Governor of Odisha to Inquiry the appointment of 2 OICs

Memorandum submitted to Governor, Odisha Seeking High-level Enquiry into huge irregularities, corruption, malpractice
and favouritism noticed in appointment of Odisha Information Commissioners.

On
16.7.15,  Hon’ble Governor of Odisha  assured 
a four-member delegation  ( Pradip
Pradhan, Sudhir Mohanty, advocate, Sri Debesh Das, retired bureaucrat and Sri
Sanjay Panda, RTI Activist)  to
order  to the State  Government 
to  enquire  into 
allegation of  non-supply  of information  by the Department of Information and Public
Relation  about  the details of   procedure followed for selection and
appointment of  Information
Commissioners.

A Mass
Dharana was organised by RTI Activists  
under banner of  Odisha Soochana Adhikar Abhijan  (a State-level Forum spearheading campaign
for effective implementation of RTI Act in Odisha)
  demanding high-level enquiry into huge irregularities, malpractice,
favouritism made in the appointment  of
Odisha Information Commissioners  by
corrupt bureaucrats, disclosure  of 
all  information in public
domain  about  details of procedure  followed, 
criteria taken up for short-listing 
candidates, details of
applicants  and proceedings of the Selection Committee and
withdrawal of anti-people  Odisha RTI Rules,
2005.

After
declaration of the name of two useless candidates for the post of Information Commissioners on
16.5.15, the Civil Society Groups and RTI
Activists submitted memorandum to Governor, Odisha  on 18.5.15 appealing
him not to give appointment to
these people who have been
arbitrarily  selected  by the Govt. without following any
transparent procedure. After that series of RTI Applications were submitted to the PIO, Department of
Information and Public Relation 
to provide details of
procedure followed for
appointment of Information Commissioner
s.
 Though about two months have
passed, the PIO has not responded the
RTI Application.  It is clear that  the  PIO  with  malafide intention  and to keep secret the corruption and
irregularities involved  in
appointment  has  denied 
the information.

It needs  to be mentioned here that  on 30.4.15,  we the RTI Activists holding Dharana  at Raj Bhawan had submitted a memorandum to
His Excellency to direct the State Govt. to issue  detailed 
written  transparent
procedure  in respect  of 
appointment of the Commission, 
declare publicly  name of the  applicants, their  background, experience and expertise, details
of search Committee, inviting public view  
on   the  final list 
for the post of  Information
Commission prior to sending the name to the Governor of Odisha   for appointment etc.

Similarly, on
18.5.15,   a good number of representatives of Civil
Society Organisations and RTI Activists had   gathered
at Raj Bhawan and submitted a memorandum to His Excellency for q
uashing the arbitrary decision of the state
government for selection of two persons for appointment in the post of State
Information Commissioners by the Selection Committee headed by Chief Minister on
16.5.15 on the ground of
noncompliance of section 4(1) C of RTI Act and non-transparent procedure.





















 



 As per section 15 of the RTI Act, the
Information Commission is an independent adjudicating authority empowered to
hear, enquire and dispose the cases of violation of RTI Act,  impose penalty on erring PIO  and dispense justice to the
complainant-citizens. The Commission is also required to enforce transparency
and accountability in the administration. So, the appointment of the Commission
should be transparent and the people who are being appointed in the Commission
must be above suspicion. But it is matter of regret that the State Government
has maintained utmost secrecy in the appointment of the Information
Commissioners.

As per section
4(1) (c ) of the RTI Act, the concerned public authority is obligated to
disseminate show motto all relevant information relating to adoption of any
important policy or decision that effect public interest. As you might further
know the selection committee for the appointment to State Information
Commission being a public authority within the meaning of section 2 (h ) of RTI
Act ought to have disclosed show-moto the  
information relating to procedure of the selection of the Information
Commissioners  prior to taking such
decision.

It deserves  to be mentioned here that while adjudication
the Writ Petition No. 210/2012  and Review Petition No. 2309/2012, the
Supreme Court has given direction to both Central Govt. and State Govt.  that
 the Committees under Sections 12(3) and 15(3)
of the Act while making recommendations to the President or to the Governor, as
the case may be, for appointment of Chief Information Commissioner and
Information Commissioners must mention against the name of each candidate
recommended, the facts to indicate his eminence in public life, his knowledge
in the particular field and his experience in the particular field and these
facts must be accessible to the citizens as part of their right to information
under the Act after the appointment is made.”

It has been
decided in Dharana by RTI Activists 
to  block the office of the
Commission, if the information is not provided 
within 15 days  of the order of
the Governor, Odisha.

Pradip Pradhan, M-9937843482, Date- 17.06.15