Wednesday, June 5, 2013

[HumJanenge] Fwd: DEFAMATION CASE (I.C.C No. 3441 of 2013) AGAINST SRI JAGADANAND, ODISHA INFORMATION COMMISSIONER FILED IN SDJM COURT, BHUBANESWAR BY SMT. RAJALAXMI DAS, WIFE OF JAYANTA KUMAR DAS, RTI-COMPLAINANT

 

DEFAMATION CASE  (I.C.C No. 3441 of 2013) AGAINST SRI JAGADANAND,  ODISHA INFORMATION COMMISSIONER  FILED   IN SDJM COURT, BHUBANESWAR  BY SMT. RAJALAXMI DAS, WIFE OF JAYANTA KUMAR DAS, RTI-COMPLAINANT

 

Dear friends

On dated 04.6.2013,  Smt.  Rajalaxmi Das, my wife  has  filed  a Defamation Case  against Sri Jagadanand (Mohanty), State Information Commissioner in Sub-Divisional Judicial Magistrate, Bhubaneswar, capital of Odisha  with  prayer  to punish  him(Under Section 499 and 500 I.P.C)  for  using  derogatory and defamatory  languages  in  his decision          (Second  Appeal case No.- 439/2011 dated 09th Feb 2012).  In her petition, Smt. Rajalaxmi Das  has mentioned that  Sri Jagadanand (Mohanty), SIC  has illegally  and  without any relevance  reflected  the  version of PIO in the order  that  her  husband(me) is involved in fraudulent land deal with many persons and was arrested in criminal case. This decision of Sri Jagadanand (Mohanty)  is  illegal, perverse and non-application of judicial mind. Because without hearing the case from Appellant Sri  Jayanta Kumar Das, Sri Jagadanand (Mohanty)recorded the statement  of the erring PIO and the same  was also reflected  on the order sheet which does not come within the domain of the commission. Sri Jagadanand (Mohanty) has  passed the order  with an oblique motive  to malign  the image  of her  husband.

 

On  1.8.2011, I had filed an RTI Application to  the PIO, office of Health and Family Welfare , Govt. of Odisha seeking  information about copy of property statement of Dr. Sanat Mohapatra.  On refusal,  I approached the First Appellate Authority who dropped  the case without hearing because I (the appellant) was not present during hearing. Then I filed second appeal  S.A. No. 439/2011 before the Odisha Information Commission. Sri Jagadanand (Mohanty) did two

blunder mistakes during hearing:-

 

i)    Mistake No.1 heard the case on 09.2.2012  and  remanded the case again to the First Appellate Authority  without ensuring  information and without penalizing the Public Information Officer of Health & Family Welfare department as per Section 20 of RTI Act 2005 for not providing information to me.

 

ii)  Mistake No.2  Sri Jagadanand (Mohanty),  in his decision  mentioned  the  objectionable  version  of the PIO  which has damaged my social dignity.

 

This  is one of many cases  where Sri Jagadanand (Mohanty)always reflected berry acrimonious attitude to the information- seekers, RTI-Complainants  during hearing  in the court room. This case  will be heard very soon.

 

THANKS

SRI JAYANTA KUMAR DAS, SIDHAMAHABIR PATANA, PURI,9861770749(M)

 

 

 

Documents in Attachment for reference:-

1.  RTI Application dt. 01st Aug 2011 (Waiting for  information since 675 days!!!),

 

 

2.  Decision of First Appellate authority (Case was dropped as I was Absent during hearing!!!),

 

 

3.  Decision of OIC Sri Jagadananda, Second Appeal No. 439/2011(in which he has used defamatory  languages to defame the Appellant knowingly instead of Penalizing the PIO!!!),

 

4.  My Letter dated 11.2.2012 to OIC Sri Jagadananda,

 

 

5.   My Letter dated 19.5.2012 to OIC Sri Jagadananda (asking about the defamatory language used by him in his decision),

 

 



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