Citizen Report on Performance of Odisha Information Commission

Citizen Monitoring Report on “One Year Performance of Odisha
Information Commission” from June 2015 to May 2016

· 
Due to lack of knowledge,
expertise and experience and sheer inefficiency, Odisha Information
commissioners have miserably failed to give justice to the citizens.
·  Mrs. Sashi Prava Bindhani
has devoted just 10 days for hearing in a month.
·  Disposal rate is very
dismal leading to frustration among information seekers.
·  The contents of their
decisions suffer from grammatical errors along with carrying no meaning at all.
·  
Both the Information
Commissioners dispose each just 2 cases  
per month.
·  
Both the Information
Commissioners  draw salary of 2
lakhs  per month which is a great loss to
state exchequer.

As per section 18, 19, 20 of RTI Act, the Information Commission is empowered  is empowered 
to  hear and dispose  Second Appeal petitions and Complaint  Cases, ensure availability of
information  to appellants/ complainants,
impose penalty on defaulting PIOs and award compensation  to aggrieved 
Information Seekers.  Besides
that  the 
Information  Commission  is required 
to publish Annual Report for every year, 
recommendation for reform to Public Authority, if any required for
development, improvement, 
modernisation,  reform or
amendment to this Act   under section 25 
of the Act.

Keeping it in
view, RTI Application was filed by Sri Sanjay Sahu, RTI Activists and member of
Odisha Soochana Adhikar Abhijan to
the PIO, Office of Odisha Information Commission seeking information about details
of days spent by each Information Commissioner for hearing of the case, total
no. of complaint case heard ad disposed by Each IC, penalty imposed,
compensation awarded and number of cases still pending for disposal from June
2015 to May 2016. It needs to be
mentioned here that   both the
Information Commissioners were appointed in the second week of June 2015.

On 13.7.16,
In response to RTI Application, the PIO supplied the required information which
is as follows.

1. No. Of days 
devoted  for hearing by  both 
the Information commissioners 
from June 2015 to  16th
May 2016
12 Months
                        No. of days
devoted  for hearing
Sri
L.N.Patnaik, SIC
Ms. Sashi
Prava Bindhani, SIC
185
128
Average
days  devoted for hearing  in a month
15
10    
 
Analysis:- In an average while Sashi Prava
Bindhani  spends just 10 days  in a month 
for hearing, Sri  L. N. Patnaik
devotes   only 15 days in a month.  God Knows what they are  doing rest of the days  in a month. 

2.      
No. of Complaint/ Second Appeal Cases  heard 
and disposed
Though  both of the State Information Commissioners (
SICs)   got  appointment 
in second week of June,15 ,  but
they started hearing of the case  in
August, two months  later  of their appointment. So the analysis  of  the
cases heard  and disposed  has been made 
for 10 months  ( from August  2015  to May 2016). 



 No. of Complaint/ Second Appeal Cases  heard 
and disposed

Complaint cases heard
Complaint cases disposed
Second Appeal cases heard
Second Appeal cases disposed
Total cases heard ( both Complaint and SA)
Total cases disposed ( both complaint and Second
Appeal)
L.N.Patnaik, SIC
157
27
1163
291
1320
318
Sashi  Prava
Bindhani, SIC
 Month-wise
figure has not been cunningly 
provided     by the PIO
1456
269
Division Bench ( both the SICs sit together)
28
1
568
80
596
81









 ( N.B.- While analysing this figure,  the no. of cases heard and disposed  in Division 
Bench  was  divided 
between two SICs   in order  to arrive 
at conclusion  about  no. of cases heard and disposed  by each of them )
Analysis:
a.In an
average, Sri L.N.Patnaik, SIC hears 162 cases (132 own cases + 30 cases in Division
bench) and
disposes 35 cases (31 own cases + 4 Division bench)  in a month.  If 
devotion of 15 days  for hearing
of the case in a month by Mr. Patnaik  is  taken into 
account, Sri Patnaik hears only 10 cases  per
day  and disposes only  2 cases in a day.

b. Sashi Bindhani  hears 175 cases ( 145 own case + 30 cases in
Division)
  per month and
disposes  31 cases  ( 27 own + 4  cases in division bench)  per month. 
If  15 days is taken into account
for hearing of the case in a month,  then
Smt. Bindhani  hears only  11 cases  
and disposes  only two cases in a day.

It needs to be noted here that Maharashtra Chief
Information commissioner is disposing around 5000 cases in a year. It means   disposing 419 cases in a month. Similarly
Central Information Commissioner is disposing each around 3300 cases in a year.
 But Odisha Information Commissioners are
disposing just around 350 cases in a year.

3.       Penalty:
Within one
year of their functioning, while Sri L.N.Patnaik, SIC has imposed penalty
against erring PIO in 23 cases, Smt. Bindhani, SIC imposes penalty on a single
case and Division Bench has imposed penalty in PIOs in four cases which is less
than four percent of total cases disposed by them   in which RTI Act was violated and the
information denied.  The penalty has been
imposed on lower level functionaries like clerks, Cashier, PEO etc. 

4.      
Compensation
Both the
Information Commissioners have not awarded any compensation under section 19
(8b) to any  aggrieved Citizen who had
filed the cases after taking a lot of pains and hardships.

5.      
Pendency
Around 5000
cases are pending in the commission for disposal since 3 years.  But this figure is doubtful.

6.        
 Language of the Decision
Mrs. Sashi
Bindhani is very poor  in writing  English language  used in the content of the decisions. Let me
refer  content of decision of a SA No.- 885/2014-

“ the Appellant 
has filed  the Second Appeal
memorandum  on 9.4.2014  alleging that 
the  information sought  from the 
PIO, O/0  the Chief District
Medical Officer, Balasore through his RTI Application  dated 15.11.2013 in spite of  filling 
of first appeal  petition  dated 16.12.2013”.   Does this sentence
carry any meaning at all?


(Prepared  by Pradip Pradhan,
M-9937843482,Date- 14.8.16)