Hiring of Aircraft/ Helicopter for use of VIPs on hired basis by GOO

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  helicaptor  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 

Police atrocity in Belabahali village of Kendujhar district Odisha

Director General  of Poliice, Odisha  was urged  to  withdraw  police force  from   Belabahali village  of Keonjhar district  and  false cases  registered  against hundreds of the villagers.

On 20 July 2015, around  60 representatives of 28  Social Action Groups  staged  dharana  in front of Director General  of Poliice, Odisha, Cuttack and  presented  a memorandum (attached for reference) urging him to withdraw police force from Belabahali village of Keonjhar district  and  false cases registered  against hundreds of the villagers and  release  the people who are in Keonjhar jail. The members of the Delegation who met Sri Sanjib Marik, DG, Police were Sri Debesh Das, Pradip Pradhan, Ashok  Mallik, Raju Singh, Sudhir Mohanty and other  three members.

On 18.7.15, being perturbed  over  repeated news  about  police  atrocity in Belabahali Gram Panchayat  and enemas’ arrest  of hundreds of the people  in mid-night  of 7^th July 2015,  a 15-member  Fact-finding Team of Civil Society Groups had visited  to Belabahali village to ascertain the fact about the incident and magnitude of police atrocity and reason of it. The Team members were Pradip Pradhan, RTI Activist, Sri Khirod Rout, advocate, Sri Sudhir Mohaty, advocate,  Sri Raju Singh, Sri Ashok Mallik, Dalit Leader, Social activists like  Pratap sahu, Sachikant Pradhan, Menaka Kinnar, Khirod Routray, Sanjay Sahu etc.

While interacting with the people after physical inspection of the area,  the Team found that the people of Belabahali had been opposing proposed diversion and expansion of the road and construction of new  bridge on 215 National Highway  over Kushei river by National Highway Authority of India and the State  Government on the pretext that it  would create water-logging  and flood in the area and damage 2000 hectares of agriculture  land which would have negative impact on their economy.  While opposing  the proposed  plan of NHAI, They have also been suggesting to the State Government for expansion road of 215 NH as it exists and construction of the bridge on  Kushei River before entry into the village which will be cost effective, less land acquisition and flood free. In support of their demand, they have also been blocking the construction work on peaceful way.

But 7^th at around 3 to 4 AM, without any intimation, the police suddenly  started its operation of seizing the village and blocking all the roads to Belabahali  village and started beating up mercilessly the children, women, older persons who were going to river for bath  and open defecation. The Police also arrested many people mostly woman enemas’ and forwarded them to jail. Many older persons have been seriously injured due to police atrocity. 

The Team Members also noticed that the huge police force had been deployed around the village to arrest the villagers at any time. Out of fear and evade arrest, the villagers could not go to agriculture field for cultivation. The children could not go to the school. The students could not go to apply form for admission and entrance test for job. The people who have suffered injury are not allowed for treatment. As reported by the villagers, 63 woman and older woman and 36 male have been put in jail. The police have filed false cases against 1000 of villagers. 

The Team members felt that the villagers have been traumatised and their socio-economic condition getting deteriorated day by day. The daily wage labourers ad dalit  people are also seen suffering due to  police seizing the village, as they could  not go outside for work. Their condition is very critical and  their family members are getting starved.

The Demands of the Civil Society Groups  are as follows.

A.  Take steps to  get released all the innocent people from the Keonjhar jail  and withdraw  all the  false cases registered against them.

B.  Withdraw all the FIRs filed against the villagers as an attempt to suppress the  public opposition to the proposed plan for expansion  and diversion of the road  of 215 NH.

C. Recommend to Chief Minister for Judicial inquiry  into  the police atrocity  on the innocent villagers of  Belbaahali village .

D.  Withdraw all the police force deployed  around the  village

Pradip Pradhan, M-9937843482, Date-20.7.15 

Ridiculous and Whimsical Order of the FAA, Odisha I&PR Dept

Ridiculous and Whimsical  Order of the First Appellate Authority, Dept of Information and Public Relation Department, Govt. of Odisha in context of disclosure of  information  relating  to selection and appointment  of Information commissioner in Odisha  – An order to deceive  the Appellant

On 18.5.15, I had submitted RTI Application to the PIO, Department of Information and Public Relation, Govt. of Odisha seeking information about procedure followed for selection of candidates for the post of Information Commissioners. The details of information sought for is as follows.

i. Provide information about   whether the State Govt. has developed any written procedure for appointment in the post of Chairman and Members of Odisha Information Commission. If yes, please provide copy of it.

ii. Provide information about details of procedure followed for issuing advertisement to nominating candidates to the post of Chairman and Members of Odisha Information Commission.

iii. Provide list of Candidates applied for the post of Chairman and Members of Odisha Information Commission following the advertisement

iv. Provide  information about details of 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.

 v. Provide details of reason / justification behind rejecting the candidature of the applicants applied for the post of Chairman and Members of Odisha Information Commission (information to be provided candidature-wise)

vi. Provide name of the Scrutiny Committee or Search committee or any Committee or any officers  assigned  to scrutinize the application and copy of the proceedings of that committee, if any

vii. Provide information about the criteria taken up or the procedure followed for scrutinizing the application of the applicants.

viii. Provide copy of the proceedings of the selection Committee meeting held twice for nominating the name for the post of Chairman and Members of Odisha Information Commission

ix. Provide information  about the views of the opposition leader or  dissenting note, if any given by the opposition leader  as member of the selection Committee.

x. Provide copy of the file noting starting from the process of issuing advertisement to finalization of candidates for the post of Chairman and Members of Odisha Information Commission in the selection committee.

xi. Provide copy of the letter sent to Governor, Odisha proposing the name of two candidates   for appointment in the post of Chairman and Members of Odisha Information Commission

Interestingly, though the I and PR Dept is the nodal Department for implementation of RTI Act in Odisha and expected  to be model , the PIO of this  Dept defied the RTI Act  in broad daylight by not responding the RTI Application. As per the Act, if the PIO does not want to provide the information, he has to reject the application citing the reasons under section 7 (1) of the RTI Act.

However,  finding no  information,  I made  first appeal dated 22.6.15 to the First Appellate Authority  ( FAA)             of the Department  to  direct the PIO  to provide the information free of cost.  The FAA heard my case 14.7.15 in my absence (I opted to remain absence)  and  passed   the following order. (Extract of the decision of FAA)

“ PIO and APIOs stated  that  the information  on the procedure  of appointment  is already available  in the public domain in e-despatch of  Information ad Public Relations Department at http:// inpr.odisha.gov.in/ , so far the point No-i, ii and other related  information are  concerned. Any citizen is free to access the website.  At the time of seeking information by the appellant the procedure of appointment was under process. There is no post of Chairman and Selection Committee under RTI Act, 2005. After studying pros and cons of this case, the 1^stAppellate  Authority  hereby directs  the PIO  that  the process of appointment  may be provided  with available  information  within 15 days of the receipt of this order free of cost  as per section 7 (6) of the RTI Act, 2005 “   

Analysis of the Order of the FAA

1.  The PIO stated that   the information on the procedure of appointment is already available in the public domain in e-despatch of Information and Public Relations Department.  If it was available, then what was the problem with the PIO to provide it within 30 days of the submission of RTI Application as per section 7 (1) of the RTI Act.  If the selection process was going on, what was the problem with the PIO to inform the applicant as required under the RTI Act.

2. The information was sought about written procedure which might have been framed by the Govt.  prior to starting the selection procedure. This information could have been provided by the PIO in response to RTI Application. If there was no written document with the Department, the PIO should have intimated it.  The First Appellate Authority (FAA) failed to understand the content of information sought for.

3. Information about details of procedure followed for issuing advertisement to nominating candidates to the post of Chairman and Members of Odisha Information Commission is already available in the Department following which the advertisement was issued in Feb. 2015. What was the problem with the provide this information.  FAA has precariously failed to understand it.

4. Information about  list of Candidates applied for the post of Chairman and Members of Odisha Information Commission following the advertisement  was already  available  in the Department  following which  the  selection Committee meeting  held on 16.5.15 finalised two names for the post of the Information Commissioners. RTI Application was submitted on 18.5.15 and information to be supplied by 18.6.15.  Why the PIO denied supplying this information.  The FAA has failed to clarify it.  It needs to be mentioned that this information has not been supplied to 5 RTI Applicants till yet.

5.   Information about the criteria taken up or the procedure followed for scrutinizing the application of the applicants is already available in the Department following which two candidates were selected on 16.5.15. What were the bottlenecks to provide the said information?  It is fact that the PIO with malafide intention has suppressed the information.  The FAA has remained silence on this issue.

6.   The PIO has said there is no post of Chairman and Selection Committee under RTI Act, 2005. It is totally rubbish and proves how the PIO is ignorant of the RTI Act.  It is very common question how the Govt.  will select name of the  candidates  without a Committee. As per section 15 (3) of the RTI Act “  the State Chief Information  Commissioner  and the State Information commissioner  shall be appointed  by the Governor  on the recommendation  of  a committee   consisting  of (i) the Chief Minister,  who shall be  the Chairperson of the committee, (ii)  the leader of opposition  in the Legislative Assembly as Member, (iii) a Cabinet  Minister  to be nominated  by the Chief Minister. It is interpreted as Selection committee by the SIC, Central Information omission, entral Govt. etc. The PIO is so ignorant of the law, he could neither understand not interpret the said provision of the law. Oh God excuse them, they do not know what they are doing. 

Last but not least, I am still waiting to get the information from the PIO as per the direction of FAA. After getting this information I will again educate the readers about the true character of Odisha bureaucracy.

Pradip Pradhan, M-9937843482

Governor of Odisha to Inquiry the appointment of 2 OICs

Memorandum submitted to Governor, Odisha Seeking High-level Enquiry into huge irregularities, corruption, malpractice and favouritism noticed in appointment of Odisha Information Commissioners.

On 16.7.15,  Hon’ble Governor of Odisha  assured  a four-member delegation  ( Pradip Pradhan, Sudhir Mohanty, advocate, Sri Debesh Das, retired bureaucrat and Sri Sanjay Panda, RTI Activist)  to order  to the State  Government  to  enquire  into  allegation of  non-supply  of information  by the Department of Information and Public Relation  about  the details of   procedure followed for selection and appointment of  Information Commissioners.

A Mass Dharana was organised by RTI Activists   under banner of  Odisha Soochana Adhikar Abhijan  (a State-level Forum spearheading campaign for effective implementation of RTI Act in Odisha)  demanding high-level enquiry into huge irregularities, malpractice, favouritism made in the appointment  of Odisha Information Commissioners  by corrupt bureaucrats, disclosure  of  all  information in public domain  about  details of procedure  followed,  criteria taken up for short-listing  candidates, details of applicants  and proceedings of the Selection Committee and withdrawal of anti-people  Odisha RTI Rules, 2005.

After declaration of the name of two useless candidates for the post of Information Commissioners on 16.5.15, the Civil Society Groups and RTI Activists submitted memorandum to Governor, Odisha  on 18.5.15 appealing him not to give appointment to these people who have been arbitrarily  selected  by the Govt. without following any transparent procedure. After that series of RTI Applications were submitted to the PIO, Department of Information and Public Relation  to provide details of procedure followed for appointment of Information Commissioners.  Though about two months have passed, the PIO has not responded the RTI Application.  It is clear that  the  PIO  with  malafide intention  and to keep secret the corruption and irregularities involved  in appointment  has  denied  the information.

It needs  to be mentioned here that  on 30.4.15,  we the RTI Activists holding Dharana  at Raj Bhawan had submitted a memorandum to His Excellency to direct 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.

Similarly, on 18.5.15,   a good number of representatives of Civil Society Organisations and RTI Activists had   gathered at Raj Bhawan and submitted a memorandum to His Excellency for quashing the arbitrary decision of the state government for selection of two persons for appointment in the post of State Information Commissioners by the Selection Committee headed by Chief Minister on 16.5.15 on the ground of noncompliance of section 4(1) C of RTI Act and non-transparent procedure.

 

 As per section 15 of the RTI Act, the Information Commission is an independent adjudicating authority empowered to hear, enquire and dispose the cases of violation of RTI Act,  impose penalty on erring PIO  and dispense justice to the complainant-citizens. The Commission is also required to enforce transparency and accountability in the administration. So, the appointment of the Commission should be transparent and the people who are being appointed in the Commission must be above suspicion. But it is matter of regret that the State Government has maintained utmost secrecy in the appointment of the Information Commissioners.

As per section 4(1) (c ) of the RTI Act, the concerned public authority is obligated to disseminate show motto all relevant information relating to adoption of any important policy or decision that effect public interest. As you might further know the selection committee for the appointment to State Information Commission being a public authority within the meaning of section 2 (h ) of RTI Act ought to have disclosed show-moto the   information relating to procedure of the selection of the Information Commissioners  prior to taking such decision.

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.”

It has been decided in Dharana by RTI Activists  to  block the office of the Commission, if the information is not provided  within 15 days  of the order of the Governor, Odisha.

Pradip Pradhan, M-9937843482, Date- 17.06.15

Who is RTI Activist?

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 purse 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.

Pradip Pradhan

M-9937843482

Monitoring of Advocate fees given by Govt. of Odisha through RTI

Monitoring of Advocate fees given by  Govt. of Odisha   through RTI

( Bulletin-1)

 It  has  been  discussed several times in Mass Media  that  huge fees  is given  to Advocates  by the State  Government  to  fight out  the cases lodged by the  citizens/ aggrieved  parties to protect  itself  from   different scams  or  not  to allow any independent investigation  into ay scam  like mining scam, Chit Fund Scam etc. in the state at the cost  of the state exchequer.   To fight out  a Mining  loot  Case  in Odisha High  Court, the State Govt. had paid Rs. 32 lakh  to a Supreme Court Advocate for  a single day of appearance  in the  hearing  of the case. It  is the prerogative of the  State Government to engage Advocates  in  different  courts and tribunals  to fight out the  cases  filed  against  any decision of the Government  by the aggrieved  parties.

As  the money paid to  the Advocates  is  the people’s  money,  each  citizen has  right to know  about the recipients  of the money, purpose of the payments  and the benefits  of the Govt.  from these payments  etc.  Keeping it in mind, RTI Application was submitted to different Govt. Departments seeking information about  details of budgetary provisions made each year to fight the cases in courts and advocates fees paid  to different advocates etc.  from 2009-10 to 2014-15.  The PIOs of different  Departments  have not provided  me complete  information.  The Readers  will get astonished  how such huge  money has been given  to  many advocates  to fight the  cases   in different  courts  for years together without  any  results.

At first,  I present herewith  the details of   major fees  given  to  Advocates  by the Department of Steel and Mines,  Govt. of Odisha from 2009-10 to 2014-15

Year	Name of Advocates	Amount paid  ( In Rs.)	Case No.
2009-10	K.K.Venugopal	5, 80,000	CA No.- 1883/2006, SLP Case No. 14610/2009
2010-11	K.K.Venugopal	3,30,000	WPC No.- 202/1995
2011-12	K.K.Venugopal	6,30,000	CA No- 1883/2006
2009-10	Srikant Nayak	7,79,000	Around more than 50  Writ Petition Cases
2010-11	Srikant Nayak	1,62,000	5 WP Cases
2012-13	Srikant Nayak	1,07,800	WP C No 2076/09 & 81 other cases
2009-10	Anindya Kumar Mitra	5,75,000	WPC No. 23/09
2010-11	Anindya Kumar Mitra	8,25,000	WP C No.- 146/09
	S.K.Dutta		WPC No.-23/09
	S. Giri		WP C No-23/09
2010-11	R.Ramachadram	3,80,000	SLP Case No.- 15768/11
2012-13	R. Ramachandram	1,90,000	WP C No.-33926/10
		1,65,000	SLP C No-33926/10
2010-11	Makul Rahatogi	17,90,000	PIL CASES WPC No- 13858/09
2011-12	Makul Rahatogi	7,10,000	CA No- 1883/2006
2012-13	L. Nageswar Rao	2,25,000	WP C No-60/2013
		2,25,000	SLP Case NO-11250/12
2013-14	L. Nageswar Rao	4,80,000	SLP Case No.- 20635/11
2012-13	Dipankar Gupta	6,00,000	CP No.-7090/12
2012-13	A.H.Desai	5,50,000	WP C No- 429/12
2013-14	A.H.Desai	5,50,000	WP C No- 429/12
		16,50,000	WP C No- 120/12
2014-15	A.H.Desai	11,00,000

Pradip Pradhan

M-9937843482

Date- 15.7.15