KIIT , various Govt. support mobilized by
KIIT to run the institution etc.
The PIO of the KIIT denied to supply
the information on the ground that
it is not the state
within the scope
of Article 12 of the
Indian Constitution. So it does not come under RTI Act.
The Appellant of this case (Pradip Pradhan, RTI Activist, Bhubaneswar)
had filed RTI Application dt. 1.9.2014
to the PIO, office of KIIT seeking the
information about retired Govt.
employees working in KIIT. Ms. Smita
Mohanty, Senior PIO rejected RTI Application vide Form-C dt. 29.9.14 by stating
that “ Kalinga Institute of
Industrial Technology is a society registered under the Societies Registration Act and a self-financed private deemed university. KIIT is not a state or authority
under Article 12 of the
Indian Constitution. Then, the First appeal dt. 7.10.14 was
filed before FAA of KIIT, Bhubaneswar. On rejection of first appeal, Second
Appeal was filed in the office of Odisha
Information Commission alleging that “
the PIO erred in rejecting
his application by referring
article 12 of the
constitution which was not relevant
in this context. Further, as
per definition of “ Public Authority” provided under section 2(h) of the RTI Act, the
same includes “ any Non-Government Organization , substantially financed ,
directly or indirectly
funds provided y the appropriate Government. As KIIT was
being directly or indirectly funded
by the appropriate Government ,
it would have to be deemed as a public authority under
section 2(h)(d) (ii) of the RTI
Act.
3. Hearing in Odisha Information Commission
The
Second Appeal case was
registered as SA No. 228/2015 and
Sri Sunil Kumar Mishra, State Chief Information Commissioner
started initial hearing from 15.2.2017 and ended
on 5th August, 2021.
Within period of 5 years,
the Commission conducted around 20
hearings seeking from both parties their
submissions and counter –submissions
whether KIIT would come under
ambit of definition of
Public Authority as per section 2(h)(d)(ii) of the RTI Act.
- Argument
of Authority of KIIT
Shri
Rabindra Nath Das, Secretary, KIIT
submitted that KIIT
was not a Public Authority as per definition given
in section 2(h) of the RTI Act as
it had not been established or
constituted ( a) by or under the constitution, (b) by any other law made
in parliament, or (c ) by
any other law made by
the state legislature.
It was also neither
established nor constituted
by any notification issued
or order made by
the appropriate Government , nor substantially
financed by funds provided
by the appropriate
Government. On the contrary,
KIIT was a society of private
persons registered under Societies Registration Act. And set up
with the objectives of establishing and running educational institutions.
The Union Government in the Ministry
of Human Resource Development in
exercise of power conferred
under section 3 of the U.G.C. Act, 1956 declared KIIT
vide notification dated
16.2.2004 as a “Deemed
to be University” for the
purpose of UGC Act. He
also referred Karnataka High
Court Judgement dated
30.11.2015 in WP Case No. 25114
of 2009 dealt with the question whether
or not the RTI Act would be applicable
to the Manipal deemed
University. The Court
observed that “ it would have
to be accepted that the petitioner
is a “Deemed to be University” and recognized as
such under the U.G.C.
Act . However, unlike a regular
University established under a statute i.e., either under
Central Government or State
Government Act. It could
not be confused with any other university. It was further held by the
hon’ble court that
the petitioner University was neither
controlled nor financed by the State Government and it was certainly a
private institution with its own management and control
and there fore same could not be
brought under the purview of RTI Act.” The Secretary, KIIT argued that
In the light
of this judgment, KIIT as
deemed to be University should not
come under RTI Act .
The
Appellant ( Pradip Pradhan)
submitted plethora of documents
obtained under RTI from various
public authorities about details of
support in terms of land leased
out to KIIT , KIMS , Financial support
obtained for infrastructure development , projects etc. to justify how
KIIT is substantially financed.
5.
Hearing, Inquiry, verification and analysis of
Data by Chief Information
Commission.
A. Initially , it was observed
by the Commission that
response to the RTI Application submitted on 1.9.2014 was
given by Ms. Smita Mohanty , a senior Public Information officer of KIIT
University. Although there is no
such designation as senior PIO
in the Act, , the reply indicated
that KIIT is consciously
treated as Public Authority by their administration. Accordingly, the senior PIO
rejected RTI Application sending
Form-C ( intimation of rejection) dt.
29.4.2014 stating that
if the applicant is aggrieved , he could file first appeal
before First Appellate Authority of KIIT university with 30 days.
The Commission observed that
this response of PIO indicated that KIIT
is a Public Authority and
the PIO has acted
accordingly complying
provisions of RTI Act.
B. On 29.4.21, the senior PIO of KIIT rejected
RTI Application on the ground
that “ KIIT is not the state or authority
under article 12 of the
Constitution of India”. Concededly, on
same day
the Hon’ ble Odisha High Court
decided the Writ Petition in WP( C) 171/2011 in the case of Dr. Uttam Kumar Samanta VS KIIT University and held
that KIIT being creature of
statute and also discharging a public duty
came well within
the meaning of “State”
under Article 12 of the Constitution of India. The ground adopted by the PIO
of KIIT for rejecting
appellant’s application for information had been negated by the Hon’ble High
Court on the very date of rejection of
RTI Application. The Hon’ble High Court
also observed that KIIT
University appeared to have brought
itself under the fold of the Right to
Information Act , 2005 and Odisha RTI
Rules, 2006.
C. Section 2(h) of the
RTI Act has defined the Public Authority which is a follows.
“ Public
Authority” means any
authority or body or institution of self-government established or constituted;
(a)
by or under
the Constitution
(b)
by any other law
made by the Parliament
(c)
by any other
law made by the
State Legislature;
(d)
by notification issued
or order made by the
appropriate Government and
includes any-
(i)
body owned, controlled or substantially financed ;
(ii) Non-Government
Organisation substantially financed, directly or indirectly by funds provided
by the appropriate Government.
D.In the
context of question whether KIIT is an authority under Article 12 of the
Constitution of India , the
Commission has referred the decision of Hon’ble Supreme Court of India in the case of Ramana Dayaram Shetty
vrs International Airport
Authority of India , AIR 1979 SC 1628
in which the determining
factors of a state or an authority under Article 12 of the Constitution of India were laid down as
under-
a.
If the share capital of the corporation is held
by the Government , it would go on to indicate the Corporation as an instrumentality or agency
of the Government.
b.
Assistance from the
State in order to meet
the financial expenditure of the Corporation is an indication of the
corporation being
impregnated with a Government character.
c.
The monopoly
status must either be state conferred or state protected.
d.
The State must
have a deep and pervasive control over the affairs.
e.
The functions
of the entity must be of public importance.
f.
A separate
Department of the Government must be transferred to the Corporation.
The Commission has further
elaborated that the function of
the entity being of public importance is one of
the tests laid down by the
Hon’ble Supreme Court. The
Commission has referred “ Public Functions Doctrine”
in Black’s Law Dictionary. It is
stated that Private Persons’ actions
constitute state action
if the private persons
perform function that are traditionally reserved
for the state. “ Government- Function theory “ or “ Public Function Rationale”
have been referred to as the principle
by which private conduct is
characterized as State Action, especially for due
process and equal protection
purpose, when a private party is
exercising private function.
E.The Commission has also
made reference of
decision of High Court, Odisha
( this
order of High Court was
presented before Commission during course
of hearing ) in the
case of Uttam Kumar
Samanta vrs KIIT
University and others. The
High Court held that the
KIIT University as a
State under Article 12 of the
Constitution of India in view of the fact that being
a Deemed University , the University
was the creature of the statute
and it was also performing public duty.
F.The
argument “that as
because KIIT deemed University is the
State within meaning of the
Article 12 of the
Constitution of India , it should
come under purview of definition of
public Authority under RTI
Act” does not hold same thing as
establishing or constituting
a body or institution under constitution or by
or under any law of
the Legislature as per section
2(h) of the RTI Act. The Supreme Court
held in the Thalappam case “We can…..
draw a clear distinction between a body
which is created by a
statute and a body which
after having coming into
existence is governed in accordance with the
provision of a statute.” The
Hon’ble Supreme Court observed it in the context of the Kerala Cooperative
Society Act. The Court held
that the concerned
societies which are governed by the
societies Act are not
statutory bodies but only body
corporates within the meaning of section 9 of the Kerala Cooperative Societies Act. In the
light of this judgment,
deemed University status of KIIT
does not by itself make it into a public authority within the meaning of
Clause (d) of Section 2(h) of the
RTI Act. G. Then, the Commission has examined whether KIIT
will come under
section 2(h)(d)
(i)
Body owned ,
controlled or substantially financed;
(ii)
Non-Government
Organization substantially financed, directly or indirectly by funds provided
by the appropriate Government.
While
defining three words “owned” , “controlled” or
“substantially financed”, the
Commission has completely relied
on decision of Supreme
Court in
the case of Thalappalam vrs State
of Kerala reported
in 2013 (11) CLR (SC)881. The
Court has held that
“ We are
of the opinion that
when we test the meaning
of expression “ controlled
which figures in between
the words “ body owned” and
substantially financed” , the control by the
appropriate Government must
be a control of substantial nature. The mere “supervision”
or “regulation” as such by a
statute or otherwise of a body
would not make that body a
“ public authority” with the meaning of
Section 2(h)(d)(i) of the RTI
Act. In other words, just like a body
owned or body substantially financed by the appropriate Government, the control
of the body by the appropriate Government would also be substantial and not
merely supervisory or regulatory. The
power exercised by the
Registrar of Cooperative Societies
and others under the
Cooperative Societies Act are
only regulatory and supervisory in nature , which will not amount
to dominating or interfering with
the management or affairs of the society so as to be controlled. The management and control
are statutorily conferred on the management Committee
or the board
of Directors of the
society by the respective Cooperative Societies Act and not on the authorities
under the Cooperative Societies Act. We are , therefore of the
view that the word “
controlled” used in section 2(h)(d)(i) of the
Act has to be understood in the
context in which it has been used vis-a-vis
a body owned or
substantially financed by the
appropriate Government, that is,
the control of the
body is such a degree
which amounts to substantial control over the management and affairs
of the body.”
In view of this judgment, the
commission considered that
KIIT cannot be
treated as public authority under section 2(h)(d)(i) of the RTI Act.
H.Then, the
Commission finally examined whether KIIT
would come under section 2(h)(d)(ii) of the RTI
Act. This section exclusively relates to “non-Government
Organisations substantially financed, directly or indirectly, by funds provided
by appropriate government”. While
finding out meaning of “substantially financed”, the Commission has taken clue
from Black’s Law Dictionary (6th
Edn.) and Shorter Oxford English
Dictionary (5th Edn.). In the Black’s Law Dictionary, the word
“substantially” has been defined as ‘of real worth and importance; of
considerable value; valuable. Belonging to substance; actually existing; real :
not seeming or imaginary; not illusive ;
solid; true; veritable. Something worthwhile as distinguished from something
without value or merely nominal.
Synonymous with material. In the Shorter Oxford English Dictionary, the
word ‘ substantial’ has been defined to mean
“of ample or considerable
amount of size; sizeable, fairly
large; having solid worth or value, of real significance; solid;
weighty; important, worthwhile; of an
act, measure etc. having force or effect
, effective , thorough.
The
Commission has also made
reference of few
judgements of the courts
to bring more clarity
on ‘ substantial funding’. The Hon’ ble Punjab and Harayana High
Court in the case of Hindu Urban Cooperative bank Ltd. 2011 observed that -
‘Taken
in the context of larger public interest, the funds which the Government deal
with are public funds. They belong to
the people. In that eventuality, wherever public funds are provided, the word
‘substantially financed’ can not possibly interpreted in narrow and limited
terms of mathematical calculation and percentage (%). Wherever public funds are
provided, the word ‘substantial’ has to be construed in contradistinction to
the word ‘trivial’ and where the funding is not trivial
to be ignored as pittance, then to me , the same would amount
to substantial funding coming
from the public funds. Therefore, whatever benefit flows to the
petitioner-institutions in the form of share capital
contribution or subsidy, land or
any other direct or indirect
funding from different fiscal
provisions for fee , duty, tax etc. as depicted
hereinabove would amount to
substantial finance by the funds
provided directly or
indirectly by the appropriate
Government.”
In the
case of the Registrar, Thiagarajar College of Engineering (2013), the Hon’ble
Madras High Court did not attach much of significance
to the quantum of funds. Instead, the
Hon’ble High Court attached more
significance to the nature of functions performed by the
organization. If the functions
are public and if
organization is receiving
government grants, the High
Court held that these should
suffice to consider the body
or organization as public
authority. The relevant part of the judgment is presented below.
“ once public money is
paid to the college for the purpose of
imparting education and when
public policies towards implementation of achieving social justice is sought
to be enforced in any educational
institution, by the state , then it is incumbent on the educational authorities
to implement the same, and that
no college can be permitted to take a
defense that it does not
come within the purview of the
Act, and that the Public Information Officer can not issue
any direction to the college
to disclose any information to the applicant. Such a stand would defeat
the very purpose and object of
the RTI Act.” Xxxx The Court
is of the view that the quantum
of grant does not always decide applicability of the provisions of the RTI Act, to an educational
institution or any other body established
or constituted as defined
under section 2(h) of the RTI Act
, but it should be referable to the
activity carried on by such entities , involving public interest and public duty which includes an educational institution.”
The
Commission has also referred that the Hon’ble Orissa High Court in the case of North East Electricity Supply
Company of Odisha , 2009 linked Public authority with
public function. In the case of
Thalappalam Service Cooperative
bank and others vs Director of Public Instructions & Others,
the Supreme Court observed that
“The word ‘substantial’ is not synonymous with ‘dominant’ or ‘majority’.
It is closer to ‘material’ or ‘important’
or ‘of considerable value’. ‘Substantially’ is closer to ‘Essentially’.
Both words can signify varying degree depending on the context”.
“Merely providing subsidies, grants , exemptions , privileges etc.
as such, cannot be said to be providing funding
to a substantial extent,
unless the record shows that the
funding is so substantial
to the body which
practically runs by such funding and but for such funding, it would struggle
to exist. The state may also float many
schemes generally for
the betterment and welfare of the
cooperative sector like deposit
guarantee scheme, scheme of assistance
from NABARD etc. but those facilities or
assistance cannot be termed as ‘
substantially financed’ by the state government
to bring the body within the fold of ‘public authority” under section 29h)(d)(i) of the RTI Act. But there are instances, where private
educational institutions getting
ninety-five per cent grant –in-aid
from the appropriate Government ,
may answer definition of public
authority under section 2(h)(d)(i) of
the RTI Act.”
In the
DAV college Trust Case, the Hon’ble Supreme Court elucidated the term
“substantial financed’ as under;
In our view,
“substantial funding” means a large portion. It does not necessarily have to
mean a major portion or more than 50%. No hard and fast rule can be laid down
in this regard. Substantial financing
can be both direct and indirect. To give
an example, if a land in a city
is given free of cost or on
heavy discount to hospitals, educational
institutions or such other body, this
in itself could also be substantial
financing. The very establishment
of such an institution, if it is dependent on the largesse of the state in
getting land at a cheap price, would mean that it is substantially financed.
Merely because financial contribution of the state comes down during the actual
funding, will not by itself mean that the indirect finance given is not
to be taken into consideration. The value of the land will have to be
evaluated not only
on the date of allotment but
even on the date when the question arises as to whether
the said body or NGO is substantially financed.
Whether an NGO or body
is substantially financed by the government is a question of fact which has to
be determined on the facts of each case. There may be cases where the finance
is more than 50% but still may not be
called substantially financed. Supposing
a small NGO which has a total capital of Rs. 10,000/- get a grant of Rs. 5000/- cannot be termed as substantial
contribution. On the other hand , if a
body or an NGO gets hundreds
of crores of rupees as grant
but that amount is less
than 50%, the same can still
be termed to be substantially funding.
J.
From
these two judgements of the Supreme Court , the Commission
finds that mere grants or
exemptions or privileges as such would not
amount to substantial
funding. Even majority funding would not mean substantial funding. In order that the funding can be considered
as substantial, the same ought to have a bearing on the existence of the
non-Government organisations. If an organisation could not have been set up but
for support from the appropriate Government or but for the discounts /
subsidies received from the appropriate Government; and, conversely, if
withdrawal of the support would adversely affect the existence or running of
the organisation, the expression ―substantially financed‖ would be applicable
irrespective of the amounts. It is the nature and quality of the funding rather
than its quantity, and the possible consequence of non-funding which are more
relevant than the amounts per se.The judgement of the Hon‘ble Supreme Court in
the DAV College Trust case is significant because it has widened the scope of
‗substantial financing‘ in order to
include such assistances as allotment of land free of cost or at heavy
discount. The Hon‘ble Court held that if the entity depended on the largesse of
the State in getting land at cheap price, it will be treated as substantially
financed by the State, irrespective of the extent of actual financing or
contribution. In fact, the Hon‘ble Court went on to hold that in order to find
whether land was given at cheap price or heavy discount, even the value of land
on the date when the question arises whether the body or NGO is substantially
financed will also have to be evaluated.
K.
In the
light of the above-mentioned Supreme Court
Judgement on DAV College Trust, the
Commission takes “largesee
factor” as key determining
factor for consideration whether KIIT
would come under RTI Act. The Commission made thorough analysis of the
data/ information provided by the appellant in the course of hearings
about details of benefits in terms of land and
financial support received by KIIT
from Government. During course of
hearing, it was argued by the Appellant that KIIT i.e., respondent Institution
has got huge extents of land from the Government, through leases or otherwise,
and at subsidised rates; and that if the lease arrangements are withdrawn, the
institution would struggle to exist. In this case, the appellant has referred
to Government land including forest land encroached upon by KIIT, subsequent
regularization of such encroached and unauthorisedlyused land by the
Government; land taken on lease from the Government indirectly i.e. on the
Government agreeing to mutual transfers of the land which had been leased out
earlier to other private entities; availing of such land, whether directly or
indirectly (through mutual transfer) at less than market rates and many times
on soft-loan arrangements; KIIT using such lease-hold land for getting
finance / loans from banks and others etc. The appellant has also drawn
attention of the Commission that KIIT
got such huge extent of land at cheap and throwaway prices
referring to certain objections raised
and observations made by Audit which find place in the C&AG Report, and to
the present market values of these land which are phenomenally higher. The
appellant has further submitted a few
documents in support of the present bench mark-values of land and has argued that the judgement of the Hon‘ble
Supreme Court in the DAV College Trust case would squarely apply. Apart from
referring to land used through the encroachment mode or land taken on lease,
the appellant has also pointed out several grants and financial assistances
which KIIT received from the Governments or their
agencies from time to time; the other subsidies, scholarships etc. which were obtained under RTI from the appropriate
Government in some years and to the Income-tax exemptions availed by the
said institution year after year.
L.
The Commission first analysed the issue of
encroachment of 18.100 acres of forest land
by KIIT which were submitted y the Appellant. The Hon‘ble Minister of Forest &
Environment, in the reply given by him to an Unstarred Question raised in the
Assembly, confirmed the fact of encroachment of land by KIIT. Some of the notes
in the files have been adverted to. It is noted from the said notes that the
KIIT had encroached upon some other Government land as well and had also
constructed multi-storeyed building thereon for class-room purposes etc. before
approaching the Government with request for regularization. It is also seen
from the notes that some such requests were decided favourably. The appellant
has referred to an Audit objection in the matter of encroachment of land. The
Audit observed that under the OPLE Act, such encroached land being surplus
forest land was meant for distribution amongst the landless. Audit considered
regularization of such land as irregular. Be that as it may, the appellant‘s contention
regarding encroachment of Government land is found to be correct. The appellant has also acquired 120.708 acres
of Government land. The same includes 11.538 acres on which multistoreyed
buildings have been constructed, 18 acres of forest land unauthorisedly
occupied and 91.07 acres of land given on lease by IDCO in the Patia and
Patharagadia Mouza and in the Chandaka Industrial area which has not been
objected by KIIT. The Commission has taken view that it is not the authority to adjudicate on the
issue of encroachment or on occupation of land without approval. The Commission
no doubt cannot make any such adjudication. However, the fact remains that the
extent of Government land as pointed out by the appellant has not been proved
to be wrong. As per the appellant, the above extent of 120.708 acres is more
than 90% of the total land since the other private plots purchased by KIIT and
KISS are 11.304 acres only. The authority of KIIT has not come out with any
direct denial of the above claim of the appellant either. It has been merely
stated that the appellant should separately say how much private land was
purchased by KIIT and KISS respectively. In other words, the appellant‘s
contention that KIIT has built its institutions largely on Government land
stands confirmed. Even IDCO has confirmed that it gave lease of land to the
extent of 90.170 acres (91.170 acres – 1.00 acre given to KIIS) to KIIT. The
appellant‘s further argument is that these land have been availed on lease at
throw-away prices / subsidised rates. In this connection, the appellant has
submitted several documents obtained by him from the concerned authorities
through the RTI route. The Commission finds that a few of these documents show
that some of the land were given at subsidised rates. There is an admission to
this effect in the affidavit filed by the Principal Secretary in the matter of
allotment of land to Hospitals including KIMS under KIIT. The land allotted to KIIT was shown as 26.976
acres. It also emerges from the filenotings that some of the land had been
earlier given by IDCO at concessional rate of Rs.18.00 lakh per acre. When KIIT
sought permission of the Medical Council of India to construct a 700 bedded
Hospital, it came to know that the lease period of the land should be 99 years
and not 75 years as per the agreement with IDCO. Hence KIIT approached the G.A.
& P.G. Department to get the above land back from IDCO and then to re-lease
the same to it. The re-leasing no doubt required payment of differential cost.
But seen in the light of the affidavit made by the Principal Secretary, the
rate would still remain highly subsidised even after such payment. Therefore,
the contention of the appellant in this regard is not without merit. The
appellant has referred to the alleged undue benefits shown by the appropriate
Government to the respondent in the matter of allotment of land resulting in
huge revenue loss. In this connection, he has referred to the report of the
C&AG of India on General & Social Sector, Volumes-II & III for the
year 2012. In Volume-II, the C&AG computed loss of premium of Rs.33.70
crore on account of charging of lower premium as against DSR premium in respect
of 26.970 acres of land. The C&AG also pointed out short realization of
Rs.66.24 crore by IDCO on account of land given to KIIT. Rightly as pointed out
by the respondent, this Commission has no competence to make any observation on
the allegations of undue favour etc. However, this Commission also cannot
overlook the material which is available on record, i.e. the reports of the
C&AG. The respondent has contended that the inference drawn by the C&AG
may not be a fact. Further, as per the respondent, it is not known whether or
not the State Government has taken any action on the basis of the above report.
But the fact remains that a public authority has raised certain objections
which would hold good until and unless the objections are withdrawn. Therefore,
the Commission takes the objections raised by Audit to construe that the
respondent has availed liberal lease arrangements. The more significant
documents which the appellant has submitted in support of his contention that
land have been given to the respondent, i.e. KIIT, at throw-away prices are the
bench-mark values of such land at the time when the appellant asked for the
information or at a still later point of time. The appellant has submitted an
order dated 28.08.2017 of the G.A. & P.G. Department as per which the
bench-mark values / market values of the land in the Chandrasekharpur area were
shown as Residential: Rs.800.00 lakh; Commercial: Rs.1250.00 lakh,
Agricultural: Rs.600.00 lakh, Potential to be Residential: Rs.800.00 lakh and
Industrial: Rs.1150.00 lakh. The corresponding figures in Patia were Rs.1000.00
lakh, Rs.1200.00 lakh, Rs.400.00 lakh, Rs.900.00 lakh and Rs.900.00 lakh
respectively. The bench-mark values thus fixed by the Government with
retrospective effect from 2014 are supported by an order which is a fact on
record and the correctness of the same has not been denied. As already noted,
the appellant has also submitted a certificate dated 14.07.021 issued by the
DSR, Bhubaneswar in which the value of Plot No.320/3370 (Industrial) was shown
as Rs.13.80 crore per acre on the said date as against Rs.12.00 crore per acre
as on 31.12.2016. The values thus fixed are significantly higher than the
values of Rs.18.00 lakh per acre, Rs.22.00 lakh per acre and Rs.25.00 lakh per
acre at which the appellant got land on lease from IDCO from time to time. The
respondent‘s argument is that it had taken land on lease much earlier than the
dates to which the bench-mark values referred to by the appellant relate. In
fact, identical arguments had been raised with reference to the values of IDCO
land as per the information received by another applicant, namely, Shri
Srikanta Kumar Pakal, from the APIO of IDCO. The further argument of the
respondent as 76 per its latest submission is that the latest values submitted
by the appellant are in respect of private land and not Government land. The
private land are also tiny plots with minimal areas. Coming to the first
argument that the values relied upon by the appellant do not relate to the
dates on which the respondent had taken land on lease, it would be pertinent to
again refer to the observation made by the Hon‘ble Supreme Court in the D.A.V.
College Trust case that even the value of the land at the time when the
question arises whether the body or NGO is substantially financed or not will
have to be evaluated. Therefore, the reference made and reliance placed by the
appellant on the subsequent bench-mark values cannot be disregarded. As regards
the argument that the plots / land to which the values cited by the appellant
relate are private land and not Government land, the Commission cannot
appreciate how values of private land, irrespective of the size, can be ignored
particularly as such values are representative of market values unless proved
to the contrary. Similarly, as regards size of plots, it is difficult to see
how there can be any significant variation between the values of small plots
and large plots. Therefore, the above argument cannot be considered as germane
to the issue. In view of the observations made hereinabove, and particularly in
view of the observation of the Hon‘ble Supreme Court in the D.A.V. College
Trust case referred to supra, the references made by the appellant to the
subsequent values of land merit consideration. On such consideration, and on
evaluation on the basis thereof, it cannot be gain-said that the respondent has
got land on lease from the appropriate Government at very cheap rates.
Therefore, even if the appellant‘s allegation of undue favour is not considered
as the Government‘s response thereto or action taken thereon are not known, the
Commission has nonetheless to hold that the respondent institution got land
from the appropriate Government at extremely cheap rates having significant
financial implications in its own favour. This has to be treated as indirect
substantial financing. The respondent‘s contention is that land were taken from
the Government at IDCO prices. The above contention has not been found to be
incorrect. However, it has been already noted that the IDCO price itself is a
concessional price. In fact, the IDCO prices are even less than the G.A. prices
as seen from the information regarding bench-mark values provided by the
respective PIOs. Even the respondent in its latest submission has admitted that
―the State Government gave land to IDCO.......... in subsidised rates to boost
industries. Thus, by the appellant‘s own admission, the values at which it had
got land on lease from IDCO were subsidised / concessional. Therefore, it has
to be held that the respondent institution got greatly benefitted by getting
large tracts of land on lease from the appropriate Government. Moreover, in
view of the discussion in the preceding para relating to the subsequent
bench-values of the land in question, the extent of concession which the
respondent institution had got at the time of the leases has paled into
insignificance. Reference has been made to secondary leasings as well. The
appellant got several patches of land on the basis of mutual transfers. These
land had been earlier leased out by IDCO to same private industries. IDCO had
done the leasings in pursuance of its avowed policy of promoting industrial
infrastructure. IDCO‘s agreement with the suggested mutual transfers resulted
in great benefit to KIIT which was
assured of contiguity of the land thereby immensely facilitating its
operations. The fact that even the value of these land have soared
significantly in due course need not be over-emphasised. The appellant has
referred to several letters which KIIT and its Founder wrote to the Government
and Government Agencies with fervent prayer for allotment of land for
institutional purposes, for setting up Hospital etc. The requests thus made
were in respect of forest land under encroachment, land under unauthorized
occupation and other land including the proposed mutual transfers. The
significant feature standing out from the various proposals / requests made by
the KIIT to the Government and its
agencies is that all these were adjoining plots. Overall, they combined to be
an asset spread over a large area. Such large areas marked by contiguity cannot
be easily had from individuals or private sellers / lessors. Non-availability
is an important factor. Even otherwise, the buyers / lessees will have to
undergo the rigours of approaching several individuals and private entities and
of making acquisitions from numerous sellers and lessors through multiple
separate negotiations and deals. These processes by themselves lead to
sky-rocketing of prices because of the demands which they trigger and also
because of anticipation of growth of the area which the acquisitions stoke. Getting
large tracts / areas from the Government spares the buyers / lessees of such
rigours. There is also definite financial saving vis-a-vis cost of land and
expenses incidental to the transactions. Savings in terms of expenses are in
the nature of intangible gains which often remain uncomputed. Getting large
number of contiguous plots from the Government at the approved rates,
particularly for large projects, results in a still bigger intangible gain. We
may imagine a project coming up in bits and pieces and at several places,
distant from one another. We may also imagine the operational costs involved in
such cases. Not having to incur such additional costs over the duration of the
lease is undoubtedly of immense benefit with great financial implications in
favour of the buyers / lessees. Such benefits / implications are seldom
considered, let alone computed. The benefits, both direct and indirect as well
as tangible and intangible, would be
still much more if the assets are located at prize destinations such as a
commercial hub or a city, more so a capital city. In the present case,
KIIT gained immensely by getting contiguous plots of land
on lease from the Government in a prize destination such as the capital city of
Bhubaneswar, that too at very cheap prices.
M.
The appellant
has raised another issue of KIIT being gained over out of leasing lands by
mortgaging to banks after getting “No
Objection Certificate” from IDCO i.e., lessor. Had
not IDCO issued “No Objection
Certificates” , KIIT would not have been
able to avail substantial amounts of loans from Banks. The Commission has
considered the submissions thus made by the appellant. Records have also been
perused. The Annual accounts for the financial years 2013-14, 2014-15 and
2015-16 which have been submitted by KIIT
show that the institution had
taken term loans and O/D loans of Rs.467.02 crore, Rs.497.37 crore and
Rs.541.96 crore respectively during these three years from several scheduled
Banks and a few other private parties. The loans from the private parties were
less than Re.1.00 crore each year. Thus almost the entire loans had been taken
from the Scheduled Banks on the basis of primary securities and collateral
securities. It has been clarified in the ―notes forming part of the Annual
accounts‖ that these loans had been availed mainly on the basis of primary and
collateral securities, being land, buildings and equipment of the society. The
Commission has also noted from the information received by the appellant from
IDCO under the RTI Act that IDCO had given consent for availing loans on the
basis of mortgage of its land leased out to KIIT. The extent of land given by
IDCO on lease has been already noted. Of course, IDCO could furnish details of
loans availed by the KIIT on the basis of mortgage of its land only in one
instance. But the very fact that consent had been given by IDCO in respect of
the land, and in the Annual reports it has been stated that loans were availed
from the scheduled Banks by offering land, amongst others, as security, it can
be inferred that the KIIT could get
substantial amount of loans from Banks by offering the leasehold land as
security. During hearing, the representative of KIIT contended that there is nothing wrong on the
part of an organization in taking loan from any Bank by mortgaging its own
land. However, the respondent has not specifically rebutted the appellant‘s
submission that it could get substantial amount of loans from the Banks by
offering the Government land taken on lease as security. Hence the Commission held that the land leased out by IDCO greatly
helped KIIT in arranging substantial
amounts of finances.
N.
Then, the
Commission examined details of indirect as well as direct finances from the
Government and the Government agencies referred by appellant during course of
hearing. In this connection, the appellant has invited attention to the
respondent‘s accounts for the year ended 31.03.2009. The appellant has also
referred to Post-Matric scholarships given by the State Government to the
tribal students of KIIT during the years 2012 to 2017; donations, grants and
subsidies received from various Government Departments during the years
2005-2010, foreign funds received by the respondent etc. First coming to the
Annual accounts for the year ended 31.03.2009, the appellant has claimed that
the unsecured loans and other income of the respondent included public money.
Similarly, students’ fees were nothing but public money. The Commission does
not find merit in the above contention of the appellant. Public money is the
public fund given by the public authorities or Government or its agencies
either directly or indirectly. Individual persons advancing loans or paying
fees cannot be regarded as public fund.
O.
As regards the
foreign funding stated to have received by KIIT
during the year- ended 31.03.2019,
the Commission observed that even
such funding cannot be treated as having any ingredient of public fund or
public money unless it is shown that such foreign funding was done at the
instance and promise of the Government or its agencies. Nothing of that sort
has been let in by the appellant. Now coming to the scholarships given by the
Government to the tribal students of KIIT in certain years, the appellant has
contended that such scholarship amounts are part of funding by the Government.
The Commission did not accept the above
contention. The scholarships are specifically earmarked for the concerned
students who alone can receive the same. The institution where the concerned
students study only acts as the medium. The institution cannot exercise any
liberty with the amounts routed through it. When the institution has no such
liberty and cannot use the amounts in any manner other than for which the same
have been earmarked or intended, distribution of the scholarship amounts cannot
be taken as part of funding of the institution. Hence the appellant‘s argument
on this score is rejected by the Commission.
P.
The Commission
analysed details of the grants and subsidies received from the various
Departments and other Government agencies such as DBT, DST, ICMR, CSIR, ICAR,
AICTE, DAE, UGC, ORMAS etc. As per the documents submitted by the appellant,
KIIT had got Rs.6.13 crore (Rs.2.24 +
Rs.3.89) towards such grants and subsidies during the period 2005-10 and Rs.
2.42 crore during the period 2010-17. It had also received Rs.21.12 crore from
ORMAS under the DDU-GKY Scheme. The argument of the appellant is that these grants
amount to Government financing of the respondent society. The respondent
Institution on the other hand contended
that the 82 research grants received were for earmarked projects undertaken by
the Faculty Members and also received because of efforts made by the Faculty
Members. The Commission has considered the above submission of the respondent.
The Commission has also noted from the Annual accounts for the years-ended
31.03.2013, 31.03.2014 and 31.03.2015 that the various Departments had provided
grants etc. for specified projects. It has to be inferred, unless shown to the
contrary, that the grants were to be used only for such projects and not for
anything else. Thus, even here, the respondent cannot use the grants in any
other manner which it would choose to. Therefore, normally, such research
grants by themselves cannot be considered as financing or funding the
respondent even though the researches and the outcomes thereof might help
enhance its prestige and add to its stature. However, research grants and
similar funding are given to an institution after taking into consideration its
infrastructure etc.; and if direct or indirect Government funding has had a
bearing on the infrastructure, then the grants etc. may have to be considered
together with the other direct or indirect Government fundings.
Q.
Last but not least, the Commission examined
the tax exemptions availed by KIIT. The appellant has submitted that tax
exemptions are another instance of indirect financing of the respondent society
by the Government. This submission of
the appellant was considered by THE Commission taking into account the annual
reports for the 3 years which were submitted by the respondent society. These
were examined to find out if KIIT could be said to have derived any great
financial benefit in view of the income-tax exemptions availed by it.
Before analyzing it, the Commission briefly discussed the rationale, import and effect of the
relevant tax exemption provisions.
Under Sections 11 & 12 of the
Income-tax Act, 1961, certain entities who are otherwise liable to pay tax on
their income enjoy the benefit of exemption from payment of tax if they are
registered by the Commissioner of Income-tax under Section 12A of the said Act
and also if they comply with the conditions enumerated in Section 11 and do not
commit any contravention of the nature specified in Section 13 of the said Act.
These entities are: Public and Charitable Trusts, not being religious Trusts,
registered under the Public Trust Acts; and, Societies and Associations /
Institutions registered under the Societies‘ Registration Act, 1860.
Registration under Section 12A of the Income-tax Act is the prime enabler of
the exemption. The Commissioner of Income-tax allows registration after being
satisfied that the entity is genuinely carrying on public and charitable
activity. The conditions as per Section 11 are that the Trust or the Society or
the Institution spends 85% of its surplus in a given year on public charitable
activity; in case of any short-fall in application, it seeks the permission of
the concerned Income-tax Authority to accumulate the unutilized surplus for a
period not exceeding five years for utilization towards the ear-marked objects;
it deposits the unutilized surplus amounts in specified categories such as
deposits in scheduled banks etc. The contraventions listed out in Section 13
are: the benefits of the activities must ensure to the general public and not
to any particular religion or caste; no undue benefit or advantage must accrue
to the trustees, the managers or to persons who are substantially interested in
the entity etc. If the entity is registered under Section 12A, complies with
the conditions stipulated in Section 11 and does not commit any of the
contraventions listed out in Section 13, its entire income becomes eligible for
exemption from payment of Income-tax.
Further, Section 80G of the Income-tax Act, 1961 provides that, amongst
others, if a Trust or an Institution / Society registered under Section 12A is
also separately approved by the Commissioner of Income-tax under Section 80G,
then the contributors(of donations) to such entities shall have the benefit of
deduction of 50% of such contributions from their income subjectible to tax. In
certain situations, the deductions can be even 100%. Section 2(15) of the
Income-tax Act, 1961, which is the Section containing definitions, defines
―charitable purpose‖ as including ―relief of the poor‖, ―education‖, ―medical
relief‖, advancement of any other object general public utility etc. As can be
seen from the above, Sections 12 and 80G are land-mark socialwelfare-enabling
provisions. The avowed objective is to promote specified activities known as
public and charitable activities not only by foregoing tax on their income but
also by foregoing a portion of the tax which the donors/contributors would have
to otherwise pay. The State thus has made a great sacrifice to promote such
activities, the foremost being education, medical relief and relief of the
poor. The rationale behind foregoing tax on the income of the Trust, Society or
Institution and on the income of the contributors is to enable the entities to
utilize the funds spared from/exempt from taxation in the activities undertaken
by them. Needless to say, this is a
clear case of indirect funding. And since tax is public fund, it can more appropriately be called indirect public funding. Larger the spectrum
of the activities and larger the income, larger would be the indirect funding.
What is the income subjectible to tax which thus gets exempted from tax and
enjoys the benefit of indirect public funding ? Generally, income subjectible
to tax is the net income i.e. gross income deducted by expenditures. There are
specified taxable entities called ‗Persons‘ recognised under the Indian
Income-tax Act. They are: Individuals; Hindu Undivided Families; Companies;
Firms; Bodies of Individuals or Associations of Persons; Local Authorities and
Artificial Juridical Persons (Clause 31 of Section 2). Public Charitable Trusts
and Associations come under the category of Bodies of Individuals or
Association of persons. In the cases of the taxable entities, both income as
well as expenditures are restricted to the revenue field. Receipts arising or
accruing or becoming due on account of operations are ‗income‘. Expenditures
incurred in the course of operations, referred to as ―in the course of business
or profession‖, are the ‗deductible expenditures‘. But the Income-tax Act has
narrowed the scope of income and has widened the scope of expenditures in the
cases of the tax-free entities. Such narrowing and widening have been done
through deeming provisions. In the case of Trusts, Societies, Associations and
Institutions engaged in public and charitable activities, receipts in the
nature of contributions to the corpus are not deemed to be Income. Thus the
‗taxable income‘ in their cases has a narrower domain. Further, expenditures in
their cases include expenditures of a capital nature, say incurred on expansion
etc., and thus 100% deductible, whereas in the cases of the other entities such
expenses are not admissible in full. Only depreciation on account of wear and
tear is allowed at specified percentages. So what gets exempted from tax in the
cases of the tax-free entities is not the income as ordinarily understood in
the common, commercial and professional parlance. The income which are not
deemed as income and the special expenditures allowed specifically to them and
not to the others get added to the tax-free basket. Thus the exemption from
payment of tax in their cases is of substantial amounts. The State allows such
exemption in the hope and with the objective that these entities cater to the
general public needs and promote public activities.
Q. The annual accounts for the financial years 2013-14, 2014-15 and
2015-16 which were submitted by the respondent were examined. The examinations
revealed the following salient features:
|
Sl. No. |
Nature of
item |
F.Y. 2013-14
(In Rupees) |
F.Y.2014-15
(In Rupees) |
F.Y.2015-16
(In Rupees) |
|
1 |
Surplus for the year |
25,85,68,579/- |
36,76,45,077/- |
46,46,19,779/- |
|
2. |
Reserves and Surplus at the end of the year. |
349,84,34,268/- |
453,62,64,470/- |
569,66,51,308/- |
|
3. |
Development Fee shown in Reserves and Surplus |
46,31,11,390/- |
67,01,85,125/- |
69,57,67,059/- |
|
4. |
Long Term Borrowings |
467,04,37,731/- |
497,38,55,204/- |
541,96,58,415/- |
|
5 |
Tangible Assets |
723,49,58,310/- |
830,30,68,886/- |
840,07,82,141/- |
|
6 |
Capital Work in Progress |
12,01,72,850/- |
06,53,78,137/- |
92,68,87,152/- |
The Commission has analysed that in the above abstract, except for the
surpluses of the given years, the remaining figures are year-end cumulative
closing balances. It gives indications
about the surpluses and the borrowings on the one hand and the tangible assets
and works-in-progress on the other hand. The indications regarding the
surpluses are that the same have been steadily increasing year after year. This
is clear not only from the rise in the surpluses year on year but also from the
increase in ‗reserves and surpluses.‘ These are nothing but the profits of the
Society. The reserves and surpluses include the cumulative balance surpluses as
per the Income and Expenditure statements as also the development fees. While
the surpluses have been shown as ‗’direct income’ or as ‗’other income‘ in the
Income and Expenditure statements, the
development fees have been separately shown only in the Balance-Sheets.
However, the development fees to the extent not refundable are also in the
nature of income. Therefore, the
surplus of each year, as reflected in the Income and Expenditure statements,
will have to be increased by the development fees. If that is done, the
tax-free surpluses would be higher than have been shown in the abstract. In
this case, be it the surplus or the development fees, the same are not taxable
in view of the exemption available to it under Section 12 of the Income-tax
Act, 1961 by virtue of the Society having been registered under Section 12A of
the said Act. Thus, almost the entire reserves and surpluses at the end of any
given year represent the cumulative amounts which have not suffered from tax.
The indication one gets from the figures of long-term borrowings are that these
have been growing year after year. The relevant schedules in respect of
long-term borrowings have been perused. Term loans have been taken from several
scheduled Banks such as the Allahabad Bank, Bank of India, Canara Bank, HDFC
Bank, Oriental Bank of Commerce and the Punjab National Bank. All these are
secured loans. The respondent Society
has also taken over-draft (O.D) loans from some of these Banks. These
are also secured by collaterals. It is mentioned in the ‗notes to the accounts
of the relevant years that the securities given to the Banks, whether primary
securities or collateral securities, are the land, buildings and equipment of
the society. There are personal guarantees in a few cases as well. The
respondent has also taken secured loans from certain private parties. Even
these loans are secured by the land of the society. In other words, the
respondent has availed huge loans from the scheduled Banks and others by
mortgaging its land and buildings. Then
the Commission analysed the tangible assets. The closing balance of the
tangible assets at the end of a given year is more than the closing balance at
the end of the preceding year. The same
applies to capital work-in-progress as well. The above would clearly indicate
that the respondent has been expanding steadily year after year. The increase
is more than what would appear from the BalanceSheets because there have been
increases even after claiming deductions on account of depreciation. Now if we
make a still closer reading of the accounts, it would be clear that the
expansion is financed largely by the surpluses and the long-term borrowings.
This is evident from the Income and Expenditure statements as well as from the
schedules to the ‗reserves and surplus accounts.‘ It also emerges from the
analysis that the tax-exemption benefits enjoyed by the respondent have enabled
it to go in for huge and steady expansion. Further, the land taken from the
Government /IDCO on lease, some of which were mortgaged to the Banks helped the
respondent society get substantial finances from the Banks. The Commission also
looked into surpluses amount during the three years under consideration.The
apparent surpluses would be more if the development fees are taken into
consideration by including the same as income. Thus, but for the exemption
provisions of Section 12 of the Income-tax Act, 1961, the incomes / receipts
for the above 3 years would have got taxed. In fact, the exempted income would
be still higher. For example, KIIT made a donation of Rs.27,19,04,435/- to KISS during the financial year-ended
31.03.2014. Similarly, during the financial year-ended 31.03.2015, the
respondent made a further donation of Rs.51,68,99,341/-
to KISS. In the next year, i.e. year ended 31.03.2016, the donation to this
entity was of the order of Rs.58,21,25,784/-
. Under the other provisions of the Income-tax, 1961 (i.e. other than Sections
11, 12 & 13), the above donations would have been disallowed on the ground
of not having been incurred in the course of business or profession.
Alternately, assuming that KISS has been approved by the Commissioner of
Income-tax under Section 80G of the Income-tax Act, 1961, the donor, i.e. the
respondent, would have been entitled to only 50% of the donation amount as
deduction from its total income of the relevant years. Either way, the taxable
surpluses would have got further increased. In order to appreciate the
financial benefit, which registration under Section 12A of the Income-tax Act,
1961 has ensured to the respondent, the above disallowable items will have to
be necessarily reckoned.
R. The elaborate
discussions made by the commission in this order clearly show that the
respondent got large tracts of land, many of them contiguous, in the capital
city of Bhubaneswar from the Government or its agencies at subsidized rates. It
got such land over a period of several years. Parts of these land were earlier
under encroachment by the respondent itself. Some parts were under encroachment
by others and the respondent incurred expenses and made such parts of land
encroachment-free. KIIT had also already built multi-storied buildings for
class rooms, compound walls etc. on such land. After persistent efforts and
fervent prayers made by authority of KIIT, some of these were later regularized
in the respondent‘s favour. The respondent also used the forest land which
under the OPLE Act are required to be distributed among the landless. The fact
that the respondent had started using several patches of land even before the
same were allotted would indicate its strong self-assurance that the same would
be allotted. The further fact that some of these were also allotted is
indicative of the benevolence of the State. If the Government had been of
unkinder disposition, KIIT would not have had the advantage of such large
tracts and contiguous plots/land for its campuses. Reference has been already
made to the mutual transfers. It has been observed by the Commission that all the land involved in such mutual
transfers, the leases of which were eventually transferred in favour of the
respondent, were adjoining the respondent‘s existing campus. Had the lessor
i.e. IDCO refused to make the transfers,
KIIT’s campus expansion programme would have got adversely affected. Large tracts of contiguous land used to
develop a large campus at one place has brought to be respondent tremendous
operational advantages. Finances availed from the Banks by mortgaging the
leasehold land have helped in the expansion of KIIT as an institution. The Commission has
also noted that the tax exemptions
availed by KIIT have helped it utilise its surplus for the setting up,
expansion, development and growth of various institutions. In short, the
largesse of the State as well as the tax exemptions have had crucial roles in
the evolution and growth of the respondent and its several institutions. By any
reckoning, the financial benefits availed by the respondent through allotment
of Government land and availment of tax exemptions will have to be considered
substantial. It has been observed that
the respondent got the land from the Government and its agencies by making
repeated efforts and through determined pursuit. The respondent had at each
point of time pleaded before the Government and its agencies for help so that
it could build up world class institutions. The contents of the respondent’s
correspondences with the Government and its Agencies and the prayers for
allotment and regularization of land would by themselves show how badly the
respondent needed such land. There are also express admissions by the
respondent itself that it would not be able to build the University on such a
large scale and of such admirable class but for these land. The Commission has
also referred to the litmus test laid
down by the Hon‘ble Supreme Court in the Thalappalam case. The test to
determine substantial financing is whether or not the non-Government
organization could have established itself but for such financing and whether
or not it would struggle to exist if such financing is withdrawn. It cannot be
gain-said that KIIT could not have easily become what it is today – a highly
admired University – but for the huge land at cheap rates which it got from the
Government or its agencies. No doubt, it
cannot be said that withdrawal of
these land would make KIIT struggle to
exist.
S. The Commission has also referred to the judgement of the Hon‘ble Supreme Court in the
Thalappalam case wherein it was held that mere grants, subsidies, privileges
and exemptions as such could not be treated as public financing. The words
―mere‖ and ―as such‖ are important. In the present case, KIIT not only got land from the Government and its
agencies but also other grants and exemptions. Therefore, in the present case,
the grants and exemptions including tax exemptions cannot be considered ‗mere.‘
On the contrary, all the above will have to be considered together. We have
already referred to the decisions of the Hon‘ble Punjab and Haryana, Madras and
Odisha High Courts in which significance was attached to ―the public
function(s)‖ performed by an organization as well as to grants received from
the Government, irrespective of quantum, as the test for deciding whether or
not the organization could be treated as a public authority as per the
definition provided in Section 2(h) of the RTI Act, 2005. There can be no
dispute that KIIT is performing a public
function. The Commission has made an
elaborate discussion regarding the facts of the respondent‘s case in the
light of the judgements of the Hon‘ble Supreme Court in the Thalappalam case
and in the DAV College Trust case. It has clearly emerged from such discussion
that the financing / funding received by the respondent Society KIIT from the Governments and their agencies have
proved to KIIT to be of solid worth,
considerable value, of real significance and of having significant material
bearings and effects on the respondent‘s establishment growth and continuing
existence as an acclaimed multi-disciplinary institution. But for such direct
and indirect financing / funding, the respondent would have had to struggle, if such financing and fundings in the form of
land on lease at concessional and subsidised rates of grants and of tax
exemptions etc. are to be withdrawn.
Therefore, the Commission is of the considered
view that the respondent, M/s KIIT, is a public authority within the meaning of
Section 2(h)(d)(ii) of the RTI Act, 2005.
In the light of the above, KIIT
is declared as a public authority as per Section 2(h)(d)(ii) of the RTI
Act, 2005; and is directed to furnish the required information to the
appellant, as per his application in Form-A, within 30 days from the date of
receipt of this order.
Case Analysis
by Pradip Pradhan, Appellant, Email-pradippradhan63@gmail.com Date- 18.9.21
Backside of Cover page
Who
is RTI Activist?
RTI Activism is debated and discussed much in
public domain that too in mass media across the country. Commitment of RTI Activists to expose mega corruption and
irregularities and maladministration in Govt. has
been widely acclaimed by different of section of people. Within short span of 9 years of implementation
of RTI Act, more than 40 RTI Activists have been killed and hundreds of
activists assaulted and false case and defamation case filed against them. Many
of them are also languishing in jail. Such scenario has not taken place in any
campaign on any law in India.
RTI Activist is defined as
someone who seeks varies of information and
makes it available to the people and
highlight same through mass media. They are people who are driven by
passion and commitment and keen to share information more widely. They not only disseminate information but
daringly and vigorously pursue the matter
to reach at logical end. With the information , they try their best to fight out the issues relating to the system by
organising public demonstration, filling cases in courts
and raising the issues through
policymakers in appropriate forum, They are the people who
see the need for change and improvement on a large scale inside the Government.
RTI activism is not about how you look or the clothes you wear: the sine
qua non of activism is doing. We feel it is more important
to look at the actions being undertaken rather than how individuals define
themselves.
Information Scientist Anthony Molaro coined the
term ‘Information Activist’ in 2009 as
“An information activist is a vigorous advocate of knowledge gained
through study, communication, research or instruction”
For some
Activism comes naturally, while for others, it’s something that comes as a
result of problems they see or upon learning about something they passionately
believe needs to change. Whatever the reason for wanting to become an RTI activist, the Activist pursue their cause
relentlessly no matter their age, their means, or their background. That is the
beauty of an RTI Activist.
Odisha Soochana Adhikar Ahijan
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