Public declaration by Chief Minister in 2016 seeking suggestion
from the people of Odisha to resolve Mahanadi Water Dispute issue was a flop show and an eye wash exercise to cheat the people, exposed under RTI
·
Nobody knows how decision was
taken to seek suggestions
from public about Mahanadi Water dispute issue.
·
Not a single
suggestions received from various organizations and experts has been
taken into consideration
by State Govt. Officials to
incorporate it in the memorandum
prepared for presentation to Central Govt.
·
All documents i.e.,
memorandum of suggestions submitted various
organisations on Mahanadi Water dispute is
gathering dust and the officials
are seen silent over it.
Dear friends
In 2016, when the issue
of Mahanadi Water dispute was
debated in public domain and the opposition parties accusing state Govt. of responsible
for this debacle, Central Govt. called for
tripartite meeting in New Delhi to
bring amicable solution of this dispute.
Keeping it in view, Sri Nabin Patnaik, Chief Minister invited suggestion from
public through release of advertisement in different newspaper published in
August, 2016. A large number of people, students’ organisations and different social
organisations thronged at secretariat and made big queue in front of Chief
Minister’s office to submit their written suggestions to the Chief Minister.
Electronics media and Print media made wide coverage of the programme and
meeting of the CM with the delegation. During that time, I had asked one of my
friends who was on a delegation to submit memorandum about
response of CM, he said that Chief
Minister did not utter a single word
except only “ Thanks” . The meeting of
delegation ended within a half minutes. The whole secretariat was opened for
few days to facilitate the people to
meet CM to submit suggestion. During that time , it was guessed that this exercise was like
a big melo-drama and an exercise
to deceive the people. Guess became true based on RTI Information. Details of RTI expose is as follows.
A. Having
seen the whole drama, I had filed RTI Application dated 19.9.16 to the PIO, Dept. of Water
Resources, Govt. of Odisha seeking
the following information.
i.
Provide information about 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.
Provide name of the organizations who
met Chief Minister personally and presented their suggestions with date
of their meeting.
iii.
Provide name of the officials who were in charge of compiling the suggestions
given by different organizations.
iv.
Provide 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.
Provide name of the officials who prepared the documents for presentation by
Chief Minister in tripartite meeting.
vi.
Provide copy of the documents which was presented in tripartite meeting for
discussion with Chhatisgarh Govt. facilitated by Uma Bharati, Minister for
Water resources.
vii.
Provide information about details of outcome of the tripartite meeting and copy
of press release given by Chief Minister.
vii. Provide name of the organizations who
have sent their views in emails.
B. The
PIO, Dept. of Water Resources forwarded RTI Application to the PIO,
Engineer-in-Chief, Dept. of WR to supply the information. The PIO, Office of
Engineer-in-Chief did not supply any information except part information i.e., copy of suggestions given by
different organisations supplied . After denial of
justice by the First Appellate
Authority , I filed
Second Appeal dt. 5.11.16 to Odisha Information Commission with the
following discrepancy chart. The Commission
registered my case as second Appeal No. 191/2017.
Discrepancy Chart
Sl.No
|
Information sought for
|
Information supplied by the PIO
|
Remarks
|
i.
|
Provide
information about 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.
|
No information supplied
by the PIO
|
The PIO has kept the information
secret.
He should be directed to supply the
information.
|
ii
|
Provide name of the organizations who met Chief Minister personally and
presented their suggestions with date of their meeting.
|
Information supplied
|
|
iii.
|
Provide name of the officials who were in charge of compiling the
suggestions given by different organizations.
|
Information supplied
|
|
IV.
|
Provide 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.
|
Information supplied
but incomplete
|
For example, the total copy of the
letter of suggestions presented
by CPM and Agami Odisha has not been supplied. Only
one page has been supplied. The
FAA should verify it during hearing
and direct the PIO to supply complete information.
The PIO
has also not supplied about
suggestions which were included
in report prepared for presentation by Chief Minister
in tripartite meeting held at New Delhi on 17.9.16.
|
v
|
Provide name of the officials who prepared the documents for
presentation by Chief Minister in tripartite meeting.
|
No information supplied
|
The PIO with malafide intention has not supplied to me. He should be directed to supply the information.
|
vi.
|
Provide copy of the documents which was
presented in tripartite meeting for discussion with Chhatisgarh Govt.
facilitated by Uma Bharati, Minister
for Water resources.
|
No information supplied
|
The PIO with malafide intention has not supplied to me. He should be directed to supply the information.
|
vii.
|
Provide information about details of outcome
of the tripartite meeting and copy of
press release given by Chief Minister.
|
No information supplied
|
The PIO with malafide intention has not
supplied to me. He should be
directed to supply the information
|
C.
After two years, the first hearing of the case
SA No. 191/2017 was heard on 5.12.18 by Sri Sunil Kumar Mishra, State Chief Information Commissioner . The Commission directed the PIO , office of
Engineer-in-Chief, Water Resources Dept.
to supply the information following the
Discrepancy Chart.
D.
After
order of the Information Commission,
the PIO, office of Engineer-in-Chief,
Water Resources Dept.
transferred my RTI
Application to the PIO, Dept. of
Water Resources , Govt. of Odisha vide letter
no. 595/WE dt. 8.1.2019 to
supply the information about
·
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.
·
Name of the officials who prepared the
documents for presentation by Chief Minister in tripartite meeting.
E.
The
PIO also transferred RTI Application to
the office of Chief Minister, Odisha
vide letter No. 598/WE dt. 8.1.19 requesting to
supply the following information.
·
Provide information about 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.
F.
Astonishingly, though 3 months passed, both
the PIOs have not responded RTI Application. It shows how utmost secrecy is maintained
by Dept. of Water Resources and office of Chief
Minister.
G. On
22.3.19, the PIO,
office of Engineer-in-Chief, Water Resources
made a submission denying the following
information on the ground
that the case is under adjudication
of Mahanadi Water Dispute Tribunal
and exempted under section 8(1)(a) of the RTI Act.
·
copy of the documents which was presented
in tripartite meeting for discussion with Chhatisgarh Govt. facilitated by Uma Bharati, Minister for Water resources.
·
details of outcome of the tripartite
meeting and copy of press release given
by Chief Minister.
H.
During
hearing dated 5.4.19., I objected
denial of information on the ground that
the case is under adjudication of Mahanadi Water Dispute Tribunal and exempted under section 8(1)(a) of
the RTI Act. The argument is as follows.
·
When the information was sought for in 2016,
Mahanadi Water Dispute Tribunal was
not constituted. So the
question of adjudication of cases pending in Tribunal in 2016
does not arise. The PIO with
malafide intention is putting such useless argument to mislead
Commission.
·
Denial
of information under section 8 (1)(a) is unwarranted, as the
PIO has not specified
ground how it is exempted under the said
section . What section 8(1)(a) of RTI Act says
“ information
disclosure of which would prejudicially affect the sovereignty and integrity of
India, the security, strategic, scientific or economic interest of the state,
relation with foreign state or lead to incitement of an offence.”
I. After
hearing my argument, the Commission asked
the PIO and First Appellate Authority to specify the
exact ground taken for
denial of information and
made submission in the next day of hearing
fixed on 18.4.19. On the said
date, the PIO could not put any
argument in support of denial
of information. However , the
PIO later on
supplied the information relating to
memorandum on Mahanadi issue and
proceedings of tripartite meeting
held in New Delhi on 17.9.16.
j. Though RTI Application was forwarded to the
office of Chief Minister, Odisha dated 8.1.19 to supply the
information about “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”, the office of Chief Minister has not yet
supplied the information.
k. Similarly,
the PIO , Dept. of Water
Resources has not yet
supplied any information about details
of suggestions given by
various organisations which were
included in the Memorandum on
Mahanadi issue prepared by State
Govt. for presentation to Central Govt. and name of the officers who prepared
the Memorandum.
l. The Case
is still pending in the commission
with direction to the PIO ,
office of Engineer-in-chief , WR Dept. to supply the information.
Pradip Pradhan
M-9937843482
Date-18.4.19
