Electricity Bill worth Crores of Rupees pending against KIIT/KISS, Bhubaneswar, exposed under RTI

·         More than Rs. 2 crores  electricity bill pending  against KIIT, Bhubaneswar for payment.

·         Electricity  bill is not paid  by KIIT Authority for months together.

·         The pending amount mentioned below may be more in the present day.

Dear friends

RTI Application was submitted to the PIO. Office of Central Electricity Supply Utility of Odisha ( CESU, Odisha) seeking information about electricity  bill pending  against KIIT, KISS, KIMS, Patia , Bhubaneswar.  On 21.4.18, the PIO has supplied the information about details of electricity bill against these institutions.   KIIT/KISS comes under Chandra Sekhar Pur Section-2 of Division  BCDD-2  of  Bhubaneswar Circle. These are  as follows.  This information is upto November, 2017.

Name	Consumer Account No	Account No. ( new)	Consumer Address	Supply volt	Pending dues ( Rs.)
Kalinga Institute of Industrial Technology ( KIIT)	187LI	11220884	Campus No. 15, Plot -44/C,D&E, Chandaka I.E., Bhubaneswar	11 KV	5,89,348.00
KIIT	129LI	11201513	At-Technology, Plot No. B-13, Chandaka I.E., Bhubaneswar -31	11KV	11,90,410.00
KIIT	138LI	11201602	Plot No. 26, Chandaka Industrial Estate, Bhubaneswar	11KV	5,21,716.00
KIIT (Campus V) , Medical College	146LI	11201688	Plot No. 14(A) &(B), C.S.Pur, Bhubaneswar	11 KV	43, 85,548.00
KIIT	167LI	11201891	Campus-9, IDCO Plot No.-87, Chandaka Industrial  Estate, BBSR	11KV	7,05,336.00
KIIT	173LI	11201955	Plot No. B/13, Chandaka I.E., Patia, BBSR	11KV	10,39,306.00
KIIT	183LI	11202083	Plot No.- 20/B, KIIT Campus-VI, Chandaka Industrial Estate	11KV	6,97,479.00
KIIT	190LI	11221316	Plot No. 45, 822/A/2, KIIT Campus-12, Chandaka Industrial Estate	11KV	8,57,618.00
KIIT	403LI	11227670	KIIT, ITC, IDCO, Plot No. 51, Chandaka Industrial Estate	11KV	89,619.00
KIIT	404LI	11228691	C/0- Estate & Establishment officer, KIIT Campus 5 ( KIMS)	11KV	87,21,478.00
KIIT ( Rugby field), Campus-4	405LI	11229034	Plot No. 318/337(p), KH-474/1607	11KV	2,17,835.00
KIIT	427LI	11236414	KIIT Campus-IV, 68/A, 91, 91/A	11KV	9,36,222.00
KIIT	463LI	11244093	IDCO Allotted  BDA permitted Plot No. 15, 320(P), 516(P),Khata No. 493, Patia, BBSR	11KV	12,49,122.00
KIIT	147LI	11201696	IDCO Plot No. 44, Chandaka I.E., Bhubaneswar	11KV	19,57,832.00
KIIT	174LI	11201963	Plot No. 516/3372 (P), Campus-KSRM, Chandaka Industrial Estate , BBSR	11KV	3,02,166.00
KIIT	176LI	11201980	Campus-11, Plot No. 320(P), Patia, Chandaka Industrial Estate, BBSR	11KV	10,64,633.00
KIIT	186LI	11220710	KIIT Campus-16, Plot No.-220, Khata-256, Chandaka Industrial Area	11KV	9,36,674.00
KIIT	438LI	11239186	IDCO&BDA Plot No. 31, Khata No. 474/1607, Patia, BBSR	11KV	3,47,873.00
KIIT	446LI	11240717	Plot No. 391/1840 and 391/3592, Khata No. 474/130, 474/1931, Patia, BBSR	11KV	99,320.00
KIIT	1255MI	11239747	C/0- Pramod Kumar Sahu, Over IDCO Plot No. 16/D, CIE, BBSR	11KV	96,562.00
Total  BILL pending					2,60,06,097.00

Pradip Pradhan

M-9937843482

Date- 28.6.18

KIIT/KISS developed with Public Money for public purpose and requires public scrutiny

 Public money used by Achyut Samant for developing infrastructure of  KIIT /KISS 

 IIT/KISS has used  huge public money   termed it  as direct finance for developing its infrastructure and management of the  institution  by taking grants, loans   and donations  from various public institutions.  As per  the  Annual Audit report of KIIT ( consolidated Balance sheet as at 31^st March , 2009) which is available with us,  KIIT  has borrowed loan  from different nationalised  banks at the tune of  Rs. 171,40, 85,295.00.  The details of  loan received from different banks is  as follows.  These loans are  considered  as public money used  by KIIT.  

Sl.No	Name of Bank	Loan amount granted to KIIT
Loan and Advances  from Bank
1	Allahabad Bank	36,21,53,285.00
2	Canara Bank	7,13,19,571.00
3	Union Bank of India (New Delhi)	9,12,35,063.00
4	State Bank of India	15,53,44,072.00
5	Punjab National Bank	6,76,88,993.00
6	Oriental Bank of Commerce	39,67,80,098.00
Loan and Advances from Other Agencies
1	CEAT Finance	19,26,800.00
2	GE Capital Services India	2,12,50,067.00
Overdrafts
1	Allahabad Bank  ( OD A/c)	29,80,27,009.00
2	Oriental Bank of  Commerce ( OD A/c)	13,00,78,767.00
3	Punjab National Bank ( OD A/C)	15,69,06,109.00
4	State Bank of India ( OD A/C)	13,00,14,186.00

B.    KIIT has gained unsecure loan Rs. 6,51,50,000.00  ( 2009 Audit Report) which also includes public money that needs to be examined  by the Government.

C.    KIIT has also shown source of other income Rs. 12,01,46,834.00  which is also public money , needs to be examined by Public. 

D.   Besides that KIIT has also received huge donation, subsidy  and grants from various Govt. Institutions for research and development activities from 2005 to 2017 . It establishes the fact that  there is active and pervasive control of the Central Government Organizations over the KIIT University not only functionally and administratively but also financially. 

     Information about Bank loan received  by KIIT and KISS from various Banks could not  be supplied  due to non-supply of the information by the concerned agencies).

Pradip PradhanM-9937843482Date- 28.6.18 

Pradip Pradhan nominated as National Co-Convener of NCPRI

Pradip Pradhan nominated as  National Co-Convener of NCPRI

Pradip Pradhan, eminent RTI Activist  and State Convener of Odisha Soochana Adhikar Abhijan has been nominated  as  National Co-Convener of NCPRI ( National Campaign for People’s Right to Information) , a  National Form of RTI Activists  working  for effective implementation of RTI Act  in the country  as well as  undertaking  campaign for   Lokpal, Judicial accountability, Whistle-blowers’  Protection Act , Grievance Redressal law  etc. He enjoys position of one of National Co-conveners along with other eminent RTI Activists Sri Nikhil Dey, Sri Venkatesh Nayak, Smt. Anjali Bhardwaj  ( New Delhi), Ms. Pankti Josh ( Gujurat), Dr. Shaikh Ghulam Rasool ( J&K) , Rakesh Reddy Dubbudu ( Andhra Pradesh).

National Campaign for People’s Right to Information (NCPRI) was founded in 1996. Its founding members included social activists, journalists, lawyers, professionals, retired civil servants and academics. One of its primary objectives was to campaign for a national law facilitating the exercise of the fundamental right to information. NCPRI played pioneering role  in pushing enactment of Right to Information Act  in the country in 2005.

Since 2005, year of beginning of implementation  of Right to Information Act in  the country, Sri Pradhan  along with few  Social Activists started  campaign  in Odisha to enforce implementation of RTI Act.  At early stage of campaign,   he  opposed  various  draconian provision of Odisha RTI Rules made by Govt. of Odisha to make the sun-shining law dysfunctional in the state  and demanded for  its withdrawal. After  a long campaign, the State Government on 29^th May, 2006  amended  Odisha RTI Rules, first ever amendment  of Rules  in the country  which reduced  application fee from Rs. 20.00 to Rs. 10.00,  Fee for information from Rs. 5.00 to Rs. 2.00  etc.  But  still  Odisha Rules  remains anti-people  which  is  the core of the campaign of Sri Pradhan for  its withdrawal.   He  has  conducted  several trainings, workshops, seminars  and  State Conventions each year  in the state. He  has filed  more than 6000 RTI Applications  and exposed  number of corruptions and irregularities  in  implementation of Govt. scheme and Programme.  Last year   under his able leadership,  National Convention of  NCPRI on Right to Information was organised  in Bhubaneswar, capital city of Odisha   from 14^th to 16^th 2017.  Through RTI , he  has also monitored  implementation of various programme and  functioning of   various  Commissions etc.  He is  the  founder of Odisha Soochana Adhikar Abhijan  and leading  this campaign as State Convener  since last 12 years.

Under his leadership, OSAA has been emerged  as vibrant network of RTI Activists  in the state having its district level network  in 25 districts. Over the years, hundreds of RTI Activists have joined in this campaign. It has  a core body of 70 members  at State level  which sits  every month  to chalk out action plan to broad-base  campaign and take up  various issues affecting the state.  Sri Pradhan has compiled 25 booklets , campaign materials, posters , leaflets  on RTI and written a number of articles  on RTI related issues, published in local odia dailies.  

We wish all   success  in his endeavour   for enforcing transparent and  accountable governance system   in the  country in general and Odisha in particular. 

Reported  by

Sri Akhand, Human Rights Activist
Working Group Member : CSFHR
Core group Member : OSAA

9861210101

FIDUCIARY RELATIONSHIP UNDER RTI ACT 2005

FIDUCIARY RELATIONSHIP UNDER RTI ACT 2005

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- 26.6.18