Sashi Bindhani the useless and inefficient Information Commissioner in Odisha
Ms Sashi Prava Bindhani- Most useless and inefficient Information
Commissioner in Odisha- Why and How?
Commissioner in Odisha- Why and How?
· She lacks expertise
and knowledge in writing of proceeding of the case.
and knowledge in writing of proceeding of the case.
· The copy of the decision of the case
disposed by her is sent after 6 to seven months of date of disposal.
disposed by her is sent after 6 to seven months of date of disposal.
· It
is heard from a staff of the Commission
on the condition of anonymity that as she does not have knowledge to write the
proceedings, copy of the decision of the
cases could not be sent to the appellant or complainant at the earliest.
is heard from a staff of the Commission
on the condition of anonymity that as she does not have knowledge to write the
proceedings, copy of the decision of the
cases could not be sent to the appellant or complainant at the earliest.
· She is hardly aware about judicial decorum
of the country.
of the country.
As I recall, when the State Govt. declared
nomination of Ms. Sashi Prava Bindhani for the post of State
Information Commissioner in June
2015, many so-called NGOs and few Social
Activists got delighted and
congratulated Ms. Bindhani for her elevation to the said post addressing her as
Sashi Apa, Lago Raho. At the same time, RTI Activists of Odisha
had opposed the selection of both the Information Commissioners questioning the selection procedure devoid
of transparency and terming it as arbitrary. RTI Activists
have also raised doubt about efficiency of both these Information Commissioners to discharge their duties mostly hearing and
disposal of the cases, the primary function of the Information Commission.
nomination of Ms. Sashi Prava Bindhani for the post of State
Information Commissioner in June
2015, many so-called NGOs and few Social
Activists got delighted and
congratulated Ms. Bindhani for her elevation to the said post addressing her as
Sashi Apa, Lago Raho. At the same time, RTI Activists of Odisha
had opposed the selection of both the Information Commissioners questioning the selection procedure devoid
of transparency and terming it as arbitrary. RTI Activists
have also raised doubt about efficiency of both these Information Commissioners to discharge their duties mostly hearing and
disposal of the cases, the primary function of the Information Commission.
Her efficiency or inefficiency was tested and exposed within
very short period of time since her joining as Information Commissioner in June
2015. We have come across many cases to
prove her inefficiency as Information
Commissioner. But now, I herewith present one of the cases for
reference of the public to understand her inefficiency, bad performance and poor
knowledge about laws. Her substandard and careless writing of the proceeding of the cases disposed has never happened in any case ever disposed by any
Information Commissioner in Odisha.
very short period of time since her joining as Information Commissioner in June
2015. We have come across many cases to
prove her inefficiency as Information
Commissioner. But now, I herewith present one of the cases for
reference of the public to understand her inefficiency, bad performance and poor
knowledge about laws. Her substandard and careless writing of the proceeding of the cases disposed has never happened in any case ever disposed by any
Information Commissioner in Odisha.
I am enclosing herewith a copy of complaint
of said case addressed to Governor,
Odisha by Complainant-Information
Commissioner Sri Anuj Mohapatra of Balasore seeking immediate enquiry and
action against Sashi Prava Bindhani, State Information Commissioner under
section 17 of the RTI Act. My write up
has been derived from his complaint petition.
of said case addressed to Governor,
Odisha by Complainant-Information
Commissioner Sri Anuj Mohapatra of Balasore seeking immediate enquiry and
action against Sashi Prava Bindhani, State Information Commissioner under
section 17 of the RTI Act. My write up
has been derived from his complaint petition.
1.
That,
a so-called private Medial Practitioner Sri K.C. Das (proprietor of Shree Jagannath Ayurvedic
Clinic, Darada, Balasore regd no. 5583),
who is virtually a quack and practicing his quackery over the years, without
ever bothering over his un-licensed status, used to fraudulently masquerade him as an M.B.B.S.A. degree
holder ( in the style of Dr. K.C.Das ). In continuation of his years long
malpractice, he issued a fake Medical Certificate to a patient named Mr. Sarat
Ch. Mohapatra on 21.1.2012
That,
a so-called private Medial Practitioner Sri K.C. Das (proprietor of Shree Jagannath Ayurvedic
Clinic, Darada, Balasore regd no. 5583),
who is virtually a quack and practicing his quackery over the years, without
ever bothering over his un-licensed status, used to fraudulently masquerade him as an M.B.B.S.A. degree
holder ( in the style of Dr. K.C.Das ). In continuation of his years long
malpractice, he issued a fake Medical Certificate to a patient named Mr. Sarat
Ch. Mohapatra on 21.1.2012
2.
Having
come across such a concocted certificate, he lodged a complaint to the
Collector, Balasore on 6.5.13 with a copy of it duly forwarded to the Chief
District Medical Officer, Balasore for enquiry into the matter.
Having
come across such a concocted certificate, he lodged a complaint to the
Collector, Balasore on 6.5.13 with a copy of it duly forwarded to the Chief
District Medical Officer, Balasore for enquiry into the matter.
3.
For
about long six months he waited for the results of enquiry and Action Taken Report, if any,
against the alleged culprit who was responsible for issue of a fake Medicate
Certificate as mentioned above, but in vain.
Then he took recourse to filing an RTI Application dated 15.11.13 before
the PIO, office of CDMO, Balasore, requesting for disclosure of the Action Taken, if any, in respect of my complaint filed before the Collector,
Balasore. But having got no response from the said PIO, he made the First Appeal
before the First Appellate Authority-cum-CDMO, Balasore to direct the concerned PIO to provide the
information. Strangely though, the First Appellate Authority neither heard the
case nor disposed of the same.
For
about long six months he waited for the results of enquiry and Action Taken Report, if any,
against the alleged culprit who was responsible for issue of a fake Medicate
Certificate as mentioned above, but in vain.
Then he took recourse to filing an RTI Application dated 15.11.13 before
the PIO, office of CDMO, Balasore, requesting for disclosure of the Action Taken, if any, in respect of my complaint filed before the Collector,
Balasore. But having got no response from the said PIO, he made the First Appeal
before the First Appellate Authority-cum-CDMO, Balasore to direct the concerned PIO to provide the
information. Strangely though, the First Appellate Authority neither heard the
case nor disposed of the same.
4.
On
31.3.14, he filed second appeal to Odisha Information Commission to get the information with prayer for penalty under section 20 (1)
of the RTI Act.
On
31.3.14, he filed second appeal to Odisha Information Commission to get the information with prayer for penalty under section 20 (1)
of the RTI Act.
5. After a long lapse of one year and nine months, Mrs. Shashi
Prava Bindhani, State Information Commissioner heard the case registered as SA
No.- 885/2014 and disposed it on 21.12. 2015. However, the copy of the decision
of the Commission was sent to him after another long lapse of about 6 months i.e., on 18.6.16.
Prava Bindhani, State Information Commissioner heard the case registered as SA
No.- 885/2014 and disposed it on 21.12. 2015. However, the copy of the decision
of the Commission was sent to him after another long lapse of about 6 months i.e., on 18.6.16.
6. While going through the copy of the decision, he
found it a horribly mindless write-up in terms
of both language and content. It can be spoken of complete ignorance of the
Commissioner about the art of drafting a decision. The following sentence extracted from the
decision on the case ( Para-2) shall amply bear out apprehension of anybody about it. (copy of the Commissioner
attached here with for your ready reference)-
found it a horribly mindless write-up in terms
of both language and content. It can be spoken of complete ignorance of the
Commissioner about the art of drafting a decision. The following sentence extracted from the
decision on the case ( Para-2) shall amply bear out apprehension of anybody about it. (copy of the Commissioner
attached here with for your ready reference)-
“
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?
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?
7.In Para 3 of the said decision , she
has further mentioned, “ the Chief District Medical
Officer, Balasore in his written
memorandum has submitted that
the appellant had sought information regarding
allotment received and
expenditure incurred about Dengu at Baliapal CHC”. This is a typical case of superb mindlessness,
since the information he had sought
for was about the Action Taken on
his above mentioned complaint filed before the Collector and CDMO, Balasore, which was denied to him.
has further mentioned, “ the Chief District Medical
Officer, Balasore in his written
memorandum has submitted that
the appellant had sought information regarding
allotment received and
expenditure incurred about Dengu at Baliapal CHC”. This is a typical case of superb mindlessness,
since the information he had sought
for was about the Action Taken on
his above mentioned complaint filed before the Collector and CDMO, Balasore, which was denied to him.
8. The above decision signed by her proves her rank inefficiency and ignorance
not only about how to adjudge a case but how to put a decision in black and
white.
not only about how to adjudge a case but how to put a decision in black and
white.
9. So many months has elapsed since she delivered the
above mentioned decision which was absurd par excellence. Were she able to
diagnose her errors as typographical ones, having nothing to do her intent or
volition, she could have brought out a corrigendum to rectify the same and
intimated the appellant accordingly. But, nothing of the sort has come out in
the long aftermath of the mindless decision. By issuing such a
meaningless decision she has not only proved herself as a pitiable creature
affected with chronic imbecility, but also caused an infamous disgrace to a
quasi-judicial, statutory authority such as Odisha Information Commission.
above mentioned decision which was absurd par excellence. Were she able to
diagnose her errors as typographical ones, having nothing to do her intent or
volition, she could have brought out a corrigendum to rectify the same and
intimated the appellant accordingly. But, nothing of the sort has come out in
the long aftermath of the mindless decision. By issuing such a
meaningless decision she has not only proved herself as a pitiable creature
affected with chronic imbecility, but also caused an infamous disgrace to a
quasi-judicial, statutory authority such as Odisha Information Commission.
How the inefficiency and inaction of the Commission affects
the RTI Act and the Citizen at large?
the RTI Act and the Citizen at large?
The Mandate of
the RTI Act is to empower the people to
access the information held under the
control of the Public Authorities. As the
information is power, the
citizens file so many RTI Applications to different
Govt. offices to get the information
so that they will use it for their benefit. As per the findings of National
Study conducted by RAAG, 80% of the RTI Applicants had filed application to
address their grievances. RTI Act has
helped a lot to citizens to solve their problems. RTI Act has been extensively used by
Activists to expose corruption and irregularities in implementation of Govt.
programme. The Information Commission
has been constituted to hear
complaints/ appeals of the Information
seekers. If any delay is occurred in terms
of hearing or disposal of the
cases, the relevant
information, if supplied with
direction of the Commission will loose
its importance and may be irrelevant. The complaint/ second appeal cases are
heard by the Commission after around
two years of the date of filling of the case.
The Commission took another 5 to 8 months for disposal of the case. After disposal, the Commission takes another
6 months for sending the copy of the decision to the complainant/
appellant. The lingering of the hearing of the case and delay in sending the copy of the order has
brought standstill in the
implementation of RTI Act and
made the complainant hopeless.
The people like Sashi Bindhani is dangerous not only for RTI Act but for
the nation as a whole.
the RTI Act is to empower the people to
access the information held under the
control of the Public Authorities. As the
information is power, the
citizens file so many RTI Applications to different
Govt. offices to get the information
so that they will use it for their benefit. As per the findings of National
Study conducted by RAAG, 80% of the RTI Applicants had filed application to
address their grievances. RTI Act has
helped a lot to citizens to solve their problems. RTI Act has been extensively used by
Activists to expose corruption and irregularities in implementation of Govt.
programme. The Information Commission
has been constituted to hear
complaints/ appeals of the Information
seekers. If any delay is occurred in terms
of hearing or disposal of the
cases, the relevant
information, if supplied with
direction of the Commission will loose
its importance and may be irrelevant. The complaint/ second appeal cases are
heard by the Commission after around
two years of the date of filling of the case.
The Commission took another 5 to 8 months for disposal of the case. After disposal, the Commission takes another
6 months for sending the copy of the decision to the complainant/
appellant. The lingering of the hearing of the case and delay in sending the copy of the order has
brought standstill in the
implementation of RTI Act and
made the complainant hopeless.
The people like Sashi Bindhani is dangerous not only for RTI Act but for
the nation as a whole.
Pradip Pradhan
M-9937843482
Date- 26.07.2016