Complaint filed in Odisha Human Rights Commission seeking immediate enquiry into Brutal Attack on a Boy of 10 years old

Complaint  filed  in  Odisha Human Rights Commission  seeking  immediate enquiry into Brutal Attack on a Boy of 10 years old , son of RTI Activist of Kendrapara district, Odisha 

This is the first ever case  in  Odisha  of a child  being suffered  and mercilessly attacked  by miscreants  due  to  efforts of  Father i.e., RTI Activist to expose  corruption through RTI.   

On 25.5.16,  a  Complaint  was filed by RTI Activists  in Odisha Human Rights Commission  seeking  immediate enquiry into Brutal Attack on a Boy of 10 years old , son of RTI Activist of Kendrapara district, Odisha and  inaction  of the police. RTI Activists  Sri Pradip Pradhan, Sudhir Mohanty and Pratap Sahu have appealed  to the Commission  to immediately issue direction to the Director General of Police to appoint a special team to enquire into the matter and take necessary legal action against the culprits and direct  to the Superintendent, S.C.B. Medical College and Hospital, Cuttack to provide free treatment to Suvam Rout and award compensation of Rs. 5 lakh  to Kalandi Rout, a poor labourer for the loss and suffering due to attack on his child.

That,  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, Jobra. After week-long treatment with expenditure of Rs. 2 lakh and finding no improvement in the condition of the boy, the parents ensured her admission in S.C.B. Medical, Cuttack.  Suvam is in Central I.C.U. and fighting for survival.

This unfortunate incident has its background. That 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.  It is presumed that the attack on his son Suvam in mid-night is the result of the conspiracy hatched by the said coterie. Besides taking steps to ensure admission of  his  severely injured child in hospital, he has 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. 

On 25.5.16,  a fact-finding Team of Odisha Soochana Adhikar Abhijan comprising  Sri Pradip Pradhan, Sri Sudhir Mohanty, Sri Rohan Mohanty, Sri Debesh Das, Sri Pratap Sahu, Smt. Sanjukta Panigrahi  visited  S.C.B.  College and Hospital Cuttack   at 11 am. They  met  and discussed with the parents, Medical Staff  and with Dr. Sanjib Mishra, HoD, Neuro-Surgery  about treatment of the child.  The condition of the boy is still critical. His life is not out of danger. However, the Team got  convinced  that  proper treatment  is given to the child.

Pradip Pradhan

M-9937843482

Date- 26.5.16

RTI Victim- A Ten Year old Boy of Kendrapara District of Odisha

RTI Victim- A Ten Year old Boy of  Kendrapara District of Odisha

 (Poor Parents seeking financial support for treatment of Boy)

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

Odisha Information Commission to supply the decision of their cases in Odia Language

Odisha Information Commission to supply the decision of their cases   in Odia Language

Appeal to all Complainants/ appellants to ask the copy of their decisions in Odia language from Information Commission

In reply to an RTI Query dated 24.2.16, the PIO, Odisha Information Commission had provided the information that Sri Srikant Biswal, an Odia Translator had been appointed in 4.1.16 to provide to the complainant/ appellant the decision of Odisha Information Commission in Odia language.  The PIO has also stated that as no complainant / appellant has sought the odia copy of their decision, the Commission has not yet supplied any copy of their decision in Odia Language. It deserves to be mentioned here that the so-called Odia-loving people appointed as Information Commissioner like Sri Tarun Kanti Mishra, Sri Jagadananad Mohanty have hesitated and could not be able to write their decision in Odia language.

 In 2013, Sri Nilamani Joshi, eminent RTI Activist of Bolangir district    and English-illiterate person had written a letter to Odisha Information Commission to take the photocopy of the decision of his Second Appeal case (SA- 773/2013) in Odia language. Sri Tarun Kanti Mishra who is acclaimed as best Odia litterateur (?) refused him to give the decision of the case  in Odia language . Sri Joshi challenged it in Odisha High court. While adjudicating the Writ Petition No. 19851/2013 dated 26.8.13, the High Court gave the direction to the Department of I and PR, nodal Dept. for RTI to take decision with three months for appointment of translator in the office of Information Commission.

The Dept. of I and PR created two posts of Translator after getting concurrence from the Dept. of Finance.   It took around 3 years by the Govt. to carry out the order of the High Court. After a lot of so-called correspondence among the Dept. of Law, State Selection Commission and Odisha Information Commission,  a single translator has been appointed  in the office of Commission to provide copy of the decision of  cases in Odia language. But it is interesting to note here that   the Commission has not yet sent to anybody  copy of the decisions in Odia language.

Pradip Pradhan

M-9937843482

Date-23.5.16

Monitoring of Functioning of Odisha Child Rights Commission through RTI

Monitoring of  Functioning  of Odisha Child Rights Commission through RTI

RTI Application was submitted  to the PIO, Office of Odisha State Commission for Protection of Child Rights   seeking  information about details of  budget  made for the Commission  and other related activity  from 2013-14 to 2015-16

 i. Provide   information about details of budgetary provision made  and fund sanctioned  to Odisha Child Rights Commission ( OSCPCR)   under different heads and fund utilized ( year-wise).

ii. Provide information about details of visit/tour to different places  by the Chairman and Members of OSCPCR  and staff as per the following format ( year-wise)

iii. Provide information  about  details of visit made by the Chairman and members of OSCPCR  and officer  and  staff outside of the state for various purpose  as per the following format ( year-wise)

iv. Provide information about details of approval made by the appropriate authority in  respect of visit of  officer and  staff made outside of the state and copy of it.

v. Provide information about member of OSCPCR and  category of the officer  and  staff entitled to avail  travel by train/ Air/ any other mode. Provide copy of   circular or guideline in this regard.

vi. Provide name of the different travel agencies  with address including name of proprietor  from which the Commission has hired the vehicle for different purpose and details of payment made  to the agency with date.

The PIO provided the following information on dated 30.3.16.

1.     The details of budgetary provision made  for OSCPR is as follows.

OPEPA Grant
Year	Allotment	Expenditure	Remarks
2013-14	NIL	NIL
2014-15	10,00,000/-	10,00,000/-
2015-16	10,00,000/-	Expenditure is yet to be calculated after closing of financial year
WCD Grant
2013-14	25,00,000/-	25,00,000/-
2014-15	25,00,000/-	25,00,000/-
2015-16	18,82,000/-	Expenditure is yet to be calculated after closing of financial year

2.     No. of Tour programme made by Chairperson/ Members  of OSCPCR  within state during their tenure from 2010 to 2016

Name	No. of Tours
Smt. Saraswati Hembram	24
Dr. Sruti Mohapatra	1
Sri Rajendra Meher	25
Smt. Kasturi Mohapatra	1
Ms. Rajalaxmi Das	6
Ms. Sandhyabati Pradhan	11

3.     No. of visits made by the Chairperson/ Members/Staff /Officer outside the state of Odisha

Name of Chairperson/ Members/Staff /Officer of OSCPCR
Smt. Saraswati Hembram	2
Dr. Sruti Mohapatra	4
Sri Rajendra Meher	6
Smt. Kasturi Mohapatra	1
Ms. Rajalaxmi Das	2
Ms. Sandhyabati Pradhan	3
Ms. Usharani Das, OAS, Under Secretary	2
Smt. Santoshi Sahoo, OAS, Secretary	6

4.     Name of Travel agencies from which the vehicle has been hired

Name of travel Agency	Name of the proprietor	Total amount
Sri Jaganath Travels	Prakash Kumar Panda Plot No.- 99/1, Jayadev Vihar, Near Palheight Hotel, Bhubaneswar-13	3,11,996.00
Jayadev Travels	Saroj Kumar Sahu 306, B. Rajadhani, Kalasansad, Kharavela Nagar, Unit-3, Bhubaneswar	1,18,192.00

5.      Entitlement of travel by the members and staff of OSCPCR is as per  O.T.A. Rules.

Srikant Ku Pakal

RTI & Human Rights Activist

M-9338455092,

Odisha Information Commission hobnobbing with delinquent Officials

Odisha Information Commission hobnobbing with delinquent Officials and acting as protective shield for  corrupt bureaucracy 

Case Study-1

As per section 15 of the RTI Act, the State Information Commissioners shall function as independent and autonomous body and discharge their duties without being subjected to directions by any other authority under this Act.  As per section 18, 19, and 20 of the Act, the SICs are required to hear complaints/appeals, dispose the case with direction to ensure the information to the complainant/appellant and impose penalty on disgruntled PIOs for denial or delay in supply of the information.

 It is observed in Odisha that the people having failed and seriously harassed by the PIO in form of repeated denial of information, have approached the Information Commission  by filling complaints and appeals  with prayer to get the  information and impose penalty on the PIOs. It is interesting to note that the information is denied by the PIOs for years together for which the common people suffer a lot and could not be able to address their problem due to lack  of information. Many PIOs deliberately and consciously deny the information on the pretext that disclosure will expose and bring to limelight the corruption, malpractice and misappropriation of fund by the administration. So the provision of penalty under RTI Act has been made to act as deterrent and enforce effective implementation of RTI Act. If the penalty is not imposed, it will discourage the PIOs and the Public Authorities to continue to deny the information within stipulated time period. If this practice continues, the very objective of the Act will not only be defeated, but also   cause negative impact on the Information seekers who will be discouraged to file RTI to get the information. The end result will be silent burial of RTI in the state.  This situation has already taken place in Odisha since last ten years due to unholy alliance of Odisha Information Commission and corrupt bureaucracy. It has been witnessed that the State Govt.  without following any transparent procedure has  made arbitrary appointment in the post of Information Commissioners. Many corrupt people  like Sri D.N.Padhi retired IAS, Sri Jagadanand Mohanty and Sri Tarun Kanti Mishra, former Chief Secretary have been appointed  in the Commission who during their tenure have destroyed RTI Act in Odisha

The close observation about functioning of two newly-appointed Information Commissioners    has substantiated the allegation that these Information commissioners are inefficient and ineffective and hand in glove with corrupt bureaucracy.   Many of RTI Activists Sri Biswajit Mohanty and Sri Bhawani Nanda have exposed it within couple of months.  I cite herewith an example of my case where the Information Commission has made scot-free the erring PIOs without imposing penalty.

1.      On 16.8.13, RTI Application was submitted to the PIO, Dept. of Panchayat Raj, Govt. of Odisha seeking information  about complete list of APL, BPL  beneficiaries  of village Dharpur, Kairpur, Raghunath Nagar, Moghalpatna, Gokalpur  in Rahania Gram Panchayat under Mahanga Block, Cuttack district allotment of commodities and their quantities under PDS  to the beneficiaries  etc. The RTI Application was ultimately being forwarded to the PIO, Office of BDO, Mahanga Block  who received the application on 19.9.2013.

2.      Finding no information from the PIO, First Appeal was made on 30.11.2013 to the FAA-cum-BDO, Mahanga Block to get the information. The First Appellate Authority neither heard the case nor disposed it.

3.      Then, the Second Appeal was made to Odisha Information Commission on 27.1.14.

4.      After one year, the Commission started hearing in Dec. 14 and appointed Sub-Collector, Cuttack Sadar to conduct an enquiry into the circumstances of delay and the persons responsible for the same.  On 20.1.15, the Authorised officer submitted report to the Commission. The Enquiry Officer  has indicated that  incomplete information was furnished to the Appellant  and as regards delay in supply of the information, the Sub-Collector had indicated that due to negligence at the level of In-charge Marketing Inspector, Mahanga, supply of the information have got delayed. The Authorised officer had also  observed that the delay of 26 days was made  by the PIO  for providing  the information  to the appellant  and the balance information  could not be  provided.

5.         On 5.8.2015, acting upon the enquiry report, the Commission   issued the show-cause notice to the delinquent officials holding them guilty of not furnishing the information and   why penal action will not be taken against them under section 20 of the RTI Act.

6.      The holding of the hearing fixing so many dates by the Commission, submission of  response to show-cause notice by the delinquent PIOs, correspondence  among themselves   continued for 9 months.

7.      On 5.5.16, both the Information Commissioners Sri L.N.Patnaik and Ms. Sashiprava Bindhani  disposed and closed the  case with the direction that  as the delay was not intentional, the PIOs were exonerated from penalty.

8.      The delinquent PIOs while leaving  the Commission’s room after declaration of the decision of the Commissioners   got relaxed, thanked God  and decided to continue  to defy the law, as there is no fear of penalty because the Information Commissioners  have been appointed by Nabin Patnaik Govt. to protect their corrupt practice at the cost of RTI in Odisha.

This is the real character of Odisha Information Commissioners. The people of Odisha should be cautious about it.

Pradip Pradhan

M-9937843482

Date- 20.5.16