Success Case Study on RTI

Case Study
RTI- An Instrument
empowering Common people to fight out corruption at grass-root level

Apprehending corruption and
irregularities in development projects undertaken in Marthapur Gram Panchayat
of Balipatna Block under Khurda district of Odisha,   a group of people submitted complaint to   District Collector, Khurda in his Grievance Cell
on 24th August 2015 and BDO, Balipatna Block demanding an enquiry into
it. Following order of the Collector and subsequent request of BDO, Balipatna,
the District Panchayat Officer, Khorda wrote a letter No. dt. 603/GP, dated
7.9.15  to  the Sub-Collector, Bhubaneswar  to 
depute  Sub-Divisional Panchayat
Officer to  conduct an enquiry  of Marthapur Gram Panchayat to detect  details of 
funds misappropriated  by  the personnel and furnish   a Report.
In the meantime,  series of 
RTI Applications were submitted by Pandab Pradhan, Manoj Swain,
grass-root RTI Activists  associated with
Odisha Soochana
adhikar Abhijan ( a state-level forum of Activists sprearheading campaign
for  effective  implementation of RTI Act in Odisha  )
 to the PIO, office of Marthapur Gram
Panchayat, BDO, Balipatna to  get the
information about  the following  works undertaken, project sanctioned, fund
utilized with copy of  bill and vouchures   under 
different schemes like  fund
sanctioned under State Finance Commission, 
Twelfth Finance Commission, Gopabandhu Gramin Yojana, GP Fund etc. from
2013-14 to 2015-16 .
i.      Talapadia
Harijan Sahi Drain & CC Road
ii.    Construction  of Cement Concrete  Road 
at Badakuda Thakurani Pitha & Construction of Giri Gobardhan Pitha
iii.   Cement
Concrete Road from house of Antaryami Pradhan to Bharat Pradhan House.
iv.  Cement
Concrete Road  from  house of Laxmidhar  Pradhan to 
Gangadhar Pradhan House
v.    Renovation
of Gram Panchayat Office.
 
It was assessed by the
villagers that   the entire sanctioned amount
around Rs. 30 lakhs has been   misappropriated by Panchayat executive
Officer, Sarapanch and Contractors by making false Bill and vouchures.
However, though the information
was provided by the concerned PIOs, it was found incomplete and RTI Application
was also not responded in the absence of records.   It was highlighted in media exposing huge
corruption in Gram Panchayat which drew the attention of the authorities.
As per request of District
Panchayat Officer, the SDPO conducted enquiry investing all the records and
documents , making spot inspection  of
all the works shown in file as completed   with cooperation of the  villagers 
in October and November,2015 and 
produced the report 0n 24.12.16. with following note of observation and
recommendation.
1.    The
amount of  Rs. 43,000.00  and Rs. 23,000.00  withdrawn 
on 6.1.2015  and 19.1.2015  from SFC 
account  has been expended  in beautification  of GP 
and purchase of furniture  without
any estimate, administrative approval, 
technical sanction. Both Sarapanch and Ex-PEO are jointly responsible
for it.
2.     The 
amount of  Rs. 28,000.00  withdrawn 
on 14.11.14  from TFC  account 
for payment of honourarium  of
Sarapanch  and Naib Sarapanch & S.A.,
D.A. of members  of GP. But no payment is
done and the amount has been misappropriated.
3.    The
amount of Rs. 2, 75,154.00 has been illegally withdrawn from TFC account
without any estimate, bill, measurement/ check measurement by any technical
person. No administrative approval has been taken for the above three mentioned
projects The projects have not been approved in the GP meeting.  The Sarapanch and Ex-PEO are jointly responsible
for such illegal withdrawal of money.
Recommendation for Action
1.       Necessary
disciplinary action may be taken against the Ex-PEO Sri Trilochan Nayak for his
carelessness, negligence in Government duty and financial irregularities.
2.        Necessary disciplinary action also may be
taken against the Sarapanch Smt. 
Sandhyarani Pradhan for her negligence 
in duty, misappropriation of 
Government money, financial irregularities  and without following guideline, non-discharge
of the duty properly as provided  under
section 115 of O.G.P. Act, 1964.
Though the
Report was produced to the Collector, no action was taken against the
delinquent officials.  On 21.1.12016, RTI
Application was  submitted  to the PIO, Office of Collector, Khurda  seeking copy of the  Enquiry report  and 
Action taken  against the  officials 
involved  in  misappropriation of report. On 27.2.16, the
PIO   supplied the copy of the enquiry
report  along with  a statement 
that  “no  action 
has been taken  against the
delinquent regarding  irregularities  committed 
in  the Gram Panchayat till yet”.
After  obtaining the information,  it was exposed  in media 
highlighting  the content of the
report  and Govt.’s dillydallying  to 
take action against  the  delinquents.  
Then the villagers staged Dharana in front of Balipatna Block office
demanding immediate action against Sarapanch and Panchayat Extension officer
and recovery of the money.  A delegation
of RTI Activists and villagers also met  
Commissioner-cum Secretary, Dept. of Panchayat Raj demanding action
against them as per enquiry report.  This
fight   took three months to yield the
result.
Being  pressurized 
by the  people  armed 
with RTI  information,  the 
district  administration  suspended 
Sri Trilochan Nayak, Ex-PEO  and
issued  show cause  notice 
for  disciplinary  action. On 7.7.16, the Department of
Panchayat Raj issued order dt. 7.6.16 under sub-section (2) of section-115 of
Odisha Gram Panchayat Act, 1965 to place Smt. Sandhyarani pradhan,
Sarapanch  of Marthapur GP  under suspension. 
Though the
people got small victory after a long fight with the administration, the
problem has not been solved. The money misappropriated has not been recovered
from them till yet.  No disciplinary
action has been taken against them.
Case Study
Prepared by
Pradip Pradhan
State Convener, Odisha Soochana Adhikar
Abhijan

M-9937843482