Illegal land grabbing by ruling party MP fraudulently regularized: Lokayukta’s stance lackadaisical

 

Illegal land grabbing by ruling party MP fraudulently regularized: Lokayukta’s stance lackadaisical

Subhas Chandra Pattanayak

--https://orissamatters.com/2022/05/13/13052022/

A vast area of 12 Acres of very precious public land in the Capital City of Orissa under illegal occupation of Achyut Samant, presently a ruling party MP, who runs an educational business styled KIIT, has been fraudulently regularised.Lokaykta’s stance against this engineered fraudulence is lackadaisical, it seems.

As a dutiful citizen, Orissa Sochana Adhikar Abhijan Chief, eminent RTI activist Pradip Pradhan had raised a dispute against this foul play in the shape of a complaint before the Lokayukta, Orissa vides Case No. LY322/2021.

“……we find no merit in the allegation of complaint that Achyuta Samant, founder of KIIT is in illegal occupation of 12 acres of land worth Rs.250 crores in collusion with the officials of GA & PG Department”, the Lokayukta has said while closing the complaint on 9.3.2022.

From the reply of the State Chief Secretary, the Lokayukta has quoted, “KIIT did enter into litigation with the Estate Officer against the Order of eviction and since many years have passed, the final outcome of litigation is not known.”

When the Chief Secretary of the State admits that the Estate Officer had issued an order to evict Samant from the land encroached by him, and the encroacher had “entered into litigation against the order of eviction”, the final outcome of which is not known, he indirectly confesses that the concerned file is suppressed or missing in the department. The Chief Secretary has bragged that the missing of the file is obvious, “since many years have passed.”

What a great Statement by a great State’s Chief Secretary before the great Lokayukta of the State!

The Chief Secretary has admitted that the eviction order was passed against Samant “many years” ago, but the “outcome” of Samant’s litigation against that eviction order “is not known.” Records in the Lokayukta show that the illegally occupied land in four plots was leased out to Samant on 27.12.2019 and two more plots on 22.1.2021 and 22.7.2021 one by one. This is enough to make one convinced that Samanta’s litigation against the eviction order still stands or had failed “many years” ago. The Chief Secretary is discernibly silent on the failure of Samant’s litigation against the eviction order, which strongly suggests that, despite knowing that a valid eviction order is standing against the land under Samant’s illegal occupation, he, by himself or under orders of ther Chief minister, has allowed the involved landed property of the people to the trespasser Achyut Samant, the Chief Minister’s close friend.

The shenanigans behind this transaction need to be investigated in the best interest of the State. Instead of closing the case lackadaisically, it would have been better for the Lokayukta to order an investigation into conspicuous corruption in this stage-managed lease and to initiate action against the Chief Secretary for not knowing the outcome of the eviction case.

It is sad to see that the purpose of Law is allowed by the Lokayukta to succumb to the imprudence of a Chief Secretary who sans any qualms declares that the “final outcome of the eviction case is not known.”

The Lokayukta should review its own order and let the people know when the final outcome of the eviction case against Achyut Samant was not known, how could the Chief Secretary allot the involved land to the alleged culprit.

Subash Chandra Patnaik is eminent Journalist of Odisha  , writes extensively  on various issues  relating to Odia literature, socio-political issues  of the State of Odisha in  his own website " orissamatters" 

High Court issued notice to Secretary and Former Director, Ambika Prasad Das of Kendrapara Urban Cooperative Bank on allegation of corruption

 

High Court issued notice to Secretary and Former Director, Ambika Prasad Das of Kendrapara Urban Cooperative Bank on allegation of corruption and undue favour granted in terms of release of advertisement worth lakhs of rupees   to Odisha Express

(Order of Lokayukta, Odisha in LY-725/2019 was challenged in the High Court)

  

While hearing a writ petition No. 8127 of 2022  filed  by Srikant Pakal, RTI Activist challenging order of Lokayukta, Odisha , Hon’ble High Court, Odisha has  issued notice dt. 8.4.22  to Lokayukta, Odisha ,  Secretary and former Director Ambika Prasad Das of Kendrapara Urban Cooperative Bank and Registrar of Cooperative Societies, Odisha and  Managing Director, Odisha State Cooperative bank seeking response on allegation of undue favour and illegal payments made by OSCB and Kendrapara Urban Cooperative Bank  in terms of advertisement issued in favour of  “ Odisha Express “ , a newspaper  owned by Ambika Prasad Das  who was director of both  the Banks. 

 On 18.11.19,  Sri Srikant Pakal , RTI Activist had  filed  a complaint before  Lokayukta , Odisha  relying on    RTI information  that  Kendrapara Urban Cooperative Bank has provided lakhs of rupees  against advertisement in every year  a newspaper named “ Odisha Express”   which is  highest amount  compared to other agencies. For example, for advertisement of auction notice , the Bank has sanctioned  Rs. 25,000.00 to Sambad , largest circulated daily  in Odisha on 29.12.15 against allocation of Rs. 1,31,583.00 to Odisha Express , a small newspaper  dt. 8.12.15. Odisha Express has been given highest advertisement in comparison to other agencies.

 It was alleged that Sri Ambika Prasad Das who happens to be Executive Editor of the News Paper “Odisha Express” is also Director of this Kendrapara Urban Cooperative Bank. Using his power and position, he has influenced the bank officials and grabbed huge amount of money illegally from the Bank in the name of advertisement as exposed under RTI.  Srikant also  presented a round figure around Rs. 9  lakhs    given to Odisha Express  within period of 5 years highest in comparison to other Newspapers.

 Srikant Pakal has also appraised Lokayukata, Odisha referring order of Registrar of Cooperative Societies, Odisha dt. 14.2.19   who has directed to Managing Director, Odisha State Cooperative Bank  to disqualify Ambika Prasad Das  from Managing Committee of OSCB  on the inquiry report  submitted by DRCS, Khurda.  It was revealed  from the findings of the enquiry that “ Odisha Express , Newspaper  has been awarded  advertisement for publication of orders of arbitrators  in the Dispute case at the cost of Rs. 37,17, 758.00 for the period from 2008 to 2017. Managing Director, OSCB has shown highest inclination to the newspaper “ Odisha Express” wherein Sri Ambika Prasad Das  is the Executive Director. It has also been established in the inquiry report that  such business  transaction attracts disqualification  of a Director  as laid down  under section 28 (3)(f)  of OSC Act, 1962 ( No Individual shall , whether by himself or as a representative  of the society , be eligible  for being chosen  or for continuing as member  or the president or as the Vice-president , if any of the committee of the Society, if he  (f) is interested directly or indirectly in any contract made  with the society  or in any sale or purchase  made by the society  or in any contract  or transaction  of the society ( other than investment and borrowings ) involving financial interests, if the contract or transaction , sale or purchase be not complied.” On 15.2.2019, Managing Director, OSCB disqualified  Ambika Prasad Das for continuing as member of the Commission of Management of OSCB.

 Referring this inquiry report and order of RCS, Odisha, Srikant has demanded before Lokayukta, Odisha seeking legal action against Ambika Prasad Das and disqualify him from Kendrapara Urban Cooperative Bank.

 The Lokayukta , Odisha registered  complaint  ( LY- 725/2019) and issued  notice to Ambika Prasad Das  and Secretary, Kendrapara Urban Cooperative Bank  to reply on the allegation of the  complainant. Following series of hearings and order of the Lokayukta, respective submissions and counter-submissions were filed by Sri Ambika Prasad Das, Secretary, Kendrapara Urban Cooperative Bank   and complainant.

 Ambika Prasad Das in his counter-submission stated that all allegations are false and fabricated.  He presented copy of the letter of Cooperation department directing MD, OSCB to withhold disqualification of Ambika Prasad Das, document signifying Sri Das not being owner of Odisha Express and a three-member inquiry report of Cooperation Dept.  Which has given clean chit to Ambika Prasad Das which was alleged by complainant as an orchestrated inquiry conducted with intention to give clean chit to Sri Das.

 Hearing the arguments and counter-arguments from the both the sides, Lokayukta, Odisha directed both the parties to file comparative statements with regard to total amount paid to various newspapers towards advertisements by the Bank. Srikant Pakal filed a statement showing  that  between 2015 to 20.3.2019,  an amount of Rs. 8,96,382.00 ( including Rs. 3,30,184 towards publication of audited balance sheet for the year 2015 to 2018 which was specially and only given to Odisha Express) ) has been paid to Odisha Express  which is much more than the amounts paid to any other newspaper individually. Sri Das submitted  that Odisha Express has received from 1.4.2015 to 31.3.2020  Rs. 5,08,758 compared to Sambad ( Rs. 4,54,164.00) , Prameya ( Rs. 5,13,604.00),   Samay ( Rs. 1,17,354.00), Pragativadi ( 83,043.00) etc.  and kept secret about payments of Rs. 3, 30,184 . The Secretary, Kendrapara Urban Cooperative Bank has submitted dt. 12.3.2021 that it is statutory to get annual balance sheet of the Bank published in the Daily newspaper and that Odisha Express being the daily newspaper widely circulated and having its separate edition at Kendrapara , balance sheet was issued to it for publication. The Lokayukta  did not question  the logic presented by Bank  to select only Odisha Express for giving huge advertisement.  Lokayukta should have enquired   why Odisha Express was chosen when many newspapers like Sambad and Samaj has wider circulation in Kendrapara. Lokayukta did not verify whether Odisha Express has practically any separate edition in Kendrapara or for name’s sake or it is mentioned as separate edition in pen and paper.  As Lokayukta is empowered to conduct preliminary inquiry into allegation under section 20 of the Odisha Lokayukta Act, the Lokayukta Bench did not conduct any inquiry simply relied on Govt. inquiry report which was challenged before Lokayukta. Lokayukta Bench also didnot conduct inquiry when MD, Odisha State Cooperative Bank is disqualifying its Director under Odisha State Cooperative Societies  Act, how Department of Cooperation will grant stay order on direction of MD . There is no such provision under any Act to grant such stay on order of MD, OSCB. Though complainant presented this logic, Lokayukta did not hear   it taking plea that the content of complaint is related  to Kendrapara Urban Cooperative Bank.  Lokayukta , Odisha disposed  the case without passing any order for inquiry. Holding order of Lokayukta as arbitrary, Srikant Pakal approached High Court, Odisha for inquiry into the matter. High Court accepted the writ petition and issued notice dt. 8.4.22. to all opposite parties including Lokayukta for response.

 

Srikant Pakal

RTI Activist

M-6370216463

Attack on RTI activists in Odisha in 2021 : Some Cases

 

Attack on RTI activists in Odisha in 2021 : Some Cases

 By Akhand

False and Fabricated Case against Convenor of OSAA and his associates:

Noted rights activist and anti-corruption crusader of the state and also the Member of Core Advisory Group of National Human Rights Commission in Right to Food, Sri Pradip Pradhan’s life is in severe threat as many false and fabricated case has been registered against him in revenge of his tireless work for ending  corruption and justice for  the people. He is the State convener of Odisha Suchana Adhikar Abhijan (OSAA) which is a state level platform of RTI activists and HRDs. He was known for filing multiple RTI applications in connection with several irregularities in the State Government Departments. RTI inquiry filed by him and his team across the state, exposed many high level corruption cases in the state.

 Recently at least two cases have been registered against him under Bhubaneswar Commissionerate Police, Bhubneswar. One case his registered at Mahila thana (Women’s Police Station), Bhubaneswar (FIR No. 106 , dated 1.09.2021) on a complaint of  a Women  sports person alleging that Mr. Pradhan has tarnished her image as the he shared a post in social media that Govt. of Odisha is spending cores of money on her and she should play well in the interest of nation. There is nothing legally wrong in the post he shared. But police registered a case against two journalists and Mr. Pradhan who shared the post.

 Another case is also registered against Mr. Pradhan in same police station dated 05.09.2021 bearing FIR No. 107, on a complaint of another women from a village in Balipatana area. Her allegations are also baseless and not based on any facts.

 Police also registered some cases against the associates of Mr. Pradhan to end the activism in the state. All the activists in the state were staging peaceful protest and dharana in front of SP and Collectors' office and demands the proper investigation of the case by an independent agency.

 Police has not inquired the matter properly and intentionally registered case against HRDs who exposed many irregularities and corruption in state. Mr Pradhan and his defenders associates has been targeted for their brave works in media by exposing the real face of corrupted officials of the state.

 Bombing on Activist :

A Right to Information (RTI) activist Sri Sarbeswar Behura from village Jaraka of Dharmasala Police station, suffered serious injuries after criminals hurled bombs at him on 27 March 2021 at about 9.10 PM near Imam Nagar under Dharmasala Police station in Jajpur District. He was admitted to Dharmasala CHC for treatment after the attack, but later shifted to SCB College and Hospital in Cuttack as his condition deteriorated. Driving the Car, Mr Behuria was returning home along with an associate in a car,when two men intercepted the vehicle, lobbed bombs and fled.

Sarbeswar Behura is an RTI activist based in Jajpur. He is the Jajpur district unit convener of Odisha Suchana Adhikar Abhijan (OSAA).He was associated with OSAA since 2014. He was known for filing multiple RTI applications in connection with several irregularities in Jajpur district. RTI inquiry filed by Sarbeswar Behura had exposed many corruption related to Governments Welfare Shemes, Constructions of Roads,  illegal mining at Dankari and Bichhakhandi hills, illegal crushers etc. He has moved Odisha High court and Odisha Lokayukta against these corruption cases. The wife of Mr Behura, Mrs. Rilu Behura has lodged a police complaint suspecting the hand of Dharmasala's BJD MLA Pranab Balabantaray behind the bomb attack and attempt to murder her husband as He exposed many corruption cases  of the district. Two persons were arrested in this case. But activists groups of the state suspected that the Police is under the pressure of the ruling political lobby and vested interest groups are trying to tinker with the investigation, so as to hush up the truth about a well-conspired attack on RTI activist. Some antisocial elements of ruling party in Odisha had regularly threatening him to withdraw the corruption cases, otherwise face dire consequence.

 Jailed for False Case:

 Odisha Police have arrested RTI activist Satyanarayan Rao on 25th June 2021 in a false and fabricated case in Jharsuguda district. Satyanarayan had sought information from Jharsuguda Municipality under RTI Act which was not complied in time. Meanwhile, he was intimated to deposit an amount of one lakh and 72 thousand against the documents. After getting the intimation in this connection, Rao went to the Municipality office to ask about the particulars of the fees. But, the Executive Officer drew a complaint with Jharsuguda police. Acting on it, police arrested Satyanarayan and sent to Judicial custody. Police has not inquired the matter properly and intentionally arrested the HRD who exposed many irregularities and corruption in the district. He has been targeted for his brave works in media by exposing the real face of corrupted officials.

 Jailed for Social media post:

 Bhubaneswar Commissionerate Police on 5th April 2021 evening about 7.30 PM have arrested noted RTI activist Srikanta Pakal for alleging sharing a post in a social media platform without proper inquiry. Srikant is Cuttack district unit convener of Odisha Suchana Adhikar Abhijan (OSAA). He was known for filing multiple RTI applications in connection with several irregularities in Cuttack district and State Government Departments.

One Person had posted a message in social media platform i.e. face book about an IAS officer, who belongs to a Scheduled Caste (SC) community and Srikanta allegedly shared it. The said IAS officer filled a complaint at Capital Police Station and basing on that, Police lodged a case No. 193/2021 dated 23.03.2021 under Section 3(1)(r) and 3(1)(u) of SC/ST(POA) Act and Section 67 IT act and arrested Srikant from Sahid Nagar area of Bhubaneswar on 5th April 2021 and kept him in the police custody whole night and forwarded him to court next day about 2 PM.

In the above case(i.e. 193/2021 in Capital Police Station), the complainant is the IAS officer, against whom Srikanta have filled a case before Lokayukta, Odisha alleging various corruptions and irregularities when the IAS officer was Management in-charge in Odisha State Cooperative Bank based on information received under RTI Act. The case was pending at Lokayukta. So it is suspected that this police case is a product of the result of the revenge.

 Police has not inquired the matter properly and intentionally arrested the HRD who exposed many irregularities and corruption in state and against the complainant IAS officer in the particular case. He was jailed for his brave works against corruption.

 Harrasment and threatening at Public office :

At least eight to ten peoples and some officials of Deputy Labour Commissioner, Nuapada and Cuttack confined RTI activist Jitendra Kumar Sahoo in a room and started abuse in filthy languages and threatened him to restrain from filling RTI application on 02.08.2021 as Jitendra files several RTI application to this office to expose corruption in various scheme of construction labourers. He is the Cuttack district unit Co-ordinator of Odisha Suchana Adhikar Abhijan (OSAA) since 2015.

The incident happened between 11.50 and 12:00 hrs on 02.08.2021 when Jitendra reached at office of Deputy Labour Commissioner, Nuapada, Cuttack. He was forced to sit in a room and 8/10 people including some officials started abuse and threatened him not to come this office again, otherwise he will be killed. Jitendra has been targeted for his brave works in media by exposing the real face of corrupted officials especially officials of Deputy Labour Commissioner, Nuapada, Cuttack.

An FIR is lodged at Madhupatana Police Station under Bhubaneswar Commissionrate Police bearing case No. 171/2021. But no action is taken against the accused in the case. Even no investigation is started yet.

 Interventions and Demands :

OSSA moved to National Human Rights Commission in every case of attack, threats on RTI activist. In some cases NHRC has sought report from the authorities. OSSA has urged appropriate higher authorities to intervene in the matter. OSSA demands that all human rights defenders/RTI activists in Odisha are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions, including judicial harassment in all circumstances. Government of Odisha should ensure that respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by India is guaranteed.

 (Akhand is a human rights defender and member of OSSA)

                                                                                             Email: akhand111@gmail.com

Disciplinary proceedings recommended against PIO by Odisha Information Commission

 

Disciplinary proceedings recommended against the PIO by Odisha Information Commission

On 27.7.21, Sri Sunil Kumar Mishra, Odisha State  Chief Information Commissioner  recommended  disciplinary proceedings  against   Ashis Kumar Mishra , the ex- PIO of the office  of the Executive Engineer, Drainage Division, Puri, presently  working  in the office  of the Executive Engineer, Drainage Division of Jagatsingh Pur    to  the Engineer-in-Chief , Water Resources, Government of Odisha  under  section 20(2) of the RTI Act.

 On dated  9.11.16,  Pradip Pradhan  had  submitted RTI Application  to the PIO,    Office of Water Resources , Bhubaneswar seeking  information  about details of Construction and Repair of Drainage Canal in Delang, Kanas, Nimapara, Satyabadi  and Gop block of Puri  district. On 1.12.16, the PIO, transferred RTI application to the PIO, office of Chief Engineer, Drainage, Gandarpur, Cuttack-3 to provide information. On 29.11.16 and 14.12.26, the PIO, office of Chief Engineer, Drainage, Gandarpur, Cuttack-3 transferred RTI application twice to the PIO, office of Executive Engineer, Drainage Division, Puri to provide me the information. Finding denial of information,   First Appeal dt. 8.3.17 was filed   before First Appellate Authority, office of the Executive Engineer, Drainage Division, Puri seeking direction to the PIO to supply the information. The FAA neither heard my case nor directed the PIO to provide me the information.

 On 22.5.2017,  Second Appeal was    filed  in the  office  of Odisha Information Commission  to hear the  case and  direct the PIO to supply  the  information and  impose penalty  on PIO  under  section 20  of the RTI Act.

 The   Second Appeal Case  was  registered  as  SA No. 1266/2017. The Hearing  of the  SA case  started in 2019   by   Chief Information Commissioner  and  ended  on 27.7.21.  The  Commission heard  the  six  times  and   directed  the  PIO Sri Asish Kumar Mishra  to file  reply to  show-cause  notice  issued  to  him. Finding  no  response  from  him, the  Commission  recommended  disciplinary  proceedings  against  Sri Asish Kumar  Mishra, PIO  to the EIC, Water Resources, Government  of Odisha  and  submit  compliance  report  within 3 months  of the receipt of the  order.

 It deserves to mention here that earlier in two cases i.e, S.A. Case no. 1724/2014 ( disposed on 8.12.2017)  and  Compliant Case No. 424/2016  ( disposed  on 22.6.20) , the  Commission had imposed  highest penalty  Rs. 25,000.00  each  on the  said PIO  for  denial of  information under RTI Act.

 

Pradip Pradhan

RTI Activist

M-9937843482

Date-4.11.21

Central Government released Rs. 42.54 crores to KISS Tribal School,

 

 BJP-led Central Government  has  released  Rs. 42.54 crores  to KISS Tribal  School, Bhubaneswar within four years, exposed  under RTI

 

In response  to unstarred question raised  in parliament  by  Sri Saptagiri Ulka, MP, Lok Sabha, the hon’ble   Minister  for  Tribal Affairs  said that  Government of India  has  released  Rs. 21,42,04,928.00 to Kalinga Institute  of Social Scheince (KISS), Koel Campus, Patia,   Bhubaneswar  during  the year 2017-18  and 2018-19   under  “the  Scheme  of Aid  to voluntary Organisation  working for  the welfare  of Scheduled Tries”

Year	Amount  released
2017-18	6, 54,27, 492.00
2018-19	14,87,77,436.00
Total	21,42,04,928.00

              

Similarly, in response to RTI query, the CPIO, Ministry of Tribal Affairs, Government of India on 23.10.2012  provided  information that an amount  of Rs. 21,12,81,377.00  to KISS, Patia,  Bhubaneswar  in the  year of 2019-20 and 2020-21 .

                                                                                                                           (Amount in Rs.)

Year	Project	Ack. Number	Fund Released
2019-20	GIA - Residential School	3224	6,94,03,151.00
	GIA - Residential School	3226	7,14,51,101.00
2020-21	GIA - Residential School	4762	3,47,01,575.00
	GIA - Residential School	4763	3,57,25,550.00
	Total		21,12,81,377.00

 

Srikant Pakal

RTI Activist, Odisha

Date- 1.11.21