Memo submitted to Chief Secretary on Appointment of OIC and Odisha Lokayukta Rules

Memorandum submitted  to Cheif Secretary, Govt. of Odisha  for  immediate  appointment  of Information Commissioner  in vacancy  post,  formulation of  Odisha Lokayukta Rules, Protection of RTI Activists  in Odisha 

Odisha Soochana Adhikar Ahijan

Plot No.-D-27, Maitree Vihar, Post-Rail Vihar, Bhubaneswar

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To

The Chief Secretary                                                                                                        Date- 3.7.20

Govt. of Odisha

Bhubaneswar

Sub- Memorandum for enforcing transparency and accountability in the administration.

Sir

We  the RTI Activists and members of Odisha Soochana Adhikar Abhijan  holding public demonstration at Lower PMG, Bhubaneswar   to air  our  grievance , hereby put forth  the following demands in order to enforce  transparency  and accountability  in the administration of the state.

A.      Appointment of State Information Commissioner in the vacancy post

RTI Act which is being implemented since 2005 has empowered citizens to exercise their right  to access information held under public authorities.  It has the mandate to enforce transparency and accountability in the administration and to  contain corruption. In case  of violation of RTI Act, the State Government has constituted  Odisha State Commission under section 15 of the Act    to  hear and  adjudicate  complaints and Second Appeal cases in order  to give justice to the appellants/ complainants and punish the erring PIOs.   But adjudication of  the cases gets  delayed  for years together  due to long  vacancy in the post of Information Commissioners. Cases  filed  in 2016  are  being listed now  for  hearing in 2020 by the  Commission i.e., after 5 years of filling  the case. The long delay in hearing has not only  frustrated appellants but also encouraged  the erring PIOs to continue  to deny the  information. It has damaged  prospect of RTI Act  in the state. This  problem is attributed   due  to non-appointment of Information Commissioners.   Presently ,  State Chief Information Commissioner  and State Information Commissioner  are  loaded  with more  than 12000 cases  for disposal.  In order to enforce appointment  of Information Commissioners in vacancy post created so far, the State Govt. has released two advertisements dated 24.6.2019 and 18.3.20 inviting applications  for selection of  candidates  for the said  posts. But  the selection process is seen halted  due  to unknown reasons. We , therefore  request  you  to expedite  the procession of selection and ensure appointment of atleast two Information Commissioners  in the state.

B.      Enactment of Odisha Lokayukta Rules

After a long fight  by Social Activists and intervention of the Supreme Court,  the State  Govt. constituted Odisha Lokayukta with appointment and Chairman and three members  in March, 2019. No dout, this is a welcome step  of the state Govt.  putting  in place an independent body  for  direct inquiry and investigation   into allegation of  corruption and irregularities  in  the administration. As per  section 57  of Odisha Lokayukta Act, the State Govt. is required to  frame Odisha Lokayukta Rules  for  effective implementation of the Odisha Lokayukta Act. But  though one year has passed, the state Govt. has not yet framed  Rules   required  to carry out  various provisions of the Odisha Lokayukta Act.  The Lokayukta as well as complainants are facing  a lot  of  problems starting  from filling of complaints  to  conducting preliminary  inquiry and final adjudication of the cases.  We, therefore request  you  to take  steps  immediately  for enactment of Odisha Lokayukta Rules.

C. Functional of RTI Cell at State Secretariat Reception Counter

In order to facilitate the receipt of RTI Allocations by the Information-seekers to various Dept.  of the state secretariat, the State Got. has opened  a RTI Cell at reception counter.   The RTI Applications withou facing any hurdles were seen submitting  their RTI Applications  at the Cell and taking  acknowledgement receipt and  money receipts . But due to COVID-19 lockdown,  this RTI Cell  has been closed  for  unknown periods. The State Govt. has neither made any notification about this closure  nor made any    alternate arrangements  for  submission of RTI Applications.  As  it is  seen,  the RTI Applicants are  facing a lot  of problems  to file RTI Application  and  facing  financial  constraints  by sending it by post. We, therefore  demand  that  this RTI Cell  should  be opened  at  the earliest  or any alternate arrangements  to be made in order  to help  the  citizens to file  their RTI Applications  to the Departments of the State Secretariat.

D. Attack  on RTI Activists is  rising  day  by day.   Within period of two  months, two RTI Activists  were murdered and  the police  is seen  silent  without  conducting any inquiry  into  murder of Ranjan Kumar Das of Kendrapara  district.  Police inquiry into murder of  Ahimanyu Panda, RTI Activist of Kondhamal  was  not properly  inquired , as  the  conspirators are seen scot-free. During COVID-19 lockdown, a number of RTI Activists have been threatened , mercilessly beaten up  , harassed with  false case filed  against them in local police station. The FIRs  filed  by the  RTI Activist are not  duly  registered  and inquiry  conducted. We, therefore request  you  to  direct all police stations to  provide  protection to RTI Activists and   immediate register  complaints filed  by the RTI Activists and take action accordingly.

Thanking  you

Yours  sincerely

Pradip Pradhan

State Convener

M-9937843482

Sanjukta Panigarhi

Srikant Pakal

Jitendra Sahu

Pratap Mohanty

Alaya Samantaray

Prakash Ch. Das 

Press Release on Banking Regulation ( amendment) Ordinance, 2020

Press Release  of OSAA

on

Banking Regulation ( amendment) Ordinance, 2020

Bhubaneswar : 30.6.20.  Series  of efforts  of  Social Activists , more particularly RTI Activists  working under  the banner of Odisha Soochana Adhikar Abhijan (OSAA)  in terms of raising issues of corruption and irregularities in Odisha State Cooperative Scam  and submitting plethora of memoranda to the the Prime Minister of India, Union Finance Minister, Reserve Bank of India, NABARD   demanding inquiry into Rs. 500 crore  scam in OSCB  committed  by State Govt. officials mostly Bishnupada Sethy , IAS , the then Management-in-charge  ( 2013 TO 2015)  and Sri Tusar Kanta Panda, Managing Director, OSCB ( 2013 to 2018) yielded big results, when the Govt. of India declared ordinance  for amendment of  Banking Regulation Act, 1949. The Banking Regulation Act, 1949 amendment Ordinance, 2020  seeks to enforce banking regulation guidelines of the RBI to cooperative banks (like other commercial banks), while administrative issues will still be guided by Registrar of Cooperative of Societies. This Amendment has given sweeping power to RBI on the regulatory and governance functioning of all Cooperative Banks of the country including the State Cooperative Banks, District Central Cooperative Banks and Urban Cooperative Banks. The Ordinance restricts cooperative banks from making loans or advances on the security of its own shares. Further, it prohibits the grant of unsecured loans or advances to its directors, and to private companies where the bank’s directors or chairman is an interested party.

RBI was earlier shying away from their responsibility on the regulatory and governance failure issues of Cooperative Banks taking plea of duality of control and now after promulgation of the ordinance, sweeping powers have been given to RBI on regulatory and governance matters of all types of Cooperative Banks. Henceforth it will not be easy for RBI to dump Cooperatives to the mercy of State Governments.

The areas of regulation which the RBI can now (by the Ordinance) can exercise are:

1. Issue of share capital and similar securities by co-operative banks would be regulated.2. The RBI can give directions for minimum capital requirement for cooperative Banks or raising the capital by the means of both Equity and Debt instruments.

3. The appointment of CEOs would require prior approval from the RBI and in this respect, qualifications would be set as to who could be appointed as followed in case of commercial banks.

4. RBI may supersede the Board of Directors of a multi-state cooperative bank for up to five years and supplement it with Board of Management. In the case of a co-operative bank registered with the Registrar of Co-operative Societies of a State, the Reserve Bank shall consult the concerned State Government before issuing order for supersession of the board of directors under section 36AAA of the Banking Regulation Act, 1949.

5. RBI can supersede management in case of liquidation or failure of any cooperative bank.6. The RBI is empowered to seek information from cooperative banks in the form of returns about the assets, liabilities, profitability, and operations.

7. The RBI can direct merger or consolidation of cooperative banks.

8. The RBI can now specify conditions when unsecured loans or advances may be granted and specifies the manner in which the loans may be reported to RBI.

9. The cooperative banks would be audited according to RBI rules.

Since 2015, RTI Activists like Pradip Pradhan, Ashok Nanda, Sudhir Mohanty , Srikant Pakal  have been  giving series  of petitions, memorandum and  complaints  to  the Reserve Bank of India, NABARD, the Prime Minister of India, Union Finance Minister  seeking  inquiry into multi-crore scam  in OSCB      and quick legal action against perpetrators  of crime. On  the basis of several petitions , NABARD conducted  statutory inspection of Odisha State Cooperative  Bank with reference to its financial position  as on 31^st March 2018.  This inspection Report presented to Registrar of Cooperative Societies, Odisha in April ,2019 gives  a picture of huge fraud, forgery  and loot of public money in name of various schemes  and agriculture loan to the farmers.  Though one year passed, the RCS, Odisha, OSCB did not take any steps . 

The  date-wise  petitions submitted  by RTI Activists on fraud, forgery,  corruption in OSCB  is as follows.

Date of  Submission of Complaint	Authority  who complaint  was files	Content  of complaints
28.8.17	The Chief General Manager, NABARD,   Bhubaneswar Regional Office, Bhubaneswar	Financial Irregularities and misappropriation of Public Funds in Odisha State Cooperative Bank.
1.7.19	Governor, Reserve Bank of India, Mumbai	Allegation against financial irregularities in Orissa State Cooperative Bank under protection of Senior officials of NABARD.
9.7.19	Chairman, NABARD, Mumbai	Request for inquiry  into Detection of massive financial and governance irregularities in the Statutory Inspection of Orissa State Cooperative Bank conducted by NABARD.
16.7.2019	Governor, Reserve Bank of India, Mumbai	Manipulation of statutory inspection report of Orissa State Cooperative Bank (OSCB) conducted u/s 35 (6) of B. R. Act, 1949 by officials of NABARD.
1.7.19	Sri Narendra Damodardas  Modi Hon’ble Prime Minister New Delhi	Allegation against financial irregularities and misappropriation of Central fund meant  for farmers  in Orissa State Cooperative Bank under protection of Senior officials of NABARD.
27.7.19	The General Manager,           DCBR, Reserve Bank of India, Bhubaneswar Regional Office,  Bhubaneswar.	Manipulation of statutory inspection report of Orissa State Cooperative Bank (OSCB) conducted by NABARD u/s 35 (6) of B. R. Act, 1949

 Pradip Pradhan

RTI Activist

M-9937843482

Date- 30.6.20

Suggestions invited by CM, Odisha on “Mahanadai Water dispute” waS Eye-wash Exercise

Suggestions invited by Chief Minister, Odisha   on “Mahanadai Water dispute” was unwanted and just Eye-wash exercise

Dear friends

In 2016, when the  Govt. of Odisha and Biju Janata Dal  raised the issue  of over exploitation of Mahanadi Water by Chhatishgarh Govt. which resulted in dry of riverbed of Mahanadi in Odisha even during monsoon season  and organized mass movement across the state ,  the state witnessed a lot of  activism involving all political parties, social activists, NGOs and intelligentsia    and generated a public debate   for  resolution of this dispute.  Rally, Dharana, demonstration was organized by  various political and non-political groups  creating war phobia against Chhitashgarh  and some others accusing both State Govt. and Central Govt.  for this crisis.

In the midst of on-going debate on  Mahanadi Water dispute , Sri Nabin Patnaik, Chief Minister, Odisha  invited  suggestions  from public with  huge advertisements  for  resolution  of Mahanadi Water dispute  which will  help preparing documents  for presentation in the tripartite meeting dt. 17.9.16. called  by  Ministry of Water Resources, Govt. of India  for dispute resolution.

Responding  the  call  of  Chief Minister,  thousands  of  people  and hundreds  of organisations including  various political parties  stood  in queue  for  the whole day or  days together  to meet Chief Minister and submit  their respective suggestions in form of memorandum. This melodrama  continued  for  days  together  in state secretariat with  Chief Minister receiving memoranda  from cross section of the people. As  reported, the  Chief Minister  only  conveyed  “ thanks” to the visiting people  without discussing anything about  the Mahanadi issues.

After  this event is over, RTI Application dt. 19.9.16  was submitted to the PIO, Department of Water Resources, Govt. of Odisha seeking  the  following information.      

i.  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. Name of the organizations who   met Chief Minister personally and presented their suggestions with date of their meeting.

iii. Name of the officials who were in charge of compiling the suggestions given by different organizations.

iv. 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.

v. Name of the officials who prepared the documents for presentation by Chief Minister in tripartite meeting.

vi. Copy of the documents which was presented in tripartite meeting for discussion with Chhatisgarh Govt. facilitated by Uma Bharati, Minister for Water resources.

vii.  Details of outcome of the tripartite meeting  and copy of press release given by Chief Minister. 

This RTI Application was forwarded to the  PIO, office of Engineer-in-Chief, Water Resources to provide  information.  The PIO   provided   incomplete information with  the First Appellate  Authority endorsing  the same. Then on 5.11.16., the Second Appeal petition was  filed  in Odisha Information Commission seeking direction to the PIO to provide  complete  information. The hearing of the  case  registered  as Second Appeal No. 191/2017  was  heard   by State Chief Information Commissioner, Odisha  and  direction was  issued  to the PIO, office of Engineer-in-Chief , Water Resources  to provide  complete  information  as  sought for. The PIO provided  all the  information except  the  following one  which was  crucial  for me,  as the Chief Minister  has declared  that  the  important suggestions  received  from the experts will be  accepted  and put  in  the  documents for resolution of water  disputes.  

iv. 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.

When  the  Commission  made query  about  reason of non-supply of the information,  the PIO, office of EIC, Water Resources submitted  that he had  transferred  RTI Application to the parent Department i.e., Water Resources  Dept.  to supply  the  information  due  to its non-availability  in their office. But  the PIO, Water  Resources  Department  did  not  supply  the  information about “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.”.

It was reported  that  the PIO, Dept. of Water Resources  could not  provide  the same  due to non-availability  of the  information. It means the   not  a single  suggestions  given by  thousands  of people and experts  submitted to  Chief  Minister  was  taken into account  for  its  incorporation in the  final  document prepared  by  the Govt. for  submission to the Central Govt.  Secondly, the   plethora of suggestions  submitted in form of  memorandum  was simply  packed  in a bag  and stored in a corner  of  the  office  which  is  gathering dust till today. Neither the  Govt.  has engaged   any  officer   to open  it  nor   has any   responsible  officer of this Dept.  any  interest  to  study  it.  It  was  just  an eye – wash  exercise  to deceive  the  people  of Odisha  that  Chief Minister  cares   their  views  which  was  in fact  a big farce.

The story does not end here. On 28.2.20. while adjudicating  the  case, the State  Chief  Information Commissioner  has  issued  direction  to the PIO, Dept. of Water resources  to supply  the said  information or file an affidavit  about  non-availability  of  information.  The  Commission  has also taken  adverse view  and issued show-cause  notice  to the  PIO   to reply  why  penal action  under  section 20  will not be  taken  against  him.

Pradip Pradhan

M-9937843482

Date-25.6.20