WRIT PETITION FILED IN ODISHA HIGH COURT FOR WITHDRAWAL OF DEROGATORY AND DEFAMATORY LANGUAGE USED IN THE DECISION OF THE CASE WRITTEN BY SRI JAGADANAND, ODISHA INFORMATION COMMISSIONER.
Sri Jagadnand has committed two mistakes i.e., (a)closed the case without ensuring information and (b)reflected derogatory and perverse remarks of the PIO against the complainant in his decision which is illegal and against judicial decorum.
Dear friends
On dated 30.5.13, I had filed a writ petition in odisha High Court seeking direction to Sri Jagadanand, State Information Commissioner to expunge the derogatory and defamatory remarks used in the decision against me and to remove the judgment from their official website and further direct the Commission to provide accurate information as sought for free of cost and also to pay the requisite compensation to me.
That, while deciding a Second Appeal case No. 439/2011 on 9.2.2012, Sri Jagadanand remanded the case to the First Appellate Authority, Dept. of Health and Family Welfare, Govt. of Odisha and wrote the objectionable and illegal remarks of the PIO (the petitioner is involved in fraudulent land deal with many persons including Sanat Mohapatra and was arrested in a Criminal case). This sentence is illegal, perverse and non-application of judicial mind. I have also alleged in my petition that Sri Jagadanand, SIC lacks minimum knowledge about RTI Act. Without hearing from the petitioner, how Sri Jagadanand recorded the statement of the PIO and reflected on the order sheet which does not come within the domain of the Commission.
In my petition, I have pointed out that due to the illegal and malafide action of the opposite parties , the petitioner is deprived of getting the information sought for by me and also derogatory and defamatory remarks recorded by Sri Jagadanand has maligned my image and the image of my family in Odisha as well as my friends outside of Odisha as a result of which I have been highly prejudiced .
The case is that on 1.8.2011, I had submitted RTI Application to the PIO, office of Health and Family Welfare, Govt. of Odisha seeking information relating to moveable and immoveable property details of Sanat Kumar Mohapatra who was serving as an assistant surgeon in police hospital, Puri and his family members. The PIO rejected RTI Application on the ground of section 8(1)(j) of the RTI Act. Being aggrieved by the decision of the PIO, I made first appeal before the first appellate authority , who illegally dismissed the appeal on the ground that the appellant is found absent and did not request for further date. Then, I made the second appeal to the Commission. On 9.2.12, Sri Jagadanad, SIC heard the case and without directing the PIO to provide the information again remanded to the First appellate Authority for disposal who had earlier rejected the first appeal.
This is a strategy of Sri Jagadanand to protect the corrupt officials and defy the RTI Act. It needs to be mentioned here that many Information Commissioners across India( Decision No.CIC /SG/A /2009/ 002343/ 5489), Madras High Courts(V.Madhav vs The Tamil Nadu Information ... on 12 July, 2011), Punjab & Haryana High Court(Civil Writ Petition No.15964 of 2010, Date of Decision:06.01.2011) and Supreme Courts have already given judgments about disclosure of property statement of officers coming under perview of RTI Act.
Jayanta Kumar Das
Complainant and Petitioner
M- 98617-70749
Date- 3.6.13
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