INFORMATION COMMISSION BHUBANESWAR

Present: Shri Jagadananda State Information Commissioner

Dated: 5th January, 2012

Complaint Case No.1279/2008, 270/2009 & 266/2009

1. Jogindra Patjoshi, Qrs. No.C/15 Jyoti Vihar, Burla – 768019,

2. Goutam Duria, At-Jaintapur PO-Parla, .

3. Raidhar Mohananda, At-Kashibahal, PO-Dharmagarh, Kalahandi district...... Complainants

Vrs.

Public Information Officer, Office of the Panchayat Samiti, Dharamgarh, Kalahandi district...... Opposite Party

Decision

1. Complainants, Jogindra Patjoshi, Goutam Duria and Raidhar Mohanda are absent on call. The same is condoned under Rule 9 (2) of the Odisha Information Commission (Appeal Procedure) Rules, 2006. Biranchi Narayan Rout, FEO-cum- PIO, office of the Block Development Officer, Dharamgarh Kalahandi District is present. Heard. Perused the case record. These cases arise out of the Complaint Petitions dated 20.08.08, 22.10.08 and 09.03.2009 respectively.

2. As the above cases relate to the same Public Authority involving self-same and overlapping issues, the same are clubbed and taken together for analogous hearing for the convenience of the parties and shall be governed by this common order to avoid multiple litigations.

3. Record reveals that the Complainants had filed multiple RTI applications dated 27.05.08, 25.04.08 and 25.05.08 in Form ‘A’ with the PIO, office of the Block Development Officer, Dharamgarh, Kalahandi district under Section 6 (1) of the RTI Act, 2005 (Act for short) seeking information relating to the construction of the Panchayat High School Building in Village Chilipa out of the MPLAD fund and on allotment of a house under IAY to one Sulakhi Bewa of Kasibahal on as many as 15 items, the details of which are available in the said Forms respectively.

4. The PIO submitted that assistance under Section 5 (4) of the Act was sought from Surendra Kumar Majhi, ex-Senior Clerk, Development Section to provide the information in connection with the RTI application filed by Jogindra Patjoshi vide letter No.1539 dated 29.05.08. Due to non-receipt of the information from the referred PIO, the information could not be furnished to the Complainant. The PIO had also brought to the attention of the Commission the tact that the building constructed in Chilipa village out of the MPLAD Fund has not been completed but abandoned midway.

5. In view of the facts, in its order dated 12.09.11, A.D.M., Kalahandi was appointed as an Authorised Officer of the Commission under Rule 7 (1) (c) of the Odisha Information Commission (Appeal Procedure) Rules, 2006 to conduct enquiry into the matter, ensure furnishing the information and to identify the official(s), if any, responsible to have caused delay and furnish report thereof.

6. From a perusal of the report of the Authorised Officer, it transpires that on compliance by the referred-PIO after lapse of one year, the required information has been furnished to the Complainant vide letter No.2032 dated 22.09.11. While Surendra Kumar Majhi, ex-Senior Clerk, Development Section, presently posted in Panchayat Samiti, Kalahhandi district was held prima facie responsible to have caused delay in this case, the A.D.M.-cum-Authorised Officer, Kalahandi had cautioned both the PIO as well as the Block Development Officer for lax in proper supervision and monitoring in furnishing the information within the timeline.

7. As regards the RTI requests of Raidhar Mohananda and Goutam Duria, assistance under Section 5 (4) of the Act was sought from Surendra Kumar Majhi, ex-Senior Clerk, Development Section, presently posted in Thuamul Rampur Panchayat Samiti, Kalahhandi district and Trilochan Nayak, GPEO to provide the information vide Memo No.1354 (2) dated 29.04.08 followed by reminders on 29.05.08 and 19.05.09 but to no response.

8. As observed, while the requisite information was furnished to the above said Complainants vide letter No.1766 dated 21.08.11 and No.1765 of even date, belatedly following the intervention of the Commission, Surendra Kumar Majhi, ex-Senior Clerk, Development Section, presently posted in Thuamul Rampur Panchayat Samiti, Kalahhandi district was prima facie responsible to have caused delay in this case.

9. While confirming to have received the information, Complainant Jogindra Patajoshi has raised certain grievances related to the construction of the school building in question. Being satisfied with the fact that available information held on record has been furnished to the Complainant, the PIO is directed to enable inspection opportunity to the documents / records to meet the complete information need of the Complainant.

10. Evidently, Surendra Kumar Majhi, ex-Senior Clerk, Development Section, presently posted in Thuamul Rampur Panchayat Samiti, Kalahhandi district found being responsible for causing delay in all these cases, notice under Section 20 (1) was issued to him to appear and explain his bona fides, if any. He had preferred to remain absent, despite notice.

11. The delinquent official, Surendra Kumar Majhi, ex-Senior Clerk, Development Section, presently posted in Thuamul Rampur Panchayat Samiti, Kalahhandi district is observed to have already been penalized under Section 20 (1) of the Act in 5 (six) different cases arising at the same time to the tune of `1,17,250 (Rupees one lakh seventeen thousand two hundred fifty) and disciplinary action has also been recommended against him under Section 20 (2) of the Act by the Commission.

12. The Commission is inclined to record that further penalty, if imposed on the official for the delinquency would be rather a hard decision in view of the fact that disciplinary action had reportedly been initiated against him as per the recommendation of the Commission.

13. The Collector & District Magistrate, Kalahandi is directed to submit a report as to the status of the disciplinary action initiated against the official within 30 (thirty) days from the date of receipt of this order through the Registrar of the Commission.

14. With the observation supra, all these cases are disposed of and closed.

Pronounced in open proceedings

Given under the hand and seal of the State Commission, this the 5th day of January, 2012. Sd/-

State Information Commissioner