Writ Petition filed in Odisha High Court for removal of Sri Jagadanand from the post of Odisha Information Commissioner
Dear friends
On 22.1.13, Sri Biswa Keshari Mohanty, Chandbali of Bhadrak district, Odisha has filed a writ petition in Odisha High Court challenging the failure of Mr. Jagadanand, Odisha Information Commissioner in redressing his Complaint against the concerned public authority as per provision of RTI Act and Governor, Odisha in enquiring into and taking appropriate action on his Complaint against the Orissa Information Commissioner. The Opposite Parties in this case are Secretary, Dept. of Information and Public Relations, Govt. of Odisha, Secretary, office of Governor, Odisha, Secretary, office of Odisha Information Commission, Sri Jagadanand, State Information Commissioner, Medical officer, Chandabali Community Health Centre, PIO, office of CHC, Chandabali etc.
On 22.3.2010, Sri Mohanty had submitted RTI Application to the PIO, office of CHC, Chandabali, Balasore district seeking information about details on the number of staff, their salary, vacancy position along with other queries. After receiving the application, the concerned PIO by his letter no. 193 dated 31.3.2010 asked him to go through the desired documents on 13 th April, 2010 at 11 a.m. onwards in the office. Accordingly, Sri Mohanty went to the office and searched for the PIO. Being failed to trace him out, he met the Medical officer and requested to allow him to go through the information. His request was turned down by Medical Officer. Then he made first appeal to the FAA and finding no response, second appeal was lodged in the office of the Information Commission.
The case was registered as Complaint Case No.2935/10. Sri Jagadanand took hearing of the case. However during the course of hearing, the PIO submitted that since the applicant had inspected the relevant records , the information on the matter cannot be furnished . Having heard both parties, Sri Jagadanand directed the PIO to ensure furnishing a full set of information expeditiously free of cost to the Petitioner within 10 days of receipt of the order and report compliance thereof. He further issued show cause notice to the PIO directing to appear along with a detail show cause memorandum and to explain as to why penalty under section 20(1) shall not be imposed.
After receiving the order, the PIO supplied the information to the Complainant and the case was again heard by the Commission on 16.4.2012 . During hearing it was observed that first appeal preferred by the complainant has neither been dealt nor disposed of by the first appellate authority so he directed the first appellate authority to explain as to why disciplinary action shall not be recommended against him for inaction and dereliction of duties . The Commission also issued show cause notice to Bhagaban Chandra Pati, PHEO-cum-Ex-PIO and Gouranga Chandra Jena, Surgery specialist-cum-First Appellate Authority to appear along with their respective show cause and explain as to why penalty shall not be imposed as per section 20(1) of the Act.
In the next hearing, Bhagaban Chandra Pati filed an affidavit to the extent that he was never designated as a public information officer at any point of time in the office of CHC. But the Commission without taking the above said facts in to consideration and without applying his judicial mind by his order dated 23.5.2012 illegally directed the present medical officer to pay a compensation of Rs 2000/- to the complainant and only cautioned the first appellate authority to be careful and not to repeat this act in future. He further directed the Commissioner-cum-Secretary, Healh & Family welfare Department to release comprehensive guideline to all public authorities for mandatory public disclosure under provisions of the Act.
Sri Mohanty, the petitioner has submitted that Sri Jagadanand, SIC without appreciation of the facts as well as provisions of the law illegally disposed of the case and also closed the same without imposing penalty on erring PIO s and the appellate authority. He also submitted a Complaint to Governor, Odisha under Section-17 of RTI Act praying for action against Sri Jagadanand on account of his failure to deliver justice to him and penalize the PIOs and the 1st Appellate authority. The Governor remained silence on it.
Sri Mohanty has prayed to the Hon'ble High Court to direct to recover the penalty from the erring officials and issue a writ in nature of Mandamus or any other suitable writ directing Governor to take appropriate legal action against Sri Jagadanand, SIC as per law and remove him from his office within a stipulated period.
Posted by
Pradip Pradhan
RTI Activist, Odisha
M-99378-43482
Date- 23.1.13
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