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Saturday, February 8, 2014

Request to Eradicate the Fault in the Judgement

To
The Hon’ble Commisioner;
 Odisha Information Commission;
Toshali Plaza,Bhubaneswar; Odisha.
(Sub- Entreaty to Direct The First Appellate Authority to Execute the Order)
Sir,
     Submissively, I bow before  the erudite personality  you bear and very earnestly make an emotional request to cast off my private suffering.
    That, the Hon’ble Commission clearly knows that in most of the cases, the PIO’s are subordinate employees  of their organisations and the First Appellate Authorities happen to be the heads of the same. Apart from the cases, where the PIO’s without any obstruction yield up the official information to the Appellants, there are a lot of hindrances in the other—especially  the compulsions are created  by the head of the organisations to debar them from disclosing  the facts. This impedes the legal process and the PIO’s get punished and the real culprits remain in the shadow.
     Esteemed Sir! I do not know what jurisprudence says but feel a prick of the conscience to say; where the “Appeal for Information” leads to be an “imbroglio” the First Appellate Authority   and head happens to be one person and a party to the complain/Appeal/Second Appeal[i]; he should either be punished or directly directed to execute the “decision” of the OIC. As in my case; as the PIO (viz. SA 164 /2013) I oblige the principal and executing his verbal order  I suffer and thrusting the onus on my shoulder he escapes.
     Sir; the Appelant; Mr. Pratap Kumar Jena; At- Rekutia P.O- Kochianandi Via- Kushaleswar Dist- Keonjhar applied for some information  on 03-10-2012 and even though Mr Sudhakar Jena ; Lect.  in Math.  was the PIO  then and was too trained for the same by the government of Odisha; I do not know why the day before the penultimate day of giving him the information the Principal appointed me as the PIO on 01-11-2012--the 30 days time period allotted by the RTI to supply the required information was to expire on 3-11-2012--  and handed over his RTI application on the next day to supply him the same as per his dictation. Mr Sudhkar Jena was still there continuing as a lecturer. However, I didn’t find sufficient time to go through everything and maintain all paraphernalia. As a subordinate staff I found no other way but obliged him.
     However, the appellant went to the Hon’ble OIC and your generous self has given the decision as laid down in the Letter No 380 dt 06-01-2014 of the Asst Law officer with reference to the SA164/2013.
     Feeling all such extraneous compulsions and the fear of retarding  the legal process; I resigned as PIO  on 12-01-2014 and just after getting Commissioner’s decision from the Postman I handed over the same to the Principal on 16 -11-2014. On 25-01-2014, I again warned the esteemed principal through an Email to take necessary steps for its execution. He verbally assured me to cooperate properly and to accept the resignation just after the completion of the process.
     Accordingly letters were despatched to different sections to keep the records ready for the exposure and submission to the Appellant on 03-02-2014. The Appellant too was requested to come to  the office on the appointed day.
     After reading the decision of the Hon’ble Commission thoroughly, a select committee under the Chairmanship of the Principal decided to allow him to inspect the document alone. My letter to Mr Pratap Kumar Jena ( Letter No 50-RTI-2014) bears the language of the committee.
     However, at 12.25 PM on 03-02-2014 Mr Pratap Kumar Jena arrived in the College office with an Advocate and wanted to inspect the documents jointly. I did seek for the permission of the First Appellate Authority and Principal verbally and he instantly allowed me to allow them. They were allowed then.
      The process of inspection was running smoothly but after 20 minutes; the Hon’ble  Principal ordered me not to allow the advocate but to the allow the Appellant only. I politely obliged the Hon’ble Principal but with feeble grumbling against his inconsistency. However I requested him to give it in writing and he did it too. The development later has been conveyed to you in the Letter No 70-RTI-2014 dt 03-02-2014 through Email followed by speed post.
    I cannot stand with all these extraneous pressure and the traumatic pain caused in the circumstance. Hope your generous self would accede to the Second Para of this application and oblige.  

Yours faithfully

Golaka behari Acharya
Lecturer in English;
KA Mahavidyalay;
Rekutia, Kochianandi,
Keonjhar,Odisha  








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