Orissa Information Commission: A buffoon at large! (2)
The last mail talked about how Mr.D.N. Padhi, Chief Orissa Information Commissioner misread both Section 18(3) of RTI Act 2005 and Section 27 of CPC 1908 (Summons to Defendants) and buffoon like issued 'summons' to an activist complainant Mr.Pradip Pradhan in one case while calculatedly desisting from issuing any 'summons' against an absconding PIO Mr.Niranjan Pradhan in another case.
In fact, Mr.Padhi's buffoonery is more revealing when one comes face to face with his infatuation to project Information Commission as a Court and himself as its 'Honorable' Chief Judge. For instance, the decision dated 2.5.2006 in an SA case of 2006 (Dr.Sudarshan Baral vs. 1st Appellate Officer of Higher Education Dept) bears a flagship declaration "Court of : Sri D.N.Padhi, Hon'ble State Chief Information Commissioner". But soon afterwards he realized his folly and jettisoned for good the fanciful word 'Court', perhaps prompted by his own sixth sense that no other Chief Commissioner Central or State used to style himself a 'Court'.
However, Mr.Padhi's temptation for being addressed 'Honorable' was so irresistible that he used to ensure its occurrence twice in the body of the decision he himself wrote i.e. at the opening and as well at the signature line (vide CC No. 2/2006 decided on 5.7.2007). But one curiosity still dogs this author, which Mr.Padhi is the only competent authority to clarify. Taking for granted the rationale of his self-contrived wisdom that a Chief State Information Commissioner deserved the epithet 'Honorable' all through, the moot point arises, why did he not allow its extension to other Commissioners, be he Prof.Radhamohan, Mr.Jagadanand or recently inducted Mr.P.K.Mohanty? A sheet of Commission's decision is certainly not the primogeniture of Mr.Padhi, who would squander it for his self-aggrandizement to the exclusion of his natural colleagues.
Again taking for granted the wisdom in Mr.Padhi's puerile fancy that the Commission is a Court and himself it's Chief Justice, can he show from the verdict of any single Court from anywhere in the world including our Supreme Court or High Courts, where the epithet 'Honorable' is added to the name of Chief Justice at its opening and at the signature line? Not, certainly. Who else if not a psychotic megalomaniac like 'Honorable' Mr.Padhi is capable of such a horrendous 'dishonor' already done to the august office of Orissa Information Commission?
Coming to the question whether the Information Commission is a Court or not, it is admittedly true there are several persons both within and outside the Commission who in their innocence think alike with self-opinionated Mr.Padhi that the Commission is a Court and it has all the powers of a Court as described in the Constitution. It is also true, in his defense the myopic Mr.Padhi would certainly adduce Section 18(3) of RTI Act 2005, where the Commission is vested with some powers of a civil court. However, to settle the matter once and for all, let's re-read at least the relevant part of the said Section- "The Central Information or State Information Commission, as the case may be, shall while inquiring into any matter under this section, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure 1908, in respect of the following matters, namely:- (a)…….. (b)…… (c)……. (d)……. (e)…….. (f) …………" . Thus, it is crystal clear that the Commission has not been entrusted with all the powers of a civil court in an omnibus manner, but only with those specific powers as are vested in a civil court trying a suit, and that too only when the Commission 'enquires into any matter under the Section-18 (Complaint)', not otherwise. Needless to poke Mr.Padhi that all kindred Commissions be it Minorities Commission, Women's Commission, Child Rights Protection Commission or Scheduled Tribes Commission have also been vested with the same powers of a civil court as are vested to Information Commission. Do these Commissions boast of themselves as Courts? Not, certainly. But Mr.Padhi buffoon-like continues to do so.
Further, Mr.Padhi, who has already reached the fag end of his tenure as the Chief Orissa Information Commissioner, ought, though belatedly, do some homework about Section-23 of RTI Act, where a clear dichotomy has been laid down between the conventional Courts and the appellate arrangements provided under RTI Act – "No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act". Should Mr.Padhi still cling on to his bizarre nonsense of projecting the Commission as a 'Court' and himself as its 'Honorable Chief', it is only God, who out of his infinite compassion for all beings including even idiots and crooks can condone him.
Another amusing aspect of Mr.Padhi's buffoonery is his insatiable craze for power over 'Contempt of Court'. The Annual Report of the Orissa Information Commission for 2006-07, authored under his stewardship mentions inter alia- "For non-compliance of any order or recommendation for disciplinary action, or realization of penalty from the erring officials or non payment of compensation by the Public Authorities or any other matter ancillary thereto no provision appears in the Act. Necessary provision may be incorporated in the Act by way of amendments to obviate such non-compliance. The 'Contempt of Court' power should be available to the State Commission also to ensure 'effective' implementation of the provisions of the Act, since it is a quasijudicial forum and has all the trappings of a Court". Firstly, Mr.Padhi's arbitrary presumption that RTI Act lacks in such powers is absolutely false. Just read Section 18(3) again, which arms the Commission with the much needed power to issue summons against a defendant, failing which he can be put behind the bars and his property attached. Moreover, read Rule-13 of Orissa RTI Rules 2005- "Any penalty or damage or any other sum payable under the Act, if not paid within thirty days of the date of receipt of the order for realization of the same or cannot be recovered, can be realized from such person as arrears of land revenue"- which means again that the Commission can cause a warrant of arrest to be issued against such defaulter, and can also in the event of latter's persisting non-compliance proceed for attaching his property and ordering his civil imprisonment as required under Orissa Public Demands Recovery Act 1962.
The moot point here arises- did Mr.Padhi ever apply any of such existing provisions, even for once against any of the errant or defaulter PIOs? Rather, as we have already seen, he has done just the opposite i.e. allowing an absconder PIO to go scot-free and issuing summons against an activist complainant Mr.Pradip Pradhan. Now the cat is out of bag! What else can be the leitmotif behind Mr.Padhi's recommendation for 'contempt of court power to the Commission', if not a diabolic design to stamp out once and for all the voice of RTI activists like Mr.Pradip Pradhan and to make the Commission a safe haven for the absconder PIOs like Mr.Niranjan Pradhan?
Be that as it may, megalomaniacs are ignoramuses too. It is really a sad commentary on the civil service of the country as a whole when we notice a celebrity member of their fraternity Mr.D.N.Padhi exhibiting idiocy par excellence on the basics of political science. Doesn't he know that as per the Constitution, no Court other than Supreme Court or High Courts enjoys the power against 'contempt of court' (vide Articles 129 and 215)? Can he name any Commission of India that enjoys contempt of court power? Not, at all. If he be still crazy to amass such power for the Information Commission, he should have recommended amendment of the Constitution of India, not that of RTI Act. God bless, following his forthcoming superannuation from the Commission, he manages a ticket to Rajya Sabha, the upper house of Parliament, which is in fact the only forum to push through his pet idea for amending not only RTI Act but also Constitution of India, so as to satisfy once and for all his ever boiling vengeance against RTI activists like Mr.Pradip Pradhan.
Chitta Behera,
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