Public Monitoring on “Functioning of Odisha Child Rights Commission ” through RTI

Public Monitoring on “Functioning of OSCPCR” through RTI

OSCPCR ( Odisha State  Commission for Protection of Child Rights )  suffers  from lack of transparency in terms of appointment  and disclosure of information about its  functioning  and dismal performance in terms of disposal of cases ( exposed  under RTI )

Dear friends

Odisha State Commission for Protection of Child Right s (OSCPCR) was established in November 2010 under the Commission for Protection of Child Rights Act 2005. The Act provides for speedy trial of offences against children or of violation of child rights by the   Commission.

To understand functioning of OSCPCR, multiple RTI Applications were filed to the PIOs, Department of  Women and Child Development, Govt. of Odisha  and office of OSCPCR  seeking  information about appointment of Chairman, procedure  followed for appointment, disposal of cases  by  Chairman  and each Member of the  Commission and compliance of section 4 (1b) of the RTI Act. The response of the PIO of OSCPCR is evasive,  the information is incomplete and misleading. Though 3 months passed, the PIO precariously failed  to  provide  complete information. It is also very disturbing to note that though 12 years have passed since implementation of RTI Act in the state, OSCPCR is yet to make sou moto disclosure of information under section 4(1)(b) (c)(d)  of the RTI Act. Please visit the link of website of OSCPCR for reference http://www.oscpcr.nic.in/?q=node/180.  The only  information provided voluntarily in the website  against 17 types of  suo moto disclosure  which is mandatory on the part of every public authority  is  as follows.

RTI ACT 2005

Appellate authority under RTI ACT, 2005

1. Chairperson, OSCPCR
2. PIO - Secretary, OSCPCR
3. APIO - OSD, OSCPCR

It shows poor performance of the Commission and blatant violation of RTI Act.

1.      Analysis of information provided  by the PIO, WCD

On RTI query about appointment of  Chairman of OSCPCR, the PIO responded  that no advertisement  was issued  in respect of seeking applications for the post of Chairperson. However, the following persons have applied  for the post of Chairperson.

a.      Sunanda  Satapathy

b.      Snigdha Rani Panigrahi

c.       Dr. subhashree Lenka

d.      Sandhyabati Pradhan

e.      Mamata Samantaray

f.        Pravasini Nanda

g.      Sanjukta Mohanty

h.      Snehanjali Mohanty

i.        Nibedita Nayak

 The Selection  Committee headed  by Minister, W&CD along with two members i.e, Principal Secretary, School and Mass Education, Commissioner-cum-secretary, WCD  in its meeting  held on 9.4.2018   rejected  the application of Nibedita Nayak , as it was unsigned application and recommended  the following 3 names  after threadbare  discussion  under section 18 of the OSCPCR Act, 2007.

a.      Snehanjali Mohanty

b.      Sandhyabati Pradhan

c.       Snigdha Rani Panigrahi

The whole procedure of selection of  Chairperson  is not transparent , as there was no public advertisement  seeking  application for the same. Secondly, the  Commission has not mentioned  details of criteria taken  up  while examining application of candidates , reason of  rejection and recommendation of name of the candidates  which is  very crucial. The whole procedure is arbitrary and bureaucratic in nature to select the names  as per wishes  of the Committee members or any instruction  from the top to consider particular names.  After  two months of recommendation, on 27.6.18,  the  Chief Minister approved name of Sandhyabati Pradhan as Chairperson. It  was basically a political appointment.

2.      The  members  of OSCPCR appointed on 19.5.2017   are  as  follows.

a.      Ms. Gitanjali Bastia

b.      Smt. Nibedita Nayak

c.       Smt. Sunanda Kumari Pati

d.      Shri Harihar Nayak

e.      Ms. Mandakini Kar  , appointed on 10.1.2018.

We could not understand why such jumbo  ( so many persons)  has been appointed   in the  Commission. Was it  required  as per law  or  to ensure a vibrant high profile body to check rampant violation of child rights, child torture under Nabin Patnaik Govt. or   rehabilitate  protégé of Ruling party .  

3.      Let us examine how they  have really performed.   As  the primary function of the Commission is to hear and dispose  the  complaint cases of violation of child rights,  RTI Application was  filed  seeking information about  number of cases registered , cases heard and disposed by  chairperson and each  member of the Commission ( year-wise).  The PIO could not supply   number of cases heard  and disposed  by  each member of the Commission. When  Bhawani Nanda, RTI Applicant  inspected  their records  by visiting  the office, he observed  that the files are not duly catalogued and indexed nor maintained in proper form.  Records have not been computerized.  This is in gross violation of Section 4 (1) (a) of the RTI Act.   It  is also interesting to note  that he was told that the computerization of records  just started and they have entered data for the year 2017 which is still incomplete.   It  is clear that  the Commission has  not yet  paid any attention  for proper  maintenance of records for public information nor there is anything disclosed under section 4(1)(b) in their web site. 

4.       Cases received  and disposed  by the OSCPCR ( YEAR-WISE)

Year	Number of complaints received	No. of complaints decided
2015-2016	444	224
2016-2017	357	187
2017-2018	346	141
Total	1147	552

 Despite presence of so many members, the rate of disposal of cases  is around 50 %.   During 2017-18, 5 members  who were  appointed  have just disposed 141 cases. It means each member  has disposed 28 cases  ( 2 cases disposed  in a month). Each members takes  monthly honourarium of Rs. 25,000 + Rs. 5000  as house rent.  While 6 members-OSCPCR  dispose  only 141 cases  in a year, Odisha Chief Information Commissioner disposes  more  than 1000 cases  in a year. But the performance of Sashi Prava Bandhi, State Information Commissioner is  more or less same  that of members of OSCPCR. Their performance is very  dismal and discouraging. As  complete information was denied, it  was very difficult  to analyze  their overall performance as member of the Commission. Information about  suo moto cases  taken up  and disposed, monitoring by OSCPCR , visit of  the members to areas of  violation of child rights  was denied  to the Information-seekers.   

I cite  herewith  an example  how effort of the  Commission is not praiseworthy in respect of protection of child rights.

On 7.5.18, I filed  a complaint  to OSCPCR  about missing of a Bonda boy ( tribal child) from KISS School , Patia, Bhubaneswar. On 8.5.18,  the Commission issued  notice  to different opposite parties including Head of KISS, Bhubaneswar.  Though inquiry report  has been submitted  by DCPO and SP, Malkangiri, the head of KISS  does not  care to respond  the direction of the Commission.  Though OSCPCR issued  tow reminders on 7.6.18 and 1.8.18,  the KISS authority is still  not responding.  The Commission also  could not take legal step against KISS. This  is the performance of highly empowered  body mandated  to protect the right of children.

Pradip Pradhan, RTI Activist  

M-9937843482

Date- 22.9.18

Huge Bank Loan taken by Achyut Samant by mortgaging Govt. land illegally acquired by him.

Achyut Samant  has  not only  illegally  acquired  land  but also taken huge loan  of crores  of  rupees amount  by mortgaging   the same land.

Dear  friends

RTI Application was submitted  to the PIO  seeking the information  about details of NOC  ( No Objection Certificate ) granted  by IDCO  to KIIT to get loan from Bank  by mortgaging land leased out by IDCO  along with name of Bank , year of  NOC granted  loan amount  and acres of land  against which loan granted. On 7.9.18, the PIO  has  provided  the  following  information.

1.       As per CAG Report, Sri Achyut Samant, founder KIIT  has illegally acquired 82 acres of land. As per RTI Information. Sri Samant  has acquired illegally  Rs. 12 acres of land  of General Administration Dept.

2.       By  acquiring Govt. land through fraudlent means  and  his nexus  with  corrupt bureaucracy, Sri Samant  has taken  hundreds of  crores of loan  for infrastructure development of KIIT.

3.       IDCO  has not only facilitated granting illegal lease of land to KIIT  but also granted  NOC  on illegally acquired  land to get huge amount of loan from bank.

4.       Total 32 acres of  leased out  land  has been mortgaged  by KIIT  to  different Banks to get loan.  

5.       Sri Samant  may have taken around  loan of around  500 crore  by mortgaging leased out  of illegal land given by IDCO.

6.       The  following are name of the  8 banks  which have  granted huge   loan to    Achyut Samant .

Sl.No	Name of Bank	Year of NOC granted	Total  amount	Acres of  land against which NOC granted
1	Punjab National Bank C.S.Pur, Bhubaneswar	2012		Ac. 0.851:  IDCO Plot No. 26, 42 and 42/1
2	HDFC Bank Ltd. Sahid Nagar, Bhubaneswar	2012		Ac. 1.550: IDCO Plot No. 31
3	Oriental Bank of  Commerce, Alok Bharati, Sahid Nagar, Bhubaneswar	2016	T.I. Rs. 45.00 crore  & OD : Rs. 40 .00 crore	Ac. 10.20 : IDCO Plot No. 87 & Ac. 0. 150 . IDCO Plot No. 68
4	Bank of India, Bhubaneswar	2011		Ac. 0.500 IDCO Plot No. 41
5	Punjab National Bank C.S.Pur, Bhubaneswar	2007		Ac. 0.507, IDCO Plot.19
6	Allahabad Bank Ltd. KIIT, Bhubaneswar	2003		Ac. 10.130 IDCO Plot No. 15
7	HDFC Bank Ltd. Sahid Nagar, Bhubaneswar	2011		Ac. 3.504  IDCO Plot No. 51
8	Oriental Bank of Commerce, Alok Bharati Tower, Saheed Nagar	2010		Ac. 3.214, IDCO  Plot No. 44/C, 44/D & 44/E
9	Canara Bank , stock Exchange, Bhubaneswar	2009		Ac.0.501, IDCO Plot No. 22
10	Tata Capital Finance Service Ltd., Park Street , Kolkatta-16	2012		Ac. 0.989, IDCO Plot No. 28
11	Religare Finvest Ltd., Saket, New Delhi	2012		Ac. 4.828, IDCO Plot No. 28
12	Allahabad Bank, KIIT, Bhubaneswar	2008		Ac. 6.00, IDCO plot No. 14/A & 14/B
13	Oriental Bank of Commerce , Alok Bharati  Tower, sahid Nagar, Bhubaneswar	2011		Ac. 1.959, IDCO  Plot No. 23/B, 23/D, 41/E, 68/A, 68/B, 91,91/A & 91/B
14	Punjab National Bank, C.S.Pur, Bhubaneswar	2007		Ac. 1.501, IDCO Plot No. 18  & 19/A
15	Oriental Bank of Commerce, Alok Bharati Tower, Sahid Nagar, Bhubaneswar.	2006		Ac.2.00, IDCO Plot No. 20/A

Pradip Pradhan

M-9937843482

Date-19.9.18

Public Hearing on “Corruption and Scams under 18 years of BJD Govt.

Open  Invitation

State-level Public Hearing

on

“Corruption and Scams under 18 years of  BJD Govt. in Odisha

Venue- Institute of Engineers, Bhubaneswar, Date- 20.9.18, Time- 10.30 am

Dear  friends

  since last few years, RTI Activists  have unearthed huge corruption and  irregularities in implementation of Govt. programme, mega scams  and misappropriation  of public fund  by  political leaders of ruling party , bureaucrats , contractors  etc. Though plethora of complaints  have been filed to  different  authorities including state  vigilance and crime branch for investigation and prosecution of the culprits,  it has been suppressed by the Investigative agencies on their own and   at the direction of  Chief Minister’s office.  Few of these Scams are  OSCB Scam, land Scam, Medhabruti Scam, OMFED Scam, Corruption  in allotment of houses  under  IAY, Biju Pucca Yojana, irregularities in disbursement of loan by Cooperative Societies  ICDS programme etc.

Odisha Soochana Adhikar Abhijan  is going to organize a State –level Public Hearing  at Institute of Engineers, Bhubaneswar, on  20.9.18. for presentation of these scams, corruption and irregularities with all documents, fact  and figures   obtained  under RTI and steps taken  by RTI Activists  to fight out  these  corruptions.  The political leaders of all political parties including Dr. Damodar Rout, Civil Society Groups and Social Activists  have been invited to  share  their  views with the participants.

We invite you all  to participate  in this public hearing.

Pradip Pradhan

State Convener

M-9937843482

Naveen has destroyed all anti-corruption mechanisms in Odisha

Naveen Patnaik, Chief Minister has not only patronized and promoted corruption but groomed, nourished and nurtured corrupt political leaders and bureaucrats in Odisha

He has also destroyed  all anti-corruption mechanisms  in the state.

Propaganda about “ Naveen Patnaik is transparent and intolerant to corruption” is a paid media induced campaign floated  by  corrupt bureaucrats  to keep his image  clean in the public domain. So that they can keep unhesitatingly continue  their loot of   state resources  and State exchequer which is going on , exposed  under RTI and Dr. Damodar Rout. 

Dear friends

Let me cite two examples to justify my above allegations against Chief Minister.

1. Directorate of Vigilance functioning under direct control of Chief Minister is one of the agencies having mandate to investigate into allegation of corruption, irregularities   against Govt. officials.  But investigation into any corruption by the state vigilance requires prior sanction of the Chief Minister.  Within last 10 years, a number of   cases of  corruption and scams has been filed in the State  Vigilance which are pending  for investigation , as  Chief Minister has refused  to give sanction.  For example, Dal Scam which is one of the mega scams involving loot of Rs. 700 crores by top IAS officers including Mr. V. Pandian was suppressed at the direction of Chief Minister. Similarly, complaint cases on OSCB Scam, OMFED Scam has been suppressed by the State Vigilance.

While filling complaints of corruption and irregularities, the complainants were  filling RTI applications to the office of Director, Vigilance  to track  their  complaints  and action taken   by the  State Vigilance. When the inaction and failure of office of Vigilance  to enquire into allegation of corruption  was exposed under RTI,  the  Chief Minister  took  overnight  decision  to keep directorate of Vigilance out of purview of RTI Act in 2015.  Since then, the people who are filling  corruption cases  are in dark  whether any inquiry  is going on or not. This was one of biggest strategies of Naveen Patnaik to suppress  the  corruption.

2.       Institution of Lokpal and lokayukta is farce

 The office of lokpal constituted under the Lokpal and Lokayukta Act, 1995   is another body empowered to enquire into allegation of corruption and irregularities in State Government. A retired Judge of High Court is appointed as Lokpal of the State.  Though it is a toothless body,  but  the Lokpal acts upon and conducts inquiry  into allegation of  corruption made  by anybody  in the state. The Lokpal  has done outstanding work in terms of submitting fantastic inquiry report on Vedant University  and Sanjeeb Marik case.  In 2013, after   death of the sitting Lokpal,   Chief Minister did not appoint anybody in this post which is still vacant.  The office of Lokpal is defunct  in the state.

Similarly, after enactment of the Lokpal & Lokayukta Act in the centre,  Chief Minister  took much credit  as first state   in the country passing  Odisha Lokayukta Bill  in Feb. 2014  reinforcing his  commitment to fight out corruption  through constitution of the Lokayukta in the state.  Though  the president of India  gave assent  to the Bill  in January , 2015,  Chief Minister  did not take any steps to  notify  the implementation of the Act nor constitute the  Lokayukta. After intervention of the Supreme Court, the State Government  on 7^th July, 2018 has notified the enforcement of the Lokayukta in official gazette, but not yet made any Rules  for  constitution of Search Committee and Selection committee ( information obtained under RTI).

These are the examples how Naveen Patnaik does  not want any inquiry of  corruption. Naveen patnaik  has made all anti-corruption mechanism defunct in our state.

 

Pradip Pradhan

M-9937843482

Date- 14.9.18