Odisha Soochana Commission Imposed Penalty on PIO of FS & CW Dept.for False information with RTI,Matters
Bureau,Odishabarta
Odisha Soochana Commission imposed penalty on Joint Secretary-cum-PIO of FS & CW Department for false information and Addl.Secetary-cum-FAA of the Department was directed to be more diligent with RTI matters.
Bhubaneswar: in 2016, Govt. of Odisha invited Suggestions from general public with reference to the Draft Odisha State Food Commission Rules, 2016 notified in the Odisha Gazette Notification dated 25-1-2016. We 5 persons, namely Shri Pradip Pradhan, Shri Bhawani Sankar Nanda, Smt.Sanjukta Panigrahi, Shri Sachikanta Pradhan and Shri Pratap Sahu submitted our suggestion by e-mail on 8-2-2016 followed by hard copy sent by post.
One of our suggestions was that the Rule should have a provision to form Vigilance committee at each level, i.e. from State to fair Price Shop with 2 members from public. The Rules were finalized on 17-2-2016 with minor corrections based on suggestions of only few members of public.
Our suggestions were simply ignored and it did not find place in the file noting at all. I sent another RTI application on 4-3-2016 seeking details of suggestions received and also the office note sheet in the matter. I received the office note-sheet on 8-4-2016. I observed from the notes that 13 persons have submitted their suggestions out of which 5 persons’ suggestions were noted in the note-sheet. The remaining suggestions were ignored. Even there is no mention in the note-sheet about reasons for not taking a note of the remaining suggestions.
Incidentally to all my queries of my RTI Application dated 4-3-2016 the one and same reply was “The information sought does not come u/s 2(f) of RTI Act, 2005” whereas the note-sheet supplied by them contained all information I sought for. On 1-8-2016 I requested the Principal Secretary of the Department as to why they ignored our suggestions.
As usual there was no response.Then I sent another RTI application on 7-9-2016 seeking information, (i) Date of receipt of my letter dated 1-8-2016, (ii) Copy of file notings on my letter dtd 1-8-2016,(iii) Copy of reply if any sent to me. The reply of the PIO was interesting.
He replied to my query No.i, “The letter dated 01-08-2016 had been received on 13-2-2016”; to query no.ii, “copy of the letter dated 01-08-2016 supplied alongwith the file noting; and to query no.iii “No reply has been sent in response to the said letter”.
The reply to my first query was absurd. Please see the dates I have underlined. Against 2nd query, the letter stated to have been attached has not been attached. I made a First Appeal. The FAA informed that no letter dated 01-08-2016 has been received in the Department. In another RTI application I sought the copies of diary register copies for a period covering 10 days w.e.f 1-8-2021. I received the same. I found my letter dated 1-8-2021 was diarised in the Department on 04-08-2016. I filed 2nd appeal and produced all such documents.
The Information Commission after going through the documents and full hearing noticed the careless approach to RTI Act and lie of PIO. The Commission also observed that the FAA did not delve into the said issue as well although I specifically pointed out in Form D .
Finally my 2nd Appeal No.413/2017 was decided on 24-12-2020 with award of penalty of Rs.7000/- to the Joint Secretary-cum-PIO of FS & CW Department and with a direction to the Ex-Addl.Secretary-cum-FAA of FS & CW Department to be more diligent in future while dealing with any matters under the RTI Act.
Please observe that the public notification became meaningless since all suggestions were not noted and the reasons for acceptance or non-acceptance have not been noted.
The rules have been finally imposed on public unilaterally. No action was taken on our joint letter dated 8-2-2016 and my letter dated 1-8-2016 nor was there any response.
Press Note;By Bhawani Nanda
