गुरुवार, 24 मई 2018

How Nabin Patnaik is defrauding Odisha?


How Nabin Patnaik is defrauding Odisha?

On the eve of visit of Prime Minister to Odisha,  Nabin Patnaik, Chief Minister, Odisha  has played another political trick ( genuine fraud trick ) by  writing  a letter to the Central Govt.   seeking allocation of more food-grains  for 34.40  lakh people of Odisha under  Public Distribution System covered under National Food Security Act.   As per section 3(1) of the NFSA,  the Central  Government has  fixed allocation of   21.09 lakh tons of food-grains for 3.26 crore beneficiaries i.e., poor people of Odisha whose food security is in danger, fixed  by Central Govt ( schedule-IV of the Act).  But as per the information obtained under RTI, presently total no. of 3.23 crore  (  around 84 lakhs families ) are getting food grains under PDS in Odisha.   Besides that around 10 to  15 lakh applications are pending in different blocks seeking  ration card  for food-grains under NFSA. They are poor and deserved to get the card.   If both  the figure ( 3.23 crore beneficiaries + 34.40 lakh families  sought by CM to be covered under PDS ) is taken into account, then total no. of  3 .57 crore  people of Odisha ( roughly 4 crore people ) deserve to get ration card, as they are  poor and lives in food  insecurity. As  their  food security  has reached in such acute stage,    they   have  come forward to  take ration card  just to get  5 kg of rice per person per month ( section 3 of NFSA) to satisfy their hungry belly.

 It is  concluded  that in view of  acute food scarcity  of the poor and finding lakhs of genuine applications pending for ration card, Nabin Patnaik  finding no way  for solution of this problem   has written letter  to Central Govt. for  additional allocation of  food-grains  for 34.40 lakh people of Odisha . It means    the 18 years of Nabin Patnaik Govt.  has made 4 crore of people poor  who are  unable to mobilise two square meal per  day   and deserve to get ration card.

On the other hand, the same Nabin Patnaik Govt. has  claimed  that  poverty ratio  has drastically reduced  to 26.90 % in the state. In the State Economic survey report for 2017-18 presented in the last  budget session, it is mentioned  that  the poverty ration which was 32.59% in 2011-12 has been reduced to 26.90 in 2017.  Similarly,  per capita income has increased to  Rs. 72,780 in 2017 and  estimated to reach at  Rs. 92,727 in 2018. The state Domestic Growth Rate  has increased to  7.14 which is higher than  that of National growth rate ( 6.5).

If there is huge growth rate and substantial reduction of poverty in Odisha,  then  why 4 crore of people  are still knocking at the door of Govt. to get just 5 kg of rice per month under PDS. Are  they really poor   or Nabin Patnaik Govt. has made them  permanently poor. So that  they  can mobilise central  fund in their name and  loot it.

The above mentioned statistics shows  how  Nabin Patnaik is defrauding us  showing us a false growth rate  through  statistical jugglery by keeping crores of people in abject poverty and hunger.

Pradip Pradhan
M-9937843482
 Date-25.5.18 

Is BJP genuinely interested to take up corruption charges against Nabin Patnaik


Is BJP genuinely interested to take up corruption charges against Nabin Patnaik-led BJD Govt. or just want to create political hiccups in Odisha

On the eve of visit of Prime Minister to address public  meeting in Odisha, BJP top brass has released a list of 36 corruption charges against Nabin Patnaik Govt., most corrupt Govt. in history of Odisha.  As we see since last several years, BJP has not taken up a single corruption issue of Nabin Patnaik and organised massive  campaign against any corruption issue   in the state despite being aware  about involvement of this Govt. in many scams. Rather , BJP has tried  its best to  protect scamster Nabin and nexus of BJP central leadership and Nabin is quite known  to every body  in political circle.  Without disturbing Nabin , BJP has tried  to garner his support   for its political interest   starting from support  for presidential election to demonetisation.  In the name of maintaining policy of equi-distance, Nabin has tried its best to help BJP  at centre. BJP in the state   is still in the state of confusion and disillusionment to fight out aggressively against BJD. That’s why BJP has not yet been able  to take on Nabin  on any corruption issue in the state.

 CBI inquiry into chit fund scam  has been derailed  due to unholy alliance of BJP central leadership and Nabin.  Despite recommendation of Justice Shah Commission, CBI inquiry into mining scam, multi-crore scam, biggest scam in history of Odisha  was not yet  happened  due to BJP. The Central Govt. has not yet filed  any affidavit   in Supreme Court  for CBI inquiry into Odisha Mining Scam.  Similarly ,  being pretty aware  about illegal SIET closure  and OKCL Ghotala and misappropriation of crores of central fund for  computer education,   BJP leadership remained silence and precariously failed to influence central Minister for HRD for inquiry into it.  BJP has also failed  to take micro corruption issues of thousand crores scam  like  NREGA  SCAM, Chhatua Ghotala, irregularities in distribution of houses  under IAY, PMAY and Biju Pucca Yojana, infamous land scam in Bhubaneswar, Cuttack, Dal Scam, OMFED SCAM, Corruption in Odisha State Cooperative Bank  etc.

Sri  Jual Oram, Minister  for Tribals  has  not  conducted  a single inquiry into central fund hugely misappropriated  and diverted  by BJD govt. Sri Oram  has tried  to protect another scamster and land Mafia, Rajya Sabha MP of BJD Sri Achyuta Samant  and continues granting huge fund to KIIT and KISS. BJP leadership enjoys close  proximity of  corrupt leaders of BJD and their henchmen like Achyut Samant.

BJP’s so-called   corruption charges  against BJD is limited to only press meet  and media highlight. We do not see any concrete  campaign strategy  to fight out  corruption issue at micro and macro level.  That’s why  BJP has not  succeeded  to put the Govt. in trouble  on a single  corruption charge , though there are number of corruption cases  has been exposed  under RTI  which BJP leadership is aware  about it.

The political behaviour  and language of BJD and BJP are same  and both the parties are pretending  as messiah of the cause of the people but in true sense they support each other and contribute each other   in their corrupt practice .  

Pradip Pradhan



बुधवार, 23 मई 2018

Smt. Sashiprava Bindhani , worst performing Odisha Information Commissioner


Functioning of Odisha Information Commission- A Report Card
(From August’ 2017 to April’2018)

Within 12 years of implementation, Right to Information Act, 2005 has been proved as most empowering law for the citizens of the country. The  common people  have used  this law extensively  starting  from accessing  information  about  their rights  and entitlements  under various welfare schemes to exposing scams and irregularities  in development projects, tracking  ATR  on  their  complaints/ grievances  submitted to the public authorities,  enforcing transparency  and accountability  in the administration. This law has been biggest weapon in the hand of the common people to fight out corruption at various levels and paved the way for generating debate for introduction of  robust grievance redessal mechanism in the state.

As per the RTI Act,  the State Information Commission is the highest adjudicating body  entrusted  with task of deciding appeals and complaints  of the information-seekers, penalising erring PIOs and recommending  disciplinary proceedings against  them for persistent violation of the RTI Act and awarding  compensation  to  the affected  citizens who got harassed  due to  denial of information by the PIOs. The Information Commissions are  having  power of Civil Court  to conduct inquiry into  any  complaints/ appeals, call  for  any reports , summon attendance of  persons and  examination of witness and documents etc.

To review the  performance of Odisha Information Commission, RTI Application was submitted to Odisha Information Commission seeking information about the following information from August’2017 to April’2018 ( 9 months).

a.      No. of complaints and appeals heard and disposed   by State Chief Information Commissioner and other two Information Commissioners (month-wise).
b.      No. of days devoted by each Information Commissioner for hearing of cases (month-wise) .
c.       No. of cases in which penalty has been imposed on PIOs by each Information Commissioner within above-mentioned time period.
d.      Total no. of cases pending in the Commission up to April’2018.

On 14.5.18, the PIO has supplied the information which are presented below.

Odisha Information Commission  is currently functioning with Sri Sunil Kumar Mishra as Chief SIC and  Sri L.N.Patnaik and Smt. Sashi Prava Bindhani both being SICs.  Further, while the Chief SIC got appointed in Nov. 2016, both SICs  had got appointed more than a year and half earlier to him, i.e. in June 2015.  

1.      Appeals and Complaints  heard and disposed  by the Odisha Information Commission

As per section 19(3) of the RTI Act, if a person is  aggrieved  with the decision of  First Appellate  Authority  or could  not receive any  response from the First Appellate Authority within stipulated  time period i.e., 30 to  45 days of the receipt of the first appeal, he or she  can  file second appeal  to the Information Commission within 90 days.  Similarly, the section 18 of the RTI Act empowers the Information Commission to receive  any   type of  complaint cases in respect of  denial of  information , supply of incomplete, misleading and false information or any other matter relating to requesting or obtaining access to records under this Act.  The information about  no. of complaints and second appeals heard and disposed  by the Information  Commission  is  as follows.

Name  of  Information Commissioners  

No. of  Complaints and Second Appeals heard and disposed   within 9 months ( From August’2017 to April’2018)
Complaint cases  heard
 Complaint cases  disposed
Second Appeals heard
Second appeals disposed.
Sri Sunil Kumar Mishra
State Chief Information Commissioner
360
53
2003
715
Sri Laxmi Narayan Patnaik
State Information Commissioner
386
84
1700
427
Smt. Sashi Prava Bindhani,
State Information Commissioner

31

215
                                                 (N.B.- Total SA and  Complaint cases head by Smt. Bindhani is 849)

 Findings

a.       While Sri Sunil Mishra, SCIC   hears    highest no. of 2363 cases (Second Appeal and Complaints) within 9 months,    Sri L.N.Patnaik   and Smt. Sashi Prava Bindhani have heard total no. of 2086 and 849 cases respectively.
b.      In respect of  month-wise hearing of the cases by all the three Information Commissioners, It was observed that Sri Sunil Mishra hears 263 cases per month followed by Sri L.N.Patnaik (231 cases) and Smt. Sashi Prava Bindhani (94 cases).
c.       In terms of disposal, Sri Sunil Mishra, SCIC disposes highest number of 768 cases  followed  by Sri L.N.Patnaik , SIC ( 511 cases )  and Smt. Bindhani ( 246 cases) , lowest  among all  three  Commissioners.
d.      The monthly-disposal rate is quite disturbing. Sashi Prava Bindhani stands as worst performer so far as disposal of the cases is concerned.  While Sri Sunil Mishra disposes 85 cases per month, Smt. Bindhani disposes only 27 cases and Sri L.N.Patnaik ‘s monthly disposal rate is just 56 . The disposal rate of the cases by Sri Sunil Mishra is 3 times more than that of Sashi Prava Bindhani. 

2.   Days devoted  for hearing of the case by the Information Commission  

The  information provided  by the PIO  shows  that  Sri Sunil Mishra, SCIC  has devoted total no. of 126 days  within 9 months and Sri L.N.Patnaik , SIC has  heard the cases  for 137 days  and Smt. Bindhani 126 days .    Sri Sunil Mishra and Smt. Bindhani have devoted each 14 days in a month for hearing of the cases.  But Sri L.N.Patnaik has spent 15 days  in each month  for hearing of the cases.
3.   Penalty imposed  on PIOs by Information Commission
As per section 20  of the RTI Act, the Information Commission is empowered  to impose penalty   ( per day Rs.250.00  upto Rs. 25,000.00 ) on  erring PIOs  for violation of RTI Act. This penalty clause is one of the most important provisions of the law which act as deterrent for PIOs  against  violating  the law. In case of denial of information with malafide intention, supply of false, misleading and incomplete information or violation of any provision of the RTI Act, the Commission is obliged  to impose penalty  on PIOs.
 Quantum of penalty imposed on PIOs  by Information Commission is as follows.
Name of  Information Commission
 Total no. of cases  disposed
Total of cases in which penalty imposed 
Percentage of cases  in which penalty  is imposed
Total amount
Sri Sunil Kumar Mishra
State Chief Information Commissioner
768
15 ( 19 PIOs and referred PIOs penalised)
2 %
Rs.2,15,000.00
Sri Laxmi Narayan Patnaik
State Information Commissioner
511
9 ( 17 PIOs and referred PIOs penalised )
Less than 2%
Rs.2,25,001.00
Smt. Sashi Prava Bindhani,
State Information Commissioner
246
1  ( one PIO was penalised )
Less  that 0.0001%
Rs.5,000.00
4.        Total no. of cases pending  in the Commission  by April, 2018  is 9150 cases ( both Complaint and Second Appeals) .
5.        Since 2014-15, Odisha Information Commission has not published  Annual Report  as per section 25 of the RTI Act.

Analysis
A.     As per the law, the primary function of the Commission is to hear and dispose complaint/ Second Appeal cases in order to give justice to the citizens. As soon as the cases are disposed within a reasonable time period, the complainant-citizens will get relief. The desired information will be meaningful and used in appropriate time and give genuine benefit to the citizens.  If the hearing of the cases gets delayed and lingers for years together, the affected parties will suffer. It is observed  from the  findings  of the rate of hearing and  disposal of  cases  by  Odisha Information Commission that  within period of 9 months, though  the Commission has heard 5298 cases , but  disposed  only 1525 cases . Out of total cases being heard, the Commission has disposed only 30% cases. Again these cases are of 2015 which is heard in 2017 and 2018. Many of these cases are yet to be disposed by the Commission.  As per RTI information, presently the Commission has the pendency of 9000 cases. If the present disposal rate of the Commission is taken into account, it is estimated the cases filed in 2018 will be heard in 2023 (after five years of filling of the cases).  Law will be meaningless for these people who will get information after five years. 

B.      It is observed  that  the huge backlog of the cases  is  caused due to  inefficiency  of the  Commission, lack of knowledge  and understanding  about the law  and  lack of expertise and experience  to handle the cases. In many cases, the Commission lingers the hearing of the cases  by  fixing so many dates (  time frame  fixed  for next hearing of case ranges  from 3 to 4 months) for years together.   The lingering of hearing of the cases along with fixing so many dates has frustrated the objective of the Act. It is also seen that many people are seen discouraged to file RTI applications and appeals / complaints to the Commission to get justice. The absence of the complainants/ appellants during hearing of the case has provided opportunity to Sashi Prava Bindhani  to pass arbitrary order in favour  of the  opposite  parties  without any penalty.  Out of  the  246 cases   disposed  by her, Smt. Bindhani   has  imposed penalty in one and only  case ( penalty  amount of Rs. 5000.00  imposed on Sri Narayan Mahalik, Ex-PIO, office of Tahasildar, Sadar, Cuttack , SA No. 1359/14). 

C.      Among  three Information Commissioners, Smt. Sashi Prava Bindhani  is proved as most inefficient and non-performing  Commissioner  in Odisha in terms of  hearing and disposal  of the cases and  imposition of penalty.

D.     It was also observed that  the  Information Commission has imposed penalty in just 2% of the cases  disposed  by  them. Meagre  penalty imposed on PIO in miniscule of cases  has encouraged them to deny information to the information-seekers. That’s why despite implementation of RTI Act in the state, there is no progress  in terms of reduction of corruption or irregularities  in administration in the state.


E.      It is  also observed  that the  Information Commission has not  adopted any  norms regarding the number of the cases to be dealt  by the Commission within a month. From the  findings , it was  found that  while State Chief Information Commissioner  hears 263  cases  per month,  Sri L.N.Patnaik , SIC hears  231 cases  followed by Smt. Sashi Prava Bindhani , SIC  ( 94 cases per month). If  this trend  continues, the Commission will take five years for disposal of  pending cases  i.e., 9100 cases.
Recommendation
a.      The Information Commission must adopt norms for hearing and disposal of the cases in every month.
b.      The Commission should not linger the hearing of the case  and dispose  the case within two to three hearing.
c.       The Commission must impose penalty  on erring PIOs  for  violating the RTI Act without showing any lenient attitude  towards them.

Report prepared by
Pradip Pradhan                                                 Srikant Pakal                     Bhawani Prasad Nanda
M-9937843482                                                   M- 9338455092                                                  



गुरुवार, 17 मई 2018

OHRC and Information Commission acted on allegation of Bhakti palai , RTI Activist about false case against him


Odisha Human Rights Commission and State Information Commission  directed  to Inspector General of Police, Central Range, Cuttack   for enquiry into allegation made  by Bhakti Ranjan Palai, RTI Activist  about  false  and fabricated case registered  against him by Inspector In-charge, Krustanprasad Police Station,  Puri illegal arrest, misbehavior, merciless beaten up during arrest in the office of SP, Puri

 Dear friends
On complaint filed  by Bhakti Charan Palai, RTI Activist and Member of Odisha Soochana Adhikar Abhijan under  section 18 of the RTI Act, Odisha Information Commission immediately registering  the case Complaint Case No. 692/2018 dt.2.5.18  issued  notice to  Inspector In-charge, Krustanprasad Police station AND SP, Puri  seeking report  about allegation of  false case  filed  by police  against Sri Palai and harassing  him  for  use of RTI extensively  to expose  corruption in Block office and Police station. 

Similarly, acting on complaint filed by Sri Palai, Odisha Human Rights Commission registered the case No. 1747/18 dt.11.5.18 and directed Inspector General of Police, Central Range, Cuttack for inquiry into the matter and submit the report within one month.

Sri Bhakti Palai has alleged that he was informed by his family members and friends about a cases registered   against him in Krustanprasad police station on 24.1.18. In the FIR filed by Golakh Bihari Rout, Sub-Inspector of Krustanprasad Police station that under his leadership, 1000 supporters entered into Krustanprasad police station  and created ruckus inside police station, ransacked various  important assets and damaged other valuable assets etc. Another FIR was also lodged against me to attempt rape a lady police constable in the police station.

In fact on that day, he was  not present  in the area  and no way involved in mobilizing  the people  to ransack  the police station of Krustanprasad.  He was in Bhubaneswar and taking his class in  the Tutorial.

Registering this false FIR, the police started investigation and tried to arrest him. On dated 3.2.2018 midnight, around 20 police entered his home to search him. They broke down doors of our house and home appliances worth lakhs of rupees. They used insalubrious and filthy language to his mother, misbehaved her and threatened his old father to kill him. Due to this midnight operation by police and being mentally shocked by police torture, his parents are suffering from mental trauma and  their health condition deteriorating.

He has further alleged  that  as he has  been  filling  number of RTI Applications  to the office of BDO, Tahasildar  and Krustanprasad police station  in his  effort  to expose  corruption, illegalities and irregularities in implementation of Govt. scheme and programme,   the administration, police and political touts  joined hand together   to defame , denigrade and harass him. So that  he would refrain from filling RTI Applications. The police implicating him  in false case  and masterminded  to lodge FIR  is  the result of  administrative conspiracy  to disturb and discourage him  and put him  in trouble.   

While  Bhakti  had been  to Office of SP, Puri  on 10.4.18 to attend  hearing of first appeal  filed to SP under section 19 (1) of the RTI Act against denial of information by the PIO-cum-IIC, Krustanprasad Police station,   Dillip Swain, IIC, Krustanprasad police station reached in the office of SP, Puri and identified him sitting there.  Having seen him, he started to talk with him  in high tone and told him about pending warrant case against him.  He strongly reacted and objected it. Then, he met SP and discussed with him. After being come out, he called his co-police officers to arrest him  and started abusing him  with slang language (HAIRE SHALA BESI PHUTANI MARUCHHU, CHORA SALA etc.).  he along with 4 police officers started beating him  and ousted  him from SP office and carried him  to Town police station. On that day, the police arrested him  and forwarded him  to jail.   They also took away my files, RTI Application, appeal petition, my mobile and purse containing Rs. 5000.00.   The SP, Puri is quite aware  about  this incident and  encouraged  the IIC, Krustanparasad  to arrest him against who I had field first appeal petition. The FAA neither heard the case nor disposed it.  He spent 12 days in jail and got released on 24.4.18.  

Pradip Pradhan
M-9937843482
Date- 17.5.18


शनिवार, 12 मई 2018

OSCPCR issued Notice to Authority of KISS, Bhubaneswar on Missing of Tribal child


OSCPCR issued Notice to Authority of KISS, Bhubaneswar, SDPO, DCPO of  Malkangiri  to submit  report on Missing  of Bonda Tribal  boy from KISS Tribal School by 30.5.18

 On 8.5.18,  taking  cognizance  of complaint  case filed  by Pradip Pradhan, Human Rights Activist, Odisha State Commission for Protection of Child Rights ( OSCPCR), Bhubaneswar  has issued  notice  to Authority of KISS Tribal School, District Child Protection Officer, Malkangiri, Superintendent of Police, SDPO and Inspector-in-Charge, Pokhariput Police station, Malkanagiri  seeking  detailed report individually by 30.5.18  on Missing of Bonda tribal  Boy  who was  studying in KISS Tribal School  of Achyut Samant, newly elected  Rajya Sabha MP of Biju Janata Dal.

On 7.5.18, Sri Pradip Pradhan   filed complaint to OSCPCR seeking an inquiry into missing of a Bonda tribal child from KISS Tribal School, Bhubaneswar. Bonda Tribal boy named Rama Chandra was studying in class- VIII and got missing since 3 years. Having been influenced by agents of KISS Tribal School with assurance of free education and hostel facility, his mother has sent Ramachandra   to KISS tribal school, Bhubaneswar with great hope of educating   and nourishing him as meritorious student.  Having failed to find out her son, she  has   filed  an FIR in Pokhariput Police station, Malkangiri district  seeking an inquiry  into missing of her son and  find out his whereabouts. Sri Pradhan has alleged   that KISS Authority  has neglected  and not taken care of  Rama Chandra properly for which he is missing. Trafficking of Rama Chandra also can not be ruled out. KISS as institution is illegal, as it has not been registered  under Juvenile Justice Act, 2015.

In case of WPCRL 102 of 2007 the Hon’ble Supreme Court has already directed that “The Union Government and the governments of the States and Union Territories must ensure that the process of registration of all child care institutions is completed positively by 31st December, 2017 with the entire data being confirmed and validated. The information should be available with all the concerned officials. The registration process should also include a data base of all children in need of care and protection which should be updated every month. While maintaining the database, issues of confidentiality and privacy must be kept in mind by the concerned authorities”.

It is needled  to mention here that Bonda tribe, a most vulnerable  and marginalized Primitive Tribal Group  is residing  in  small patch of Bonda Hill of Malkangiri district, most underdeveloped  and naxal-affected district of Odisha.  Bonda tribes  are   still primitive  in  nature  and deprived section of society and survive in abject poverty , hunger and malnutrition. Most of them are illiterate and deprived  of school education. The State  Govt. is  undertaking a  lot  of  special project  including  Bonda  Development  Authority  for  upliftment  of Bonda tribes.

Pradip Pradhan
M-9937843482
Date-12.5.18