Thursday, March 31, 2016

Status of Judicial Commissions appointed by Govt. of Odisha

Status of Judicial Commission appointed by Home Dept., Govt. of Odisha from 2000-2016

On Assembly question ( udad No.938) raised by Sri Krustan Sagaria, MLA, Koraput, Home Minister Sri Nabin Patnaik has  provided the following reply.
Sl.No
Name of Judicial Commission
Expenditure ( in Rs.)
Whether Report has been received
1
Commission of Inquiry on alleged activities of Drug Mafia in and around Balasore district
11,54,000/-
Yes
2
Commission of Inquiry on Violence  inside premises  of SCB medical  College and Hospital Cuttack on 16.7.2000
8,12,881/-
Yes
3
Commission of Inquiry on Police firing  at village Maikanch under Kashipur police station of Rayagada district on 16.12.2000
8,71,000/-
Yes
4
Commission of Inquiry on Confrontation  between police and Members of Bar Association, Puri  on 16.10.2001
4,02,000/-
NO
5
Commission of Inquiry on Police firing at Rangabhati and Raighar villages in Nabarangpur district on 30.10.2001 & 11.11.2001
3,41,494/-
NO
6
Commission of Inquiry on alleged custodial death of Dillip Kumar Swain at Saheed nagar Police station  in Khurda district on 17.5.2005
3,16, 341/-
Yes
7
Commission of Inquiry on alleged custodial death of Gajendra Majhi i Kuchinda police station on 17.3.2005
2,10,000/-
Yes
8
Commission of Inquiry on the Incident of police firing  in front of Champua police station on 8.6.2005
1,75,000/-
Yes
9
Commission of Inquiry on the Incidence of police firing  at Kalinga Nagar, Jajpur district on 2.1.2006
1,81,40,907/-
Yes
10
Commission of Inquiry on the Incidence of stampede inside Jagannath Temple, Puri on 4.11.2006
45,49,500/-
Yes
11
Commission of Inquiry on Violent incidents occurred  in different parts of Kondhamal during December 2007
2,56,31,114/-
Yes
12
Commission of Inquiry on feasibility of setting up of permanent / circuit Benches of Odisha High Court at different places
1,61,08,742/-
Yes
13
Commission of Inquiry on Killing of Swami Laxmanananda Saraswati and others in Jaleshpata Ashram of Kondhamal district
2,11,74,363/-
Yes
14
Commission of Inquiry on police firing at Bhuban in Dhenkanal district on 22.3.2009
NIL
NO
15
Commission of Inquiry on Death of two engineering students at Bolangir on 24.10.2009
1,43,48,475/-
Yes
16
Commission of Inquiry on Police firing at Bagalpur village in Cuttack district o 23.8.2010
31,06,860/-
Yes
17
Commission of Inquiry on the incident involving a Judicial Magistrate  and the local police at Rourkela on 2.4.2011
31,06,860/-
Yes
18
Commission of Inquiry on the incidence of grievous injury to a girl of village Arjungada, P.S.-Pipili, Puri district on 30.11.2011
35,30,818/-
NO
19
Commission of Inquiry on police firing at Phasipada village  of Khalikote Block uder Kodala P.S. of Ganjam district on 31.3.2012
NIL
Yes
20
Commission of Inquiry on Unauthorised collection of public deposits in the state  ( Chit Fund)
3,25,60,079/-
NO

Pradip Pradhan
M-9937843482
Date-27.3.16


Fact-finding Report on “Brutal Attack on the Villagers of Dadhimachhagadia Sabar Sahi under Khurda District

Fact-finding Report on “Brutal Attack on the Villagers of Dadhimachhagadia  Sabar Sahi  in the presence of the Police Force under Khurda district, Odisha”

On 21.3.16 ,  violent  mob of around 500 people  attacked  Dadhimachhagadia Sabar Sahi  at  11 am  and ransacked   the  houses of the  villagers, brutally  tortured  male  people.  Being frightened by the attack, both male and female members of the village fled the house.  The attackers also looted the house and took all the household articles, paddy, vegetables, goats, utensils etc.  After this incident,   police force was deployed to provide security to the villagers and the administration also opened relief centre to provide food to the affected women members.  This incident found prominent place in different news paper on 22.3.16.  It was  also  highlighted  that  due to  internal  conflicts   among  different groups   of the villages  within  Kaipada Gram Panchayat,  this  violent incident  occurred. It was also reported that women and children are starving.

Visit of the Fact-finding Team 

Having gone through the news,  a four-member Fact-finding Team  of  Civil Society Groups  ( Pradip Pradhan, State  Convener, Right to Food  Campaign, Odisha, Sri Ashok Mallik, State President, NACDOR, Odisha Chapter,  Sri Bijay kumar Pradhan, President, Odisha Jana Adhikar Parishad and Sri Sudhir Mohanty, advocate )  had visited  the  village  on 23.3.16 to ascertain the fact  about  incident  and  explore the possibility  of  helping  the affected  poor tribals.  The Team reached at around 12.45 am and found police patrolling around the village.  On the entry of the village, the women were being served food by the Govt. officials under banyan tree.  Within few minutes, the Team also noticed the inspection of the village by the Collector and Superintendent of Police, Khurda. However, the Team members entered into the village and the atmosphere of the area found  very calm and quiet. Not a single male villager was noticed in the village.  Many of the houses are found ransacked, half-burnt and destroyed.  Around 72 houses were torched into fire. Few women were founding very frightened and moving hither and thither.  Some of them were coming to relief centre to take food.

The Team members met Kabir Pradhan, villager and Tuku Majhi, ward Member and interacted with them to know about the unfortunate incident occurred in their village on 21.3.16.  Dadhimachhagadia Sabar Sahi  is  a tribal majority  village.  The village is having total no. of 132 Households. Though they are tribals,  they are  not considered  as Scheduled Tribe by the Govt. for which they could not get any benefit  under various Govt. schemes reserved for  ST community. Most of the villagers are poor and eke out their livelihood from daily wage   and small business.  This incident  is the result  of  series  of  inert and intra-conflict  among the  villagers  of Dadhimachhagadia  General Sahi ( a village  of Upper Caste  having dominance  in the  village  and clout  in the area)   and  Sabar Sahi.  As recalled by the respondents, Six months back, there was violent conflict between Kalia Biswal, Crusher Manager and Lilu Pradhan of Sabar Sahi. Lilu Pradhan was severely beaten up by the opposite rivals. However, the dispute was resolved after intervention of the police.



 Since then, Lilu Pradhan had left the village. On 19.3.16, there was again conflict and duel of war between two rivals i.e., Kalia Biswal and Lilu Pradhan.  The bloody fight resulted in murder of Kalia Biswal which occurred on road just little meter distance from the village.  His murder has created a lot of   violent reaction of the Upper caste people against tribals of Sabar Sahi. After this murder, the district administration immediately deployed the police force in the area and the police started investigation. But the upper caste people did not take this incident easily and organized meeting among them to take the revenge of the murder of kailash Biswal. 

They got organized and attacked Sabar Sahi on 21.3.16 at 11 am.  Despite the police force being present on the spot, they could not resist the mob of more than 500 people   who attacked with lethal weapons to the villagers of Sabar Sahi , looted everything.   Both male and female smelling violent attack by

upper caste people fled the village   to adjoining forest prior to attack. They attacked with petrol bomb and destroyed their houses.  It was reported that the police has arrested   8 people.  The whole area was found tense but under control with the presence of significant number of police.  The team noticed   presence of number of Govt. officials like police officers, Tahasildar, Block Development Officer, Block officials and many others.   Though few women are found in the village, no male members have returned to the village yet. The Team members Sri Ashok Mallik and Sudhir Mohanty   discussed   with the police and officials about the incident but the response was not quite satisfactory.  Many of the people whom the Team met did not hesitate to speak anything out of fear.

Analysis of the situation and Recommendation of the Team

The Team is of the view that  age-old  inter-village  conflict, personal grudge   and  culture of dominance  of Upper Caste  against lower  Caste  has  taken violent turn  in the village. The horrifying situation has posed big threat to the life and livelihood of the tribals of Sabar Sahi.  They have been terrified by the organized attack and fled the village to survive. Their life has been endangered.   Their house has been ransacked and all the household articles have been destroyed.  This incident can not be taken as mere law and order situation.  The trust deficit   between the two communities living in same village and locality has posed severe threat to   co-existence.   This violent incident has occurred in the presence of the police.  It may be the presence of Small number of the police could not resist the violent mob.  If more number of police had been deployed, this attack could have been avoided. Or  it may be also  the reason that  nexus of the police with Upper Caste  leaders backed by Ruling political party  has triggered  the attack  in a planned  causing  huge loss to tribals. 

So, keeping in view the situation, the Team  makes  the  following recommendation to protect life and livelihood of the tribals  of Sabar Sahi

1.      The Team urged the Govt.  to appoint a high-level  inquiry  into  the  occurrence of incident,  politics behind  mobilization of  villagers of different  villages,  involvement of political leaders of Ruling  class,  involvement of  mafias or owner of Crusher Unit etc.  The inquiry should be conducted in time bound manner and action to be taken accordingly.

2.        The State Govt. should try immediately to restore peace and sense of brotherhood by bringing together both the opposite parties to settle the disputes.  The administration should be cautious to resolve the age-old dispute. So that the peaceful co-existence can be restored permanently. The Administration may form a peace committee involving the senior people of both the communities.

3.      The administration should immediately identify the loss of each family and compensate them accordingly at the earliest.

4.      The State administration should give priority to ensure food and livelihood on war footing way. So that the tribals will be confident   to stay in the village and  go for work.

5.      The administration should immediately release fund under Biju Pucca Gruha Yojana to the villagers  whose house has been gutted.

6.      The administration should continue relief till the normal situation is restored in the village.

7.      The police force should be there till law and order is restored in the village.




Pradip Pradhan,                                                             Sri Ashok Mallik,
State  Convener,                                                            State President
Right to Food  Campaign, Odisha                        NACDOR, Odisha Chapter
M-9937843482                                                                      M-94377-40344


 Sri Bijay kumar Pradhan,                                    Sri Sudhir Mohanty
President, Odisha Jana Adhikar Parishad   Advocate, Odisha High Court

Monday, March 28, 2016

No monitoring of Private Schools by State Government in Odisha

No monitoring of Private Schools by State Government  in Odisha – A Disastrous situation for the Children


The Right of Children to Free and Compulsory Education Act which is called as Right to Education Act, 2009 mandated to provide free and compulsory education to all the children of the age of six to fourteen years.   The Govt. schools, Private schools like aided schools  receiving aid or grants  to meet whole or part of the expenses from the Government and unaided schools not receiving any kind of aid or grant to meet the expenses from Govt. are duty-bound to comply the RTE Act and meet RTE Norm. As per section 18 of the RTE Act, Each aided and unaided Private schools are required to obtain a certificate of recognition from the Government subject to fulfilling the norms and standards specified in the schedule. 

On 19.1.2016, RTI Application was submitted to the PIO, office of Director, Elementary Education, Odisha seeking  the following information  about private Schools  located in Bhubaneswar

a. Copy of the Guideline/ circular, if any issued by the Govt. for monitoring of the Private schools in Odisha
b. List of the English-medium Private Schools   located in Bhubaneswar which have obtained recognition from the State Govt. and not obtained recognition from state Govt. 
c. Name of the authority entrusted to monitor the private schools under Bhubaneswar Municipal Corporation.
d. Copy of the reports of the monitoring of Private Schools submitted by the Monitoring authority  from 2011 to 2015.
e. Name of the authority entrusted to monitor KIIT School and copy of enquiry report, if  any available with that authority.

The information provided by the PIO on 10.3.16 is as follows.

1.Though  the implementation of RTE Act started  from 2009, the State Government issued Office Order No. 20559  on dt. 26.12.14 (after five years of enactment of the Act)    fixing conditionalities  i.e, fulfilling requirement for  RTE Norm for Privately managed Elementary Schools  to obtain N.O.C. ( No Objection Certificate) from Govt. The procedure  to be followed for obtaining N.O.C.  is as follows.

a.      All applications received upto date 1.11.14 will be taken into consideration for issue of N.O.C.
b.      Conditional N.O.C. will be issued to the privately managed Elementary Schools with the condition that  they will fulfil all the requirements  as per RTE Act by 31.10.15.
c.       Applications received will be sent “on-line” to the concerned BEOs (Block Education Officers)  for field verification. Based on the field report, NOC  is to be considered.
d.      The BEOs after getting the applications  “on-line”  will conduct  field enquiry  and while submitting report, specifically give comments  on the non-negotiable  items.
The BEO will submit the verification report “ on-line” with the counter signature  of the concerned  District Project  Coordinator (DPC)  within 15 days of receipt of the applications from the Directorate of Elementary Education, Odisha.
2. Total number of 91 Private Schools   functioning within jurisdiction of BMC ( Bhubaneswar Municipal Corporation) have   applied  for NOC for 2015-16. Total No. of 38  private schools   functioning in Bhubaeswar Block  have  applied  for NOC for 2015-16.

3. The Proposal of total no. of 46 Private Schools functioning within the jurisdiction of Bhubaneswar Block were sent to DPC,SSA for issue of NOC ( 2014-15)  on 25.1.15.

4. The proposal of total no. of 93 Private Schools   within BMC area  was sent to DPC in January and February 2015 for issue of NOC for 2014-15.  

5.  The proposal of total no. of 42 Private Schools   within BMC area was sent to DPC for issue of NOC for 2015-16.

6. After careful consideration of the Report of BEO and DPC, SSA-RTE,  Conditional No Objection was granted  upto 31.10.2015  to only  SEVEN Private Schools ( ST.Xavier International School, Jujhagada, ST.Xavier International School, Janpath, satya Nagar, ST.Xavier International School, ear Alishan Housing Project, ST.Xavier International School, Palasuni, Swami Vivekanand Shikha Kendra, Kargil Road, Bhimpur, Kalinga Institute of Social Science (KISS), KIIT Campus, Patia, Sai Binapani Gyana Mandir, Badagada Brit Colony)  on the  following conditions.

a. The school shall be opened for inspection by the Inspecting Officers of School and Mass Education Department.
b. No financial assistance or grant-in-aid shall be claimed by the Institution from the Government at any point of time for meeting salary cost and its component towards teaching and non-teaching staff.
c. The Managing Committee of the school will not shift the present location of the school without prior approval of Director, Elementary Education, Odisha.
d. The Managing Committee shall be constituted in accordance with the section 7 of Orissa Education Act 1969.
e. The Managing Committee shall ensure the continuity of all eligibility criteria for grant of N.O.C. If ay deterioration from present status of the school is detected at any point of time then N.O.C. shall be withdrawn.
f. If at any point of time it is found that information submitted by the schools is not in conformity with the field position, appropriate Administrative as well as legal action against the school authority will be initiated besides withdrawal of NOC. 

7.  Rest of all the Private Schools  have not been granted NOC by the Govt. till yet.  It means functioning of these schools are illegal.

8. Copy of the reports of the monitoring of Private Schools submitted by the Monitoring authority  from 2011 to 2015 is not available  as per response of the PIO.

9. KIIT School has not been monitored  by any Monitoring Authority till yet.

Pradip Pradhan
M-9937843482

Date- 25.3.16 

Sunday, March 27, 2016

Total 14102.58 quintal of Dal seized in the State of Odisha

Total 14102.58   quintal of Dal seized in the State of Odisha


In 2015, due to unprecedented price rise of Dal in the State and subsequent public protest by the opposition political parties  and consumers, the Govt. in Food Supply and Consumer Welfare Department undertook drive to seize dal in the go-down of whole-sellers  who have illegally stored dal leading to artificial dal crisis and sky-rocketing price rise. Their drive to seize Dal  was highlighted  in Mass media and the Govt. assured  to check the price rise. But astonishingly, nothing happened. The consumers continued to suffer and stopped consumption of Dal.

RTI Application was submitted to the PIO, Dept. of Food Supply and Consumer Welfare Department  seeking information about  details of quantity of Dal seized by State Govt. from different areas in the state, date of Dal being seized,  status of  Dal seized. If it is sold in the market, what was the price fixed. Name of the agency or the individual  given the seized Dal  for sale.

The information provided by the PIO on dated 19.3.16 is as follows.
a.      Details of Dal seized  in the state  as follows.

Date
Quantity of Dal seized
26.10.2015
Q. 13143.60
28.10.2015
Q. 895.00
30.10.2015
Q. 63.98
Total
Q. 14102.58

b. Out of above seized dals Q. 4663.60 has been ordered  for interim disposal and rest quantity yet to be disposed  by the District Magistrate  under 6A proceedings.
c. Dals are being sold  in important markets  like Bhubaneswar, Cuttack, Rourkela, Sambalpur, Balasore, Berhampur, Puri. Arhar Dal  @ Rs.140/- per kg & Moong dal @ Rs.110/- per kg in Fair Price Shops in collaboration with the local traders. 

Comments
A.      The PIO has not provided the location/place from where  Dal was seized  with ulterior motive to keep it secret.
B.      Aother RTI Application has been submitted to get details information about status of rest of Dal seized and kept for disposal by the Collector.

Pradip Pradhan
M-9937843482

Date- 25.3.16 

Highest Forest Land illegally acquired by Dr. Achyut Samant, Founder KIIT

Highest Forest Land illegally acquired by Dr. Achyut Samant, Founder KIIT in Bhubaneswar, Capital city of Odisha  
Dear friends

As per Forest Conservation Act 1980, the forest land cannot be deserved without permission of Ministry of Forest and Environment, Government of India. Any Institution or Industry or anybody is acquiring / encroaching land is illegal on the eye of law. On Assembly question No. 1036 asked by Sri Krustan Sagaria, MLA, Koraput, Minister for Forest and Environment, Govt. of Odisha has replied that “ Kalinga Institute of Industrial Technology ( KIIT) has illegally encroached 18 acres of forest land  in Patharagadia Mouza  under Bhubaneswar. The State Govt. has filed two encroachment case (Case No. 640/11 and 641/11) to recover the land from KIIT”.
Though five years have passed, the State Govt. has not been able to recover the land from KIIT due to unholy alliance of Dr. Achyut Samant with State administration. It is very interesting to be noted here that the Forest Dept. which is the custodian of forest has not taken a single steps against KIIT.

Similarly, without obtaining any permission from Ministry of Environment and Forest, IDCO ( Odisha Industrial Infrastructure Development Corporation) has allotted 279.318 acres of forest land to KIIT and other agencies in Mancheswar, Chandaka Industrial area and Jayadev Vihar area.

It deserved to be noted here that CAG Report has exposed huge irregularities and illegalities and undue benefit granted by IDCO to KIIT in acquiring 82.087 acres of land causing revenue loss of Rs.252.54 crore from State exchequer.
   

Pradip Pradhan

M-9937843482

Friday, March 25, 2016

Secrets behind disclosure of ACR of Sri U.N. Behera in public domain

Secrets behind disclosure of ACR of Sri U.N. Behera in public domain


Few days back, I came across a news telecast in an electronics media about Sri Naveen Patnaik, Chief Minister of Odisha giving 10 out of 10 marks  in Annual Confidential Report (ACR) of Shri Upendra Nath Behera IAS Additional Chief Secretary to Chief Minister who is retiring next year.  In fact I was surprised by this news.  As I know ACRs are confidential internal-documents. They are kept under lock & key. Even the copy of  ACRs is  also denied to public  under RTI Act.  I got astonished how Media did access such confidential information.

For past few years, under disclosure scheme, ACRs are being given to concerned employees. In this case,  it is  clear  that Shri U.N. Behera had given copy of his ACR to media for publicity. It is  also part of Image building exercise  of  bureaucrats  like Sri U.N.Behera to  glorify  their career  publicly which might be affected  due to various misdeeds  and illegalities.  But good bureaucrats  having honesty and integrity never practise it. Sri   Naveen Patnaik is a politician. His remarks are not important because politicians’ ACR remarks are not given weightage by Govt. of India while assessing an IAS officer. With what motive Shri Behera had published his ACR through media is questionable. There are other IAS officers who have got outstanding remarks throughout their career. Why no one has ever given his ACR to media? Why Sri Behera has given? Is Shri Upendra Nath Behera IAS 1983 who is to retire in next year is doing publicity of ACR remarks of Naveen Patnaik to cover up his dark past and present?

It is reliably learnt that more than 20 letters have come to State Govt. from DOP&T, Govt. of India to inquire about doubtful SC Caste Certificate of Shri Upendra Nath Behera IAS, who has allegedly obtained a fake caste-certificate in the name of his adopting father Laxmidhar Behera of Jahala Mahanga and not in the name of his real biological father and mother. Thus, his caste certificate as an SC is allegedly fake. Three Files on this subject has been sent to Chief Minister and all 3 Files have not returned back for years. In this context, an FIR was also filed by Sri Ashok Mallik, Dalit Leader in Capital Police Station in 2014. 

Shri Behera has obtained a G.A. Plot in the name of his wife Anusuya Behera in Bharatpur Mouza in 2011 while he was Special Secretary G.A. by concealing his ownership of one Plot & house in Patia Mouza since 1997. Moreover, sometimes before his transfer from G.A. on 2-11-2012 he has removed first 12 pages from G.A. Land file of Anusuya Behera his wife which includes a false affidavit submitted by his wife in 2011. Sri Behera is avoiding inquiry into this. On 27.11.15,  a memorandum was submitted  by Civil Society Groups of Odisha  to Sri Gokul Ch. Pati, then Chief Secretary  demanding an enquiry into his land scam. No response has been received from Govt. till yet. 

His dark past also includes some matters as PS to Union Minister Sri Braja Kishor Tripathy and  as CVO DDA New Delhi, and as Special Secretary G.A.  for which CBI officers visit him from time to time.

Is UN Behera trying to cover up all this by publicizing his 10 out  of 10 in ACR given by Naveen Patnaik?

Pradip Pradhan
M-9937843482

Date-25.3.16