Conspiracy of Odisha bureaucracy designed downgrade image of Governor exposed under RTI

While GA Department denied  information about Governor’s visit to his home town ,  the Office of Governor, Odisha shared all  information enforcing utmost transparency  in their functioning.

Denial of  Information under RTI  by Department of General Administration, Govt. of Odisha  about details of requisition and proposal requiring financial sanction   given from Governor’s office for visit of Governor to his home town of Harayana and sanction of Govt.  – It  confirmed  the conspiracy of State bureaucracy facilitated  by Chief Minister’s Office to malign Governor publicly, exposed  under RTI

Dear  friends

In the first week of July, 2017, paid media of Odisha highlighted   expenditure of  Rs. 44 lakhs towards hiring special chartered  flight  for  visit of Hon’ble Governor from Bhubaneswar to his home town Sirsa of Harayana. This news was deliberately given  to press by corrupt bureaucrats associated  with Chief Minister’s office  to  downgrade  his image publicly. However after strong reaction from Governor’s house ,  Dr.A.P.Padhi, Chief Secretary  personally met Governor, Odisha in Raj Bhawan  and  expressed deep regret at  the manner  in which   the letter  was issued to Governor’s office after  state Government received a bill of Rs. 46 lakh  as part of Governor’s flying expenses.

To understand gamut of issues and exchange of letters between office of Governor and General Administration Department, RTI Application dated 11.7.18 was filed to both the PIOs of office of Governor, Odisha and General Administration department seeking the following information.

·      Details of requisition and proposal requiring financial sanction   given from Governor’s office to State Government for visit of Governor to his home town of Harayana and copy of sanction letter  given by Govt. in this regard.

·       Copy of air travel  bill  submitted  by Governor’s office   towards expenses of chartered  flight  charge  and helicaptor  charge for  visit of Governor to his home .

·      Copy of the objection letter  sent  by GA Dept. to  Governor’s office in respect of air bill submitted by Governor.

·       Copy of the Rules or order or Notification in respect  of  expenses of travel for private tour, official tour  and foreign tour  that Governor is entitled  to avail it.

·      Information about  details of facilities, emoluments and allowances  that Governor is entitled to avail it.

1.      On 10.8.18., the General Administration Department rejected  my application citing  the ground under section 8(1)(g) of the RTI Act. In fact this is not ground  for rejection of application. As  the State Govt. wants to keep this  information secret to  protect themselves from further expose of their evil design to downgrade image of Hon’ble Governor,  the PIO  has taken the plea of section 8 (1) (g) of the RTI Act. save their face which has been exposed and tarnished evil after strong reaction from Governor’s office.  As per the said section 8(1)(g), “ Information , the disclosure of which endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purpose will be denied to Information-seekers”. The counter-argument is  that the information about Governor’s visit , use of  flight  and expenses towards it is not at all secret  information.  As the money is paid from state exchequer, the citizens have right to know about the expenditure. The disclosure of information will no way endanger safety of Governor, as his visit has already been over. The information sought for is no way  related  to security   nor supplied by law enforcement authority. The information was sought about the copy of the letter sent by GA Dept. to Governor House.

2.       But the PIO, office of Governor’s house supplied all the information sought for including copy of all letter correspondence with GA Dept. The details of information supplied by the PIO dated 4.8.18  is as follows.

a. On 1^st June, 2018, the office of Governor sent a letter to GA Department for arranging  a Charter Flight ( 8/10 seater) suitable for his visit  to Sisra in Harayana from  Bhubaneswar on 10^th June  at 10 am and return from Sisra  to  Bhubaneswar 13^th June at 11 am , 2018.

b.On 2.6.18, GA Department wrote a letter to M/s Pinnacle Air Pvt. Ltd., New Delhi for arranging a hiring chartered flight and expenses required for said purpose which was promptly responded by that  company on 4.6.18. 

c. The hiring charge of  twin engine jet aircraft legacy  650 ( VT-AOK/AOE)  for use of  Governor  fixed  by M/s Pinnacle Air Pvt. Ltd is Rs. 44,72,000.00 which was accepted  by GA Dept. on 6.6.18 and it was  communicated  to the Office of Governor accordingly.

d. On 4.7.18,   Smt. Indira Behera, OAS, Deputy Secretary to Government, GA Dept.  wrote a letter No. GAD-AV-RES-0004-2017- 18773/Gen.  to Special Secretary to Hon’ble Governor, Odisha  seeking necessary use/s certificate  that the Aircraft has been used.  In this  letter, she mentioned that  “ it may kindly intimated  the reason  and circumstances  for hiring of a helicopter  for use of  Hon’ble Governor  and deviation in the approved schedule of the flight and whether approval of the  competent authority has been taken for the purpose or not”.  This letter generated sharp reaction  from Governor’s office for which Chief Secretary personally met Hon’ble Governor , begged apology  and assured  him to take action against the concerned official.

It  deserves to mention here that unnecessary and  useless expenditure and misuse of flight causing crores of rupees loss to state exchequer has been done by Chief Minister and his Govt. which has been thoroughly exposed several times earlier  under RTI.

Pradip Pradhan, RTI Activist

M-9937843483

Date- 15.8.18  

Expose of Corruption costs loss of hand and livelihood of RTI Activist of Odisha

Exposing corruption through RTI costs loss of hand and livelihood of a local fitter-turned RTI Activist of Nayagargh district, Odisha   in 2007- A Report

On 14.8.18, while conducting RTI programme in Odagaon block of Nayagarh  district, Odisha , I accidentally met Kailash Pradhan,   RTI Activist of 2007 of Nandighore who had come to the meeting having heard about me coming to the programme. During discussion, I came to know  about his struggle to fight out corruption, his plight and sufferings till today. In 2007, two years after enactment of RTI Act , when we were apprentice in field of RTI ,  Sri Kailash understood power of RTI and used it extensively  spending his hard-earned money generated from his small  garage shop  to  unearth  huge corruption and loot of public money in Govt. Development Work under NREGA and construction of Canal under Irrigation Division   amashed  by Govt. Officials, Junior Engineers and contractors backed  BJD leaders in Odagaon Block. He exposed around 20 works i.e., road construction, canal construction work worth  misappropriation of 20 crores. Armed with information, he filed number of complaints to the higher authorities including state vigilance. The Govt. Officials and contractors threatened him of dire consequence several times, if he does not stop exposing corruption.  However , on 19.9.2007, a gang of hired goons engaged by contractors and BJD leaders attacked him with sharp weapons , stabbed him and chopped off his right hand palm in order to make him permanent disable to write. Though he was taken over to Kalinga Hospital for better treatment, his hand could not recover   after months long treatment by doctors. His palm remained disable and dysfunctional. 

His ordeal does not end here. After he returned from hospital, he filed FIR in Odagaon police station . Though the police registered the case,  but did not conduct any inquiry and provided all protection to criminals. Rather police asked him not to pursue the case . In the meantime all criminals got bail from high court. He was again threatened by goons and the whole family was terrorised. Having bowed under tremendous pressure from leaders of ruling party, he stopped all his RTI work since 2007 , closed his little shop , permanently lost livelihood, spending time with family being a big burden on them. He also lost writing capacity permanently. After 10 years, when the lower court started hearing of the case , he was again threaten not to pursue the case. Tragedy is that just ten days back, he signed in court paper that he did not want to pursue the case to facilitate to close it  permanently.

He is unfortunate that, he could not find us to fight for him. We the RTI Activists are hovering what to do.

Pradip Pradhan, RTI Activist

M-9937843482

Date- 15.8.18

Who can ask for information under Right to Information?

Any citizen can ask for information under these laws. The Act extends to the whole of India except the State of Jammu and Kashmir. OCI's (Overseas Citizens of India) and PIO's (Persons of Indian Origin) card holders can also ask for information under the RTI Act.

For citizens, OCI's and PIO's who are staying out of India, the RTI Application can be filed with the PIO of the local Indian Embassy/Consulate/High Commission and they will inform you regarding the amount of application fee in local currency as well as the mode of payment.

Some Important Pacts Regarding Who can obtain information under RTI:

It is quite interesting to note that even though under Section 3 of the Act right of all citizens, to receive information, is statutorily recognised but Section 6 gives the said right to any person. Therefore, Section 6, in a sense, is wider in its ambit than Section 3. (Observed by Supreme Court of India: CIC vs State of Manipur & ors)

RTI Act does not define PERSON. However, The General Clauses Act, 1897 defines PERSON as

Person" shall include any company or association or body of individuals, whether incorporated or not, "Political Agent" shall mean- In relation to any territory outside India, the Principal Officer, by whatever name called, representing the Central Government in such territory, and in relation to any territory within India to which the Act or Regulation containing the expression does not extend, any officer appointed by the Central Government to exercise all or any of the powers of a Political Agent under that Act or Regulation.

Thereby, another organisation can ask for information from another organisation Irrespective of the nature of the job a person may be performing as far as a person is a citizen of India he/she shall have the right to information subject to the provisions of RTI Act. ALL citizens are entitiled for information under RTI, which included employees. Same is clear from S. 6(1). It starts with non obstinate clause 'A person'. So it is the person matters not the employability or employee.

The application/ appeal from an Association or a Partnership Firm or a Hindu Undivided Family or from some other group of individuals constituting as a body or otherwise is to be accepted and allowed.

Kolkata high court has allowed use of post box in filing RTI which shall enable contact of a user with the authority without revealing personal details of the information seeker. You do not need to worry about your safety when Post Box is there. You may read it here: http://www.rtiindia.org/law/rti-acti...41-paisa/2224/

Inquiry into Mega Land Scam is suppressed by Chief Minister's Office, Odisha

Status of Action Taken on Recommendation of Task Force Report on Land Scam in Odisha

Inquiry into Land Scam  since 3 and half years is still farce and eye-wash  exercise and designed  to delay  and cover up the scam  by GA Department , BDA, CDA, Odisha State Housing Board  and State  Vigilance , exposed  under RTI

White Paper on “Inquiry into Land Scam and Action Taken So far “to be produced in the Coming Assembly session and  inquiry into land scam should be handed over CBI, demanded by Civil Society

1.In view of CAG report about  alleged irregularities in allotment of land/houses/flats by BhubaneswarDevelopment Authority(BDA), Cuttack Development Authority (CDA),Odisha State Housing Board (OSHB) and General Administration (GA) Department and IDCO and subsequent demand by Opposition parties  and Civil Society for CBI inquiry, the State Government constituted a  Task Force  on dated 2.8.2014  to review all the allotment of more than one land/houses/flats to the members of the samefamily and allotment under discretionary quota to ineligible persons from 1995 to 2014 and submit its report within 4 months. 

2.The Task Force led by Dr. Taradatt, Addl. Chief Secretary with the members such as Commissioner-cum-Secretary, H&UD Department and Special Secretary, Dept. of GA produced their report on 3.11.14. The report was placed before state cabinet on 18.12.14 and it was endorsed with   Action Taken Report   which was later on published in official Gazette on 30.1.2015.

3.After considering the recommendations, the cabinet inter alia has directed that the modalities of implementation of the report would be worked out in consultation with the Law department and the Advocate General within 90 days. On 6.5.15, after due consultation, the Govt.  finalized Modalities  for implementation of the recommendation of the Task Force.

4. The Chief Secretary has conducted several times the review meeting regarding progress and implementation of the recommendation of Task Force on multiple allotments of plots/houses/flats at Bhubaneswar and Cuttack.

5.In order to study the progress of Action taken by BDA, CDA, OSHB, Department of GA and Finance, RTI Application was filed to all the offices to get the information. All the PIOs have supplied the information within the month of April to June, 2018.  The details of information provided by them are mentioned below.

5.A. Status of  Inquiry by Bhubaneswar  Development  Authority

i.732 nos. of Show-cause Notices relating to Discretionary Quota Allotments have been served to original allotteee by BDA. Out of it, 36 nos of notices returned unserved and pending for paper publications.  653 no. of Show cause replies received has been kept  for hearing by the officers   to be appointed  by Government. Three writ petition cases have been filed by the allottees after receipt of show-cause notice.

ii. Show cause  notices issued to 148 allottees  under category of multiple allotments. Out of which 15 notices have been returned un-served. 11 no. of allotments  have been cancelled. 108 no. of allottees have responded to Show cause notice and kept for hearing.  2 of them have filed case in High Court.

iii. DSP( Vigilance) , Cuttack  was handed over 332 nos. of Original Allotment files  and all available general files of different schemes.

iv. Name of 11  persons  whose allotment  has been cancelled by BDA  and  status of its cancellation

Name  of persons	Plot/flat allotted	Status  of cancellation
Renubala Sethi	House  No, MIG-71, Ananta Vihar Housing Scheme	It has been cancelled. Possession  has not yet been handed over/ taken over
Pranab Balabantaray	Flat No. E-09, Netaji Subhas Enclave	Allotment has been cancelled. Possession has been taken over  on 27.10.14
Babita Mishra	Plot No. 149, Prachi Enclave	Allotment  has been cancelled  and the land is in possession of BDA
Anita Patra	House No. MIG-71, Ananta Vihar Ph-III	Allotment has been  cancelled
Kaplana Padhi	HIG-26, 01-02 Housing Scheme	Allotment has been cancelled. Possession has not been handed over / taken over till date
Meera Dutta	House No. HIG -34, 01-02 Housing Scheme	It has been cancelled. But it is under sub-judice before the Hon’ble High Court in W.P.( C) No. 23952/14.
Bipin Bihari Singh	K9-B-352 , Kalinga Nagar PDS	It has been cancelled. But  no information supplied  whether possession has been handed over to BDA
Dharitri Dwibedy	K9-B-39, Kalinga Nagar PDS	It has been cancelled. But  no information supplied  whether possession has been handed over to BDA
Bibekananda Panda	K4-1306, Kalinga Nagar PDS	It has been cancelled. But  no information supplied  whether possession has been handed over to BDA
Aditya Patnaik	K8-489,  Kalinga Nagar PDS	It has been cancelled. But  no information supplied  whether possession has been handed over to BDA

5.B. Status of Inquiry by Cuttack Development Authority,Cuttack  

i. As per information supplied  under RTI dated 18.6.18, CDA provided   a list of 1091 allottees  who have  been issued  show-cause  notice in August 2016 on the ground of false affidavit, multiple allotments and land allotted  under Discretionary quota.

ii. CDA has provided list of   12 nos of plots cancelled on ground of multiple allotment. But   possession of plots have not been taken over.

iii. CDA has not yet started hearing of the response of Show-cause notice issued to allottees.

5.C.  Status of Inquiry by Odisha State Housing Board, Bhubaneswar 

i.  Out of 67 Discretionary Quota allotment, OSHB issued show cause notice to 66 persons except one whose allotment was cancelled for other reasons.  Not a single plot has been cancelled by OSHB till yet.

ii.Out of 37 multiple allotment cases,  25 persons  have been issued  show-cause  notice and  12 allottees  were not issued  show cause  as allotment was made made as per schematic provision.

iii. 15 cases have been referred to State Vigilance for inquiry.

iv. Three allottees have applied to OSHB for return of their land. They  are Sajjal Kumar Moulick, Pranab Balabantaray and Snigdharani Sahu.  It is very  interesting to note that  though  they have applied to return the land,  OSHB  has not taken any steps  to recover  land  from them.  

5.D. Inquiry  by General Administration Department

i. The  modalities  issued by GA Dept.  for implementing recommendation of Task Force ( Para-IV)  stipulates that GA Department which is under Chief Minister  should take immediate  steps  for review and update  the list of allottees  who availed  the irregular  benefit of more  than one allotment of land /flat/ house  against specific schematic provision  on the basis of allotment  made prior to 1.1.1995. This  process should be completed within a period of 3 months.  But GA Department has  not  yet  prepared this list of allotment prior to 1.1.1995.  it deserves  to be mentioned here that allotment of 3000 plots was made in 1991 and 1992 under plotted  Scheme “ Allotment of Residential Plots in new colonies within Bhubaneswar  Municipality Area, 1989”.  The list of 3000 allottees was not handed over to Task Force  Committee despite their several requests.  Even this  information is  also not provided  under RTI Act.  As because  there is huge corruption and irregularities in allotment of the plots under the said   scheme, the GA Department is not deliberately  disclosing the list of  3000 allottees in public domain.

5.E. Status of   Inquiry  by Director, Vigilance, Cuttack

As  the  office of Director, Vigilance has been kept from the purview of  RTI Act,  we  could not  gather  any information from the  Vigilance Department.  But  as per  the information supplied   by BDA on 17.5.2018, it was  found that Vigilance had been handed over 332 no. of allotment  files for  inquiry and so far 4 no. of cases  have been instituted  by Vigilance  Cell, Cuttack. Similarly,  as per information obtained from OSHB on 26.5.2016,  15 no. of allotment cases  have been referred  to State vigilance for inquiry. But  no progress  has been  developed by State  Vigilance  in respect  of inquiry  into allotment of plots/land/flats.

5.F.  Status of Special Audit  by Finance Department

 The Modalities prepared  by Govt. for implementation of the recommendations of  the Task Force  stipulates ( Para – vii)  that  the Finance Department  should conduct  special audit  in respect of  the left out  cases of multiple allotments  as recommended  by  Task Force  in Para 48(2) and to find out  the actual number  of discretionary allotment made  after 1.1.1995 as recommended  in Para  48 (5)  of the Task Force  and also of  allotment  made  after 1.1.1995 as has been recommended  in para 48 ( c)  and only after the special audit is completed  on all respected , the modalities  for taking action against  them  has to be prepared  as per  law.   As per  information  supplied  under RTI on 24.1.18,  Special audit  Team  was constituted   as per  the letter  No. 29987/F dt. 21.11.2015. The Finance Deptt. have  completed  this special audit  and the same report  has been submitted  to the GA Dept.  for necessary  action  at their  end.  It is disheartening  to note  that  though  special audit Report  has been  submitted , Chief Minister  has not taken any steps  for years  together.

  Our demand

In view of  above-mentioned   information and analysis, we are of the view  that    the State Government  and State Vigilance  has no interest  to    conduct inquiry  into land scam   but   trying hard  to cover it up by making delay of inquiry  and in the name of inquiry.  We do not  see  any tangible  achievement  in respect  of inquiry  by any authority including  State  Vigilance and  General Administration Department  which comes under control of Chief Minister.  The   Special audit Report of Finance Department which  is gathering dust  in the office of Chief Minister  must  be put in public domain.

So, we  demand  that  as the  Govt. precariously failed  to conduct the inquiry  successfully,  it should be handed over to CBI  for investigation.  We also demand that    a White Paper on  Inquiry into Land Scam   must be presented  in the  coming assembly session.

 Pradip Pradhan

State  Convener

Odisha Soochana Adhikar Abhijan

M-9937843482

Date- 6.8.18  

First ever successful use of RTI led to arrest of a corrupt IAS officer in Odisha

First ever successful use of RTI led to arrest of a corrupt IAS officer in Odisha

RTI Act mandates not only to enforce transparency and accountability in the administration but also to contain corruption in the administrative system of the country (Preamble of the Right to Information Act). Since 2005, the Act has been used as powerful tool by RTI Activists across the country to fight out corruption and irregularities in the functioning of administration. Successful use of RTI to check corruption and to put the corrupt officer behind the bar that too an IAS officer proved once again the mighty of the RTI Act. On 7.11.14, Debaraj Mishra, IAS former Collector, Bolangir working as addl. Secretary in Home Department, Govt. of Odisha was arrested on charges of corruption and irregularities in the examination conducted in 2012 for the post of Amin, Revenue Inspector ad A.R.I.in Bolagir which was exposed through RTI by few applicants who could not get the job due to this malpractice. It was alleged that Sri Mishra was the mastermind behind the whole corruption and Rs. 5 to 6 crores has been amassed by him and his coterie.

Sequence of the events led to arrest of Debaraj Mishra

A.In 2009, an advertisement was made by the district administration for appointment to the 54 post of Revenue Inspector/Assistant Revenue Inspector and Amin. Around 1400 applicants had applied for these posts. Accordingly written examination was held in June 2011 and candidates selected and got appointed in 2012. But it was alleged that answer-sheet was manipulated and ineligible candidates were selected by taking bribe of Rs. 4 to 6 lakhs for each candidate.

B.The manipulation of answer sheet and corruption in selection procedure   was exposed through RTI by the Information-seekers in 2013.  

C. In 2013, there was allegation of huge scam worth 6 crores of rupees in recruitment in the post of Revenue Inspector/ Assistant Revenue Inspector in Bolangir  by various quarters like Bolangir Citizens’ Committee, Bolangir press, Common people of Bolangir , applicants  for these posts  etc.  They had submitted series of petitions to Sri Surya Narayan Patra, Minister, Revenue and Disaster Management, Dr. Taradatt, Additional Chief Secretary to Govt. seeking an enquiry into the matter and demanded action in this regard.

D. The issue took momentum when  Odisha Soochana Adhikar Abhijan had organised a press meet on 14.3.14 in Bhubaneswar bringing to the limelight about all the information relating to  this scam  obtained through RTI. Mass Media mainly electronics media took up the issue and highlighted the details of corruption exposed through RTI.

E. To pursue this issue,   RTI Application was submitted by Pradip Pradhan on 24.3.14 to the PIO, Dept. of revenue and Disaster Management, Govt. of Odisha and to the PIO, office of RDC, Sambalpur on 16.3.14 seeking information about copy of petitions filed and action taken, if any in respect of allegations made by the people of Bolangir.  On 25.4.14, the PIO has supplied the information that though several directions   have been given to Revenue Divisional Commissioner, Sambalpur since August, 2013,  he has not   made an  enquiry into it rather continues  to ignore it.  The details of information supplied by the PIO, Dept. of R&DM are as follows.

·      On 2.8.13, during visit to Bolangir, Sri Surya Narayan Patra, Minister for Revenue and Disaster management received the complaint of huge corruption from press and Bolangir Citizens Committee in the   appointment of R.I./A.R.I. by the district administration with involvement of one clerck Sri Niranjan Tripathy. After returning from Bolangir, Sri Patra directed to Dr. Taradatt to enquire into the matter by RDC, Sambalpur and submit the report within 30 days.

·      On 6.8.13 ( letter No. 29990/R&DM) , Dr. Taradatt, Additional Chief Secretary issued direction to RDC, Sambalpur  to enquire into the matter  and furnish the report along with suggestions for further action.

·      On 21.9.13, Dr. Taradatt ordered to RDC, Sambalpur for an enquiry into this corruption and take appropriate action. 

·      On 7.10.13,   Dr. Taradatt  ( letter no. 38553) gave order  to RDC, Sambalpur  for  enquiry  into it  followinga petition submitted by Sri Sudhir Kumar Sandh and others on 30.9.13.

·      On 20.4.14, Dr. Taradatt ordered    to RDC, Sambalpur for fifth time to enquiry into allegation of corruption in the recruitment of R.I. in Bolangir. It is presumed that this direction came after press meet organised in Bhubaneswar by OSAA to expose the corruption with fact and figures obtained through RTI.

F. However, after media expose, RDC, Sambalpur submitted his inquiry report to the State Govt. in the month of April or May, 2014. But nothing happened on his report.

G. RTI Application was again submitted to the PIO, office of Revenue and Disaster management on 26.7.14 seeking action taken report on the RDC inquiry report and copy of the report. The PIO refused to provide the information as the investigation was going on.

H. A TV Channel continues broadcasting the news and follow-up news by taking copy of the RTI reply and highlighted how the Govt. conspires to cover up the corruption ad protect Debaraj Mishra.

I.After news expose, the Govt. handed over this case to State Vigilance ad Crime branch to enquire into the matter.

J. Finally after long fight and persuasion, Sri Debaraj Mishra and other officials were arrested by State Vigilance on 7.11.14. The investigation is still going on.

But the moot question is how the deprived applicants will get justice. Whether the exam will be cancelled   and re-exam held or the exam paper  scrutinised again and the eligible candidate will get the post. Another bigger fight is ahead before RTI activist in future.

Pradip Pradhan

RTI Activist

M-9937843482

Date- 9.11.14