[HumJanenge] Mr. Jagadanand, Orissa Information Commissioner working at tandem with defaulter PIOs and corrupt public authorities

Mr. Jagadanand, Orissa Information Commissioner working at tandem with defaulter PIOs and corrupt public authorities

 Dear friends,

Under Sections 18, 19 and 20 of Right to Information Act, the Central/ State Information Commissioners are empowered  to hear the complaints/second appeals and to give justice  to the aggrieved citizens by way of ensuring  complete information, and imposition of penalty  in the form of fine or  disciplinary proceedings against defaulting PIO. 

 

But here is a case where the State Information Commissioner Mr.Jagadanand has conspicuously failed to carry out the above provisions and to deliver justice to the RTI complainant .

 

Shocked by the media report of large scale corruption and irregularities in distribution of PDS, MDM and ICDS items in areas under BMC  .  I had on 21.8..2009 submitted 3 RTI Applications to the PIO, office of Bhubaneswar Municipal Corporation seeking certain  information about implementation of food security programmes like PDS, MDM and ICDS in areas under BMC including slums like Patharbandh Basti and Ganapati Basti. Having received no information, I made 3 complaints to Orissa Information Commission under Section 18 of RTI Act on 3.10.2009. These complaints were were registered as CC No-1030/2009, CC No- 1033/2009 and CC No-1017/2009. 

 

After a long span of around 14 months, Mr. Jagadanand, SIC took up on 3.12.2010,the hearing of all 3 complaint petitions On this day, the Commission directed the PIO to forward the concerned RTI Application to the concerned public authorities to furnish the requisite information. The PIO was also directed to furnish the said information free of cost to the complainant and the Commission fixed 18.1.2011 for further hearing.

 

On the day of second hearing, I appeared and stated that PIO had not provided me with complete Information. Hearing the case, Mr. Jagadanand asked me to prepare a discrepancy chart and furnish the same before the concerned PIOs who should in turn provide the complete information accordingly. Mr. Jagadanad also said that in case of my failure in getting the complete information, I could keep the Commission informed  so to reopen and rehear the case. He also directed ADM, Bhubaneswar to ensure furnishing of complete information to the complainant from the office of the Asst. Civil Supplies Officer as well as the CDPO, ICDS (Urban). Thus  the case was of by Mr.Jagadanand.

 

Following the advice of the Commission,  I sent  on 22.1.2011 a discrepancy chart  to the Asst. Civil Supplies Officer, office of ADM, Bhubaneswar  seeking complete information along with a copy marked to  the Commission. After expiry of a moth, i.e. on 23.2.2011 I received  a letter from the Asst. Civil Supplies Officer, BMC who expressed his inability  therein to furnish  the requisite information.

 

Then,  on 14.3.2011, I wrote to Mr. Jagadanand, SIC  requesting  to reopen the case for  another around of hearing   and take action against the concerned defaulting PIO under Section 20 (1) of RTI Act. Besides I also wrote to the Chief Information Commissioner Orissa requesting him to direct Commissioner Mr. Jagadanand to reopen the case.

 

Though two months have passed by meanwhile, I couldn't get any response from Mr. Jagadanand, SIC  nor did I get any further information. However, after around more than 3 months i.e. on 30.4.2011 I got a copy of the decision  on all of my complaint petitions disposed by  the Commission where it was written  in para-8 that " the Complainant is at liberty  to prefer petition afresh before the State Commission, in case the grievance still remains unsettled at the level of opposite party".  But, it is to be noted that  in the earlier decision of the Commission I was asked  to inform the Commission to reopen the case, but not to file  another petition.   It is strange the Commission has failed to maintain consistency between two decisions pronounced by it with a time gap- all this to the detriment of the RTI user and to the advantage of the defaulter PIO and corrupt public authorities.   

Regards

 

Pradip Pradhan

M-99378-43482

Date- 30.5.2011