Tuesday, June 4, 2013

[HumJanenge] Fwd: [odishasoochanaadhikarabhiyan] WRIT PETITION FILED IN ODISHA HIGH COURT FOR WITHDRAWAL OF DEROGATORY AND DEFAMATORY LANGUAGE USED IN THE DECISION OF THE CASE WRITTEN BY SRI JAGADANAND, ODISHA INFORMATION COMMISSIONER.

 


WRIT PETITION FILED IN ODISHA HIGH COURT FOR WITHDRAWAL OF DEROGATORY AND DEFAMATORY LANGUAGE USED IN THE DECISION OF THE CASE WRITTEN BY SRI JAGADANAND, ODISHA INFORMATION COMMISSIONER.

 

Sri Jagadnand has committed two mistakes i.e., (a)closed the case without ensuring information and (b)reflected derogatory and perverse remarks of the PIO against the  complainant in his decision which is illegal  and against judicial decorum.

 

Dear friends

 

On dated 30.5.13, I had filed a writ petition in odisha High Court seeking direction to Sri Jagadanand, State Information Commissioner to expunge the derogatory and defamatory remarks used in the decision against me and to remove the judgment from their official website and further direct the Commission to provide accurate information as sought for free of cost and also to pay the requisite compensation to me. 

 

That, while deciding   a Second Appeal case No. 439/2011 on 9.2.2012,  Sri Jagadanand  remanded the case  to the First Appellate Authority, Dept. of Health and Family Welfare, Govt. of Odisha and  wrote the objectionable and illegal remarks  of the PIO (the petitioner is involved in fraudulent land deal with many persons  including Sanat Mohapatra and was arrested in a Criminal  case).  This sentence is illegal, perverse and non-application of judicial mind.  I have also alleged in my petition that Sri Jagadanand, SIC lacks minimum knowledge about RTI Act.  Without hearing  from the petitioner,  how Sri Jagadanand  recorded  the statement of the PIO  and  reflected  on the order sheet which does not  come  within the domain of the Commission.

 

In my petition, I have pointed out that   due to the illegal and malafide action of the opposite parties , the petitioner is deprived of getting the information sought for by me  and also  derogatory and defamatory  remarks recorded by Sri Jagadanand  has maligned my  image and the image of my family in Odisha as well as my  friends outside  of  Odisha as a result of which I have  been  highly  prejudiced .

 

The case  is  that on 1.8.2011,  I had  submitted RTI Application  to the PIO, office of  Health  and Family Welfare, Govt. of Odisha seeking information relating to  moveable and immoveable property  details of Sanat Kumar Mohapatra  who  was  serving as  an assistant surgeon in police hospital, Puri and his family members.  The PIO rejected RTI Application on the ground of section 8(1)(j) of the RTI Act.  Being aggrieved by the decision of the PIO,  I  made  first appeal  before the  first appellate authority , who illegally dismissed the appeal    on the ground  that the appellant is found absent  and did not request for further date.  Then, I made the second appeal to the Commission. On 9.2.12, Sri  Jagadanad, SIC  heard  the case  and without  directing the PIO  to provide the information  again remanded  to the First appellate Authority  for disposal  who  had earlier  rejected  the first appeal. 

 

This is a strategy  of Sri Jagadanand  to protect the  corrupt officials  and defy the RTI Act. It needs to be mentioned here that  many Information Commissioners  across India( Decision No.CIC /SG/A /2009/ 002343/ 5489), Madras High Courts(V.Madhav vs The Tamil Nadu Information ... on 12 July, 2011), Punjab & Haryana High Court(Civil Writ Petition No.15964 of 2010, Date of Decision:06.01.2011) and Supreme Courts  have already   given judgments  about   disclosure of property statement of officers   coming under perview of RTI Act. 

 

Jayanta Kumar Das

Complainant and Petitioner

M- 98617-70749

Date- 3.6.13

 

 


 
 

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