[HumJanenge] Fwd: Another Writ Petition filed in Odisha High Court for removal of Sri Jagadanand Mohanty, SIC on the ground of incapacity, for his lack of judicial mind

 Writ Petition filed in Odisha High Court  for  removal of Sri Jagadanand Mohanty, State Information Commission  on the ground of incapacity,  for his  lack of judicial mind  and  arbitrarily closing  the cases  without ensuring information to the complainant-citizen.

 

Dear friends

On 2.5.13, Sri Karunakar Behera, a petitioner of Mayurbhanj district have filed a writ petition W.P (C) No.  10207  /2013 in Odisha High Court  challenging  the decision of the decision of  Sri Jagadanand Mohanty, State Information Commissioner  who with malafide intention  disposed  and closed the case without  providing information on 4.1.13.  The Petitioner Sri Behera  has appealed the court  to    quash the order dated 04.01.2013   and has  prayed  for a direction to the PIO, office of CDMO, Mayurbhanj  to provide  the required information and   direct the Information Commission  to take action deemed proper against the concerned Public Information Officer  within a stipulated period .  The Petitioner has also prayed for removal of Mr. Jagadanand Mohanty from the post of Odisha Information on the ground of inefficiency and incapacity.

 

On 20.7.10, Sri Karunakar Behera  had  submitted RTI Application to the PIO, office of Chief District Medical Officer  seeking information about pensionary benefits of  Sri Prabir Ch. Mohapatra, retired  Health Inspector. It needs  to be mentioned here that  Sri Prabir Ch. Mohapatra though retired in 1997  is not  getting his  pension  since last 16 years  due to  corruption and malpractice  in the office of CDMO, Mayurbhanj  and callous attitude of the  officials. He has been harassed a lot. With a view  to give justice to  Sri Mohapatra, Karunakar Behera  had sought  this information.

 

 Finding no information Sri Behera  filed a complaint case before the state information commission requesting to redress his grievances. The said case was numbered as C.C No.1982 of 2010 and preliminary notice was issued to the opposite parties by the commission by memo No.850 dated 13.01.2011 directing him to submit the status report to the state commission within 15 days of the receipt of the letter and to send a copy of the report to the complainant.

 

The PIO, after receiving the notice from the state information commission by his letter No.616 dated 24.01.2011 supplied certain information which was received by the petitioner on 24.02.2011 which is after 203 days of application. But the information supplied  by the PIO  was vague, false and incorrect and not the information sought for .

 

Sri Behera  brought it to  the notice of the commission and the commission fixed the date to 27.10.2011 for hearing of the case but on the same day the information commissioner, Mr. Jagada nanda Mohanty without any just cause and reason adjourned the case although he was  present on that day.    Sri Behera made a complaint  to  the State Chief Information Commissioner  about  the  malafide intention of Sri Jagadanand for  adjourning  the case.

 

Then after one year, the case  was heard on 2.3.12 by Pramod Kumar Mohanty, another Information Commissioner  who directed  the  petitioner  to produce the discrepancy chart and  the PIO to supply the correct information. The PIO again supplied  the misleading information on 17.4.12.

 

Then, on 7.5.12,  this case was heard  by Sri Tarun Kanti Mishra, State Chief Information Commissioner  who directed  the PIO to supply all permissible information within 15 days and closed the case. The PIO was also directed to submit an affidavit to the commission stating that all the available and permissible information has been supplied to the complainant.

 

The PIO did not supply any information.  Sri Behera again filed the second appeal petition on the advice of Law Officer of the Commission. Sri Jagadanand Mohanty, SIC heard the case on 22.11. 12. The Commission directed  the PIO  to allow the complainant to make  inspection of documents. But  the PIO  did not  allow the  inspection.    Sri Behera, Complainant again approached  the  Commission.  On 4.1.13,  Sri Jagadanand  did not  hear the  case  and  abruptly  closed it without ensuring any information  and  imposing no  penalty  on PIO  for  violation of the RTI Act.

 

Now, Sri Behera approached the honorable  High Court to get  justice  so as to help     a retired employee   who is  running from pillar to post  to get  pension.

 

Regards

Pradip Pradhan

M-99378-43482

Date- 9.5.13

 

 

  

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