A Report Card on Performance of Odisha Food Commission

Performance  of Odisha State
Food Commission – A Report Card

After a protracted fight of Activists
against the decision of State Govt. designating Odisha Information Commission
as State Food Commission citing 
inefficiency of Information Commissioners and pilling  of 
more 8000 cases for disposal and demanding its immediate withdrawal, the
State Govt. constituted  State Food
Commission under 16 of National Food Security 
Act  vide notification dated 15.3.16.  A 3-member Commission has  already  
completed  two years of its  functioning.
As per the Act, the commission has a
mandate to monitor and evaluate the implementation of the National Food Security
Act (NFSA) in the State and implementation of 
mostly  three  prominent food security schemes like Targeted
Public Distribution System, Integrated Child Development Services and Mid Day
Meal. Besides that the  Commission  has the power ———-
a. 
inspect or cause to be inspected, the non-compliance of policy
decisions of the Government relating to NFSA.
b. 
either suo motu or on receipt of complaint inquire into violations of
entitlement,
c. 
hear appeals against orders of the District Grievance Redressal
Officer; and
d.
give advice to the State Government, their agencies, autonomous bodies
as well as non-governmental organisations involved in delivery of relevant
services for the effective implementation of food and nutrition related
schemes, to enable individuals to fully access their entitlements specified in
this Act,
e. 
 organise regional camps to
build awareness about benefits and entitlements under the Act; and
f.  define measures for redressal
of grievances in three implementing departments i.e. FS&CW, W&CD and
S&ME.  
Keeping in view mandate of the Commission,
its  power and functions  under NFSA, 
A Review  exercise   about 
two years’ performance of State Food Commission  was exercised 
by  Right to Food Campaign, Odisha
(  a Civil Society
Forum spearheading  campaign  for realization of  food security for all and   fighting for elimination of hunger  in the state
 ) with the following objectives.
·
How the Commission has been successful to observe its mandate to enforce
the effective implementation of various provisions of the Act.
·
How the Commission has been successful to enforce   availability of entitlements at the
door-step of the beneficiaries.
·
How the Commission has been effective 
to provide justice  to the
victims.
 While assessing performance of the Commission
from the perspective of inquiry, hear and disposal of cases of violation of
NFSA and   rendering justice to the
beneficiaries deprived of their entitlements, the Team   has relied 
on  Information obtained  under RTI   supplied by the PIO of State Food Commission,
Bhubaneswar ( incomplete information was supplied  by the PIO for which First appeal has been
filed)
 
and the Annual Report of the Commission webhosted  in their website.
On 17.1.18. RTI Application was filed   by Sri Bhawani Nanda, retired Banker and RTI
Activist and Member of the Team  to the
PIO, office of State Food Commission 
seeking  the following information
from 2016 to 2018.
i. Provide
information about  details of number
of  cases of violation of provision of
NFSA  suo moto taken up by Commission as
per the following format
Case No
Subject matter
of case
Date of
registration of the case by the Commission
 Date of notice/ direction issued
Action taken
ii. Provide
information about no. of  complaint cases    filed 
in the Commission  as per the
following format
Complaint case
registered and date of registration
Subject matter
of  Complaint
Name of  complaint
Date of
notice/direction issued  and action
taken by the authority
iii. Provide
information about details of hearing of the cases  conducted  
by the Commission  as per the
following format
Date of hearing
Case No.
Subject matter
of  complaint
 Name of the persons present  in the hearing with members of the
Commission
Decision of the
Commission, if any with date.
iv. Provide
details of monitoring made  by
Chairman  and members of the Commission
as per the following format
Date
Places visited
Purpose
Name of members
of Commission
 Action taken by the Commission
2. Assessment of   Information supplied under RTI     
In response  to RTI Application, The PIO   supplied 
the information which were  found incomplete  is as follows.
i. Information about  details of number of  cases of
violation of provision of NFSA  suo motto taken up by Commission.
Case No
Subject matter of case
Date of registration of the
case by the Commission
 Date of notice/
direction issued
Action taken
01/FC(S)2016
Disruption of MDM in Pandaba
Patana U.P. School in Tangi Block of Khordha District
23.09.2016
21.11.2016
Penalty of Rs.5000/- imposed
on 9 persons on 10-1-2017
02/FC(S)2016
As many as 40 students of
Palikiri Nodal U.P. School, Bhagabanpur Panchayat of Dhamnagar Block fell ill
on 09.09.2016 after eating Mid Day Meal
31.10.16
3.11.16
Hearing fixed for 27-12-16.
Details of hearing and final decision not supplied
4/FC(S)2016
As many as 25 students of
Satyanarayan U.P. School, Kotkana GP – Tarjang, Block – Tirtol, Dist.
Jagatsinghpur fell ill on 07.11.16 after taking Mid Day Meal.
10.11.2016
17.11.2016
Hearing fixed for 27-12-16.
Details of hearing and final decision not supplied
05/FC(S)2016
As many as 34 students of
Arteswar U.P. School, Jagannathpur, Nahanga Panchayat of Derabis Block fell
ill on 16-11-2016 after eating Mid Day Meal.
22.11.16
1.12.16
Hearing fixed for 20-12-16.
Details of hearing and final decision not supplied
 (ii)               Information about
no. of  complaint cases    filed  in
the Commission.
Complaint
case registered and date of registration
Subject
matter of  complaint
 Name
of the Complainant 
Date
of notice/direction issued and action taken by the authority
03/OSFC/2016
As
many as 70 children have already died due to outbreak of Japanese
Encephalitis, Maladministration, collapse of health delivery service, food
insecurity in Malkangiri District.
Sri
Pradip Pradhan, Plot No.D-27, Maitree Vihar, PO – Rail Vihar, Bhubaneswar
Hearing fixed for 20-12-16.
Details of hearing and final decision not supplied
(iii)             Details of cases heard  by Chairman  and members of the
Commission
Date
of hearing
Case
No.
Subject
matter of complaint
Name
of the person present in the hearing with the Members of the Commission
Decision
of the the Commission if any with date
25.10.16,  5.11.16,  22.12.16
01/FC(S)/2016
Disruption
of MDM in Pandaba Patana U.P. School in Tangi Block of Khordha District
Shri
Niranjan Sahoo, I.A.S., (Collector, Khordha), Sri Gangadhar Sahoo, State
Nodal Officer (MDM), Sri Brundaban Satpathy, DEO, Khordha, Sri Maheswar
Sahoo, BEO, Tangi, Sri PurnaChandra Mishra CRCC, Tangi, Smt. Soubhagini Debi,
Headmistress, Pandabapatana U.P. School, Smt. Manjulata Dei, Assistant
Teacher, Pandaba Patana Primary School, Bijaya Kumar Kandi, President, SMC
Penalty of Rs.5000/- imposed
on 9 persons on 10-1-2017
06.12.2016
02/SFC
(S)-2016
As
many as 40 students of Palikiri Nodal U.P. School, Bhagabanpur Panchayat of
Dhamnagar Block fell ill on 09.09.2016 after eating Mid Day Meal
Sri
Gangadhar Sahoo, SNO (MDM), Sri Ranjan Kumar Giri, DEO, Sri Pabitra Mohan
Barik, BEO, Dhamanagar, Sri Niranjan Kar, ABEO(MDM), Dhamnagar, MD, Imran,
Headmaster Palikiri Nodal UP School, Sri Gouranga Das, Chairperson, SMC,
Palikiri Nodal UP School.
Hearing fixed for 27-12-16.
Details of hearing and final decision not supplied
25.10.2016,
8.12.2016
03/SFC
(S)2016
As
many as 70 children have already died due to outbreak of Japanese
Encephalitis, Maladministration, collapse of health delivery service, food
insecurity in Malkangiri District.
Dr.Parag
Harsh Gavil,IAS, PD,DRDA,Malkangiri, Sri Ramkrishna Ganda, P.A., ITDA,
Malkangiri, Smt. Prative Kusum Barik, DSWO, Malkangiri, Smt. Bidyutlata
Patra, CDPO, ICDS, Kalimela, Smt Annapurna Buruda, CDPO, ICDS, Korakunda, Sri
Biranchi Narayan Daran, BDO, Malkangiri
Hearing fixed for 20-12-16.
Details of hearing and final decision not supplied
Remarks  
A.   Within two years of its performance , the  Commission 
has    taken up  only 
four cases  suo moto  and 
one  complaint  case filed 
by Sri Pradip Pradhan for inquiry.
B.    The Commission
has heard only five cases and No information about whether   the case is disposed and final decision
announced except case no.
01/FC(S)/2016.  But disposal of complaint case
of Pradip Pradhan on Child Death in Malkangiri filed in 2016 is  still 
pending.
C.   The Commission miserably failed to supply the copy of the proceedings of
the hearing and order of the Commission. Astonishingly,  the judgement 
of one case
01/FC(S)/2016 is  found in the website of Commission.
D.   it is observed that in one of the
5 cases i.e. in case No. 01/FC(S)2016,  penalty of Rs.5000/- was imposed on 9
persons  including Smt. Ranjana Chopra, IAS, the then
Commissioner-cum-Secretary to Government, School & Mass Education
Department and Shri Niranjan Sahoo, IAS,  the then Collector, Khordha.
But  the information about whether
penalty  has been  collected 
from them   has not  been supplied  by the Commission.  
E.   The information about details of 
the visit of the Commission as part of their monitoring of  food security programme  has not 
been supplied  by the office of  Commission.
F.    While  analyzing  the Annual Report  of the Commission, it  was observed that the Commission has issued  a number of advisories, directions and  recommendations  to various 
departments  and district
administration for effective implementation of the Act  and also  in respect of 
disposal of cases of  complaint on
denial of ration card within stipulated time period, identification of  extreme poor eligible Household who have not
applied  for Ration  card due to their ignorance and provide them
ration card, installation of  dedicated
Toll free number in the Dept. to register complaints relating to PDS, SNP, MDM,
ICDS etc.,
G.   The Commission has also made review
and monitoring of execution of various orders in respect of implementation of
the Act at various level and also making field visit to different areas.
Member of Team 
of Right to Food Campaifn, Odisha
Pradip Pradhan, M-9937843482
Sri Bhawani Nanda
Sri Srikant Pakal
 Date- 14.3.18