Wednesday, July 15, 2015

Fact-finding Report on stabbing a Govt employee by Sushant

Report of the Fact-finding Team
On
Situation of Sushant Naik who was arrested for his alleged attempt to stab a Govt. employee in the Department of Housing and Urban Development, Secretariat, Bhubaneswar, Odisha

Background
Being perturbed over the news   carried by Mass Media on 5.7.15 about a young boy Sushant Naik , aged around 23 years  taking unsuccessful attempt to stab a lady  employee in the Department of Housing and Urban Development,  Secretariat, Bhubaneswar and subsequent  his arrest and jail  by the police , a Fact-finding  Team  of Right to Food Campaign, Odisha  had  visited   his  village  to  know  from his family  members  about  the  socio-economic  condition   of the family,   reason of his visit to  Secretariat with knife  and his attempt to stab an employee etc.  It needs to be mentioned here that though the Team members tried to meet him in Jharpada jail several times, they could not succeed to talk to him.   The major objective of the visit of the  Team  was also  to understand the problem of the family,  provide  the family legal  support  to  make him released  from jail  and  other support required  to provide justice to them.  The Team members were Sri Pradip Pradhan, Team Leader, Sri Sachikant Pradhan, Sri Sudhir Mohanty, advocate and Sri Rohan Mohanty, RTI Activist.

Details of the visit
Badanadab Village, around 25 kms from Dhenkanal district head quarter comes under administrative jurisdiction of Govind Prasad Gram Panchayat of Dhenkanal sadar Block.  This is a very small habitation of Scheduled caste community.  On 12.7.15, the Team visited the village at 12 o’clock and located the home of Sushant Naik and found his house half-constructed and locked. However, a man of around 50 years old   came out  introducing  him  as  uncle of Sushant  Sri Santosh Naik   received  the  team members  ad carried  them  to his  house. On query about whereabouts of family members of Sushant, he narrated the untold story of the family. He  said  that  five years back  ( 2010),  Ganeshwar Naik, father of Sushant Naik  who was working  as  Chowkidar   in Angul PHED Pump House  expired  on 25.4.10 after  prolonged illness. He was surviving   by his wife and five children (three daughters and two sons).  Two of his daughters have already got married.  After death of Ganeswar, the elder son   left home   for Tamil Nadu in search of livelihood and still bachelor.  He hardly comes to house. Sushant is the second ad only son staying with mother and lone unmarried sister Rita Naik who is + 2 students   studying in Debendra Satapathy Memorial College.

According to the villagers who gathered to interact with the Team, Sushant is generally good boy and very shy in nature.  The untimely death of his father   has psychologically shocked him a lot. With  the  money   received  from  Govt. ,  he  started  constructing  a pucca  house and left it half-constructed  for the reasons best known to him. Then, he concentrated to get a job under Govt. Rehabilitation Scheme.  His mother Bhasa Naik was receiving pension of Rs. 7,500 per month. Sushant was drawing all the money without giving a single pie to his mother.  It was learnt that   his mother and lone daughter were surviving with 25 kg BPL rice and Rs. 300.00 pension under Widow Pension Scheme. As reported by his uncle,  Sushant  used to go frequently  to  Angul  PHED office  and other offices  in his pursuit  to get a Govt. job.  He was also being guided and advised by a Union leader Sri Tanalu Gadanayak of Angul. He has spent huge money to get the job in Govt. While  inspecting  all the documents  and files available in his house,  it  was found that   there  is  a lot of  correspondence  made  between  Dept of  Housing and Urban Development, Chief Engineer, PHED, Bhubaneswar  and  Office  of Assistant Engineer, Angul  etc.  with regard  to processing of  his application. A letter written by Deputy Secretary, Housing and Urban Development to Chief Engineer, PHED, Odisha   requiring some documents like Income certificate,   no-demand certificate etc.  of Sushant. It proves that Sushant was making all correspondence and liaising with Govt.   to get the  job.   The Team members also came to know that he had sold 1.5 acres of paternal property without knowledge of his mother two years ago.  His mother got psychologically disturbed and mentally harassed by the act of his son, his erratic movement, taking all pension money, selling paternal property.  She along with her own daughter   could not take two square meal per day due to financial crisis.  Though his mother   has expressed her reaction and unhappiness over sale of property several times, he has not reacted anything and remained silence.  By the time his mother got mad that the Team members noticed during their visit.  On query  about   utilisation of the whole pension money  and amount received  from sale  of land,  the family members  said that  he had spent huge  money  by giving bribe to the officials  and for  his frequent  visit  to different officers  for paper work   to get the job.    On query about any idea   of recipient of the money as bribe-taker, they said that Sushant himself could tell it.  After sale of land, he along with his mother stayed in Angul taking a house rent for few months.  It may be as his mother’s signature is required for paper work; he stayed in Angul to finish this work.  However, on 16.3.15, he carried his mother to the Bank at Dhenkanal and withdrew Rs. 50,000.00 from Mother’s pension passbook and left her   in his house and   went to Bhubaneswar. Since this time, he had never returned back to the village. He had also not   made any mobile call to anyone of the family members. On5.7.15, the family members came to know about him when the news in print and electronic media covered    about his arrest in Bhubaneswar.

Observation of the Team
A.    Sushant   Naik is no doubt very simple and normal boy. He has no track record of any criminal activity in his village.  He has just passed 9th Class. After demise of his father, he might have been given idea by the colleagues of his father   and Union leader Sri Gadanayak that he could get a job under Rehabilitation assistance Scheme. That assurance has forced him to pursue to get the job in Govt.  In his endeavour  to get  job, he  has taken all attempts  by spending huge money  including giving  bribe to the officials at different  level  to get the job  which is  very normal  in Govt. sector. The Team  is  also  in their mission to  find out the truth  about the people who have taken   money from him  and  his  persuasion  and frequent visit  and meeting with different officials.

B.    He might be assured truely or falsely that he would definitely get the job under Rehabilitation assistance Scheme.  He has tried his level best to get the job.  That’s why, he has gone to the extent of selling his parental property to get the money which is required to be utilised to get the job.  When he failed to get the job, he got frustrated and hopeless and decided to take extreme step i.e., stabbing someone responsible for it.  The details of  his  harassment  or cheating  by someone, frustration  can  come to public unless he is  interviewed  and came out of the  jail.

Follow up  Action
A.    From this  case, the Team members  feel  that  this  is a test case of  harassment  and frustration of  a young boy  who was pursuing  to get a job under Rehabilitation assistance Scheme.  He is the  victim of a corrupt and lethargic system.  Thousands of    young people in Odisha and wife of deceased Govt. employees are running from pillar to post to get the job under the said scheme. They are forced not only to give bribe but also compelled to go for humiliating persuasion to get a Govt. job.  As  because  there is no transparency  in the procedure and  accountability  fixed  for it,  the  applicants  wait for years together  to get the job.  If anybody succeeds to influence minister or top bureaucrats,   getting job may be easier for him. Mal-administration and corruption Govt. machinery  force the  people to give bribe  and frequently visit the  different offices  to  attend the query and obtain  certificates  putting  a lot  of harassment  physically and mentally. 

B.    The Team  will pursue  this case  to give justice to Sushant  and his family  and  carry  forward  fight to bring  transparency  in the procedure  for  appointment  in Govt. job under Rehabilitation  Assistance Scheme.  The Team will take steps to enforce a clear cut time limit to be fixed for processing the application and ensuring job to the applicant in a time bound manner.

C.    Sushant’s ominous silence in Jharpada jail could not allow us to proceed further. After  long persuasion,  the family  members  Sri Santosh Naik, uncle  of Sushant  and  his brother-in-law    had  come to the jail on 14.7.15  to meet Sushant  and  to collect  information from him  about  the incident took place in secretariat  on 4.7.15, details of  money  given to officials  for job etc.   During  their meeting  with Sushant, they  could not  extract any  information from him   due  to his silence and refusal to speak  anything.

D.   Series of RTI Applications have been filed  to different  offices including Department of  Housing  and Urban Development, Govt. of Odisha and  Chief Engineer, PHED  to get  the  status  of the application of Sushant.

E.    The Team has already taken steps to make him released from jail by engaging advocates without giving any cost to Sushant. 

Team Members
Pradip Pradhan               Sudhir Mohanty                        Rohan Mohanty                  Sachikant Pradhan
M. 9937843482                  Advocate, High Court             RTI Activist, Cuttack           M. 9439487471

Sunday, July 12, 2015

Discretionary Quota in Odisha and CAG Report

 Allotment of Plot under Discretionary Quota (DQ), 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.
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 

Saturday, July 11, 2015

Protesting against secrecy maintained in appointment of OIC

Open Invitation to Join in

Mass Dharana protesting against secrecy maintained by State Government in appointment of   Information Commissioners in Odisha
Venue- Lower PMG, Bhubaneswar, Date-16.7.15

Dear friends
As aware you are, on 16.5.2015, Sri Narasingha Mishra  while coming out of  Selection Committee Meeting  held under Chairmanship of Chief Minister  for nominating names for the post of State Information Commissioner, said to the Media that  the selection  has been made arbitrarily  and  the people nominated   do not deserve to be Information Commissioner.  Similarly, on 18th May,  hundreds of RTI Activists and  Civil Society leaders assembled together  at Raj Bhawan and  submitted memorandum to Governor, Odisha  not to appoint the  arbitrarily and politically motivated selected  candidates in the post of the Information Commission.  It needs to be mentioned here that since last ten years, RTI Activists of the state have been demanding before the Govt.  to follow the transparent procedure in the appointment of  Information Commission. 

In our pursuit to know about details of procedure   followed for the selection and appointment of Information Commissioner, we the RTI Activists filed series of RTI Applications to the PIO, Dept. of Information and Public Relations just after the selection Committee meeting is over. Though two months have passed, the PIO has neither supplied the information nor responded RTI Applications.

So, it is clear that the State Government has followed fraudulent means and manipulated the procedure to selection their political stooges for the post of Information Commissioners.  It deserves  to be mentioned here that  while adjudication the Writ Petition No. 210/2012  and Review Petition No. 2309/2012, the Supreme Court has given direction to both Central Govt. and State Govt.  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.”

Since last ten years, this Govt. has taken every step not only to dilute the RTI Act but also to make office of Information Commission dysfunctional by appointing useless people as Information Commissioners.  Odisha RTI Rules, 2005 termed as absurd, anti-people and illegitimate is still in practice and standing as biggest stumbling block for the people to exercise their right to access the information under RTI Act.

So, in this context, Mass Dharana of RTI Activists and Civil Society leaders under the banner of Odisha Soochana Adhikar Abhijan and other Civil Society Organisations   is being organised at Lower PMG, Bhubaneswar on 16.7.15 at 10 AM demanding the information  about selection and appointment of Information Commissioners  to be put in public domain  and  withdrawal of anti-people Odisha RTI Rules, 2005. A memorandum will be submitted to Governor, Odisha appraising him about the arbitrarily procedure followed  for appointing  the Information Commissioners  which is illegal under RTI Act and seeking direction to Govt. to put all information  in public domain and  make it accessible under RTI Act. So that,  true Character of the State Govt.  will be exposed before the people of Odisha.

Pradip Pradhan
State Convener, Odisha Soochana Adhikar Abhijan
M-9937843482
Date-11.7.15

Tuesday, July 7, 2015

Huge land allotted to KIIT in Bhubaneswar at throw away price, Bulletin-2

Huge land allotted to KIIT in Bhubaneswar at throw away price causing crores of revenue loss to state exhequer , exposed through RTI

All of you might be aware about CAG expose about illegalities and irregularities committed by State Govt. in respect of allotment of land to KIIT and other Institutions in Bhubaneswar area. CAG has take up some test cases, examined its allotment procedure and exposed the nexus of state bureaucracy and Sri Achyut Samant, founder of KIIT in matter of allotment of land to KIIT at throwaway price. To know more about land allotted to KIIT in Chandaka Industrial area, Bhubaneswar RTI application was submitted to the PIO, Office of IDCO, Bhubaneswar on 22.9.14. The PIO on dated 24.10.14 has provided the information which as follows.
Sl.
Name of Institution or business house
IDCO plot No.
 Area allotted 
Date of allotment
Revenue received by IDCO ( in Rs. )
1
KIIT, Bhubaneswar
20/A
2.000
10.4.2000
1,12,00,000.00
2
Do
31
1.550
16.2.2002
54,25,000.00
3
DO
12/C
0.989
3.12.2003
33,41,500.00
4
DO
44
4.278
14.5.2004
94,11,600.00
5
DO
65 &20B
5.913
29.4.2005
1,60,21,800.00
6
DO
40/1
0.200
28.3.2006
5,00,000.00
7
DO
Excess land
1.905
17.7.2009
90,86,788.00
8
DO
238,230,22/A/2,45,41/E,
92,68/A,68/B,91/A & 91/B
4.683
17.7.2009
3,40,10,288.00
9
DO
102,M/4 to M/19, M/19/1, M/19/2, N/1 to N/1/C, N/2/1
14.000
25.7.14
15,75,00,000.00
10
DO
25
6.883
25.2.2004
1,25,34,155.00
11
DO
24 &12/A
3.896
29.4.2005
1,05,56,560.00
12
DO
A/8 & 9
0.987
30.5.2009
71,80,425.00
13
DO
44/, D & 44/E
3.214
10.6.2009
70,70,800.00
14
DO
16/D
1.000
14.4.2014
1,12,50,000.00


Total
51.498

29,50,88,916.00


Twenty Nine crores fifty lakh eighty eight thousands nine hundred sixteen







Comments

A.        Total land allotted to KIIT in only Chandaka Industrial area  is 51.498 acre  with payment of Rs. 29,50,88,916.00.

B.        This said quantity of land has been allotted to KIIT only in Chadaka Industrial area. Apart from that, KIIT has been allotted land by IDCO in other areas like Patia in Bhubaeswar.

C.        In 2006, KIIT has also received   26.970 acre of land from GA Dept. at the cost of Rs.6.76 crores (premium amount per acre per land fixed by Govt. is Rs. 25 lakh) . But during that time DSR (District Sub-Registrar) value of land was 1.5 crore per acre. By  allotting this land to KIIT at lowest premium value , the State Govt.  has incurred revenue loss of Rs.33.70 crores.

D.     The cost of payment per acre  of land allotted to KIIT is just Rs. 57,30,104.

E.      The DSR value (Govt. cost) of that land is more than 2 to 4 crores per acre of land from 2004 to 2014.
F.       During 1998 to 2009, the premium value of land was not revised by the Govt.

G.     CAG  Audit Report has pointed out that the Govt. has incurred revenue loss of more than  Rs. 250 crores  due to irregularities and undue benefit given to KIIT.

H.     Total of 14 acre of land allotted to KIIT on 25.7.14 is totally illegal despite objection  given by CAG. The said land was illegally encroached by KIIT . Despite this issue being raised by CAG report which was Submitted to Govt.  in January 2014, the IDCO allotted the land through passing a resolution in High-level Land allotment Committee presided by Sri Jugal   Mohapatra, the then Chief Secretary of Odisha.

( NB- It was circulated on 7.11.14 and reproduced  on 7.7.15) 

Pradip Pradhan, M-9937843482