Manoj Das keeping mum even after exposure makes the matter murkier

Posted on June 17, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak

Eminent journalist Prasanta Patnaik has, in his column in Sanchar, exposed such a thread in the matter of economic offenses committed by Prasant Das and his Seashore group of companies that every Oriya who prides in his/her language, writers and scribes, feels ashamed.

Patnaik has exposed how a self-help group of writers and scribes have collectively enhanced credibility of the swindler by accepting big sums of money as their salaries and awards under the banner of a body of letters style Seashore Sahitya Academy that the crook had floated to build up his image of benevolence in the public.

And, he has named the literary acrobats who have contributed to promotion of climate the Seashore group wanted to lure the depositors.

He has named author and orator of international repute Manoj Das, known in Orissa as an ascetic of Pondicherry; and superannuated IAS officer, Rajendra Kishore Panda, known in Orissa as a progressive poet.

He has exposed how the swindler had contrived a method to fetch fame through these men. And, how, under the presidentship of Panda and approval of Das, literary lightweights like college teachers Malabika Roy and Bipin Bihari Nayak and a veterinary doctor Duryodhan Das were teamed up in this dubious body that netted in, in course of time, opinion makers like Journalists Barendrakrushna Dhal, Srimay Kar and Sriram Das to pump in credibility to the censorable outfit by accepting its awards.

When Panda as president of this Academy, allegedly functioned without receiving any money for the service he rendered, Malabika, Bipin and Duryodhan received Rs.60,000 each as monthly salary as its vice-presidents, where as another teacher Narayan Panda also bagged the same amount as Secretary of the said Academy, Patnaik has claimed.

Das accepted a monthly package of a lakh of rupees to act as advisor, he has noted, while questioning his prudence in being associated with such a bubious body against salary of such a stupendous amount.

By active contributing to creation of misleading fame of a crook, who, on the strength of such manufactured fame, has swindled about 500 crores of rupees from the deposits of the lured people, the self-help group of authors and scribes, as named above, has played the nastiest possible mischief against the society, Patnaik has alleged.

Manoj Das and his team in the so-called Academy are making the matter murkier by their surprising silence.

The climate of swindling, cheating, fake fames, and hypocrisy that Naveen Patnaik’s deceptive rule for more than a decade has created, has, it seems, made our men of letters and societal conscience keeper such scraps that they have no courage to stand erect against luring currents.

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IAS is not Infuser of Anarchy into Service; Chancellor of UCC should review Asok Tripathy’s activities as its VC-in-charge

Posted on June 8, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak

It is wrong to read IAS as Infuser of Anarchy into Service. But Mr. Asok Kumar Tripathy IAS has made many read it thus, specifically in the context of what he has done in the Utkal University of Culture (UCC).

He is the Secretary of culture department of the Government of Orissa. And culture department is the administrative department of UCC.

As the Secretary of the administrative department, he knew that the Vice-Chancellor of the University was to retire on February 16, 2013. But he did not take necessary steps to ensure that a new VC was selected and appointed to take over the charges from the outgoing VC. This was probably because, he had a secret agenda to execute after the VC retires. The University Registrar, who could have stressed upon the necessity of selection and appointment of a new VC, was given the impression that the 9th VC was under active consideration for extension and in the process the Culture Minister was also used. But the file generated to emit this impression was to get gone through the stymie in the form of another IAS officer in the system of the Governor-cum-Chancellor, which it failed to pass. resultantly, the 9th VC had to relinquish office to create the vacancy for Tripathy to step in.

Blatant disregard to ethics and prudence

In this method, after the 9th VC retired, Tripathy grabbed the position of VC the next day, i.e. on February 17, 2013, though administratively it was entirely improper and imprudent.

It needs be said that the Secretary, under the Rules of Business, being the chief executive of the department assigned to him, should never want or accept any post in an institute under the administrative control of his department, because thereby any illegality or impropriety committed by him in the said institute shall have no possibility of higher executive intervention in the department howsoever calling be that in the concerned moment and the wrongs perpetrated shall continue to get the support of the State.

As the Secretary of the department and so its executive head, Tripathy should not, therefore, have wanted or allowed himself to accept the assignment as VC of the University.

But in blatant disregard to ethics and prudence, he occupied the VC chair. And went ahead to execute a design that has ruined the academic environment of the University.

What has he done?

Colorable exercise of administrative power

He has dismissed from service all the “qualified” teachers, who were serving the University since six years in all of the 15 post-graduate departments of UCC and besides teaching, were doing all the extra-classroom duties, such as preparing the courses of study, setting question papers, conducting examinations, evaluating answer papers, manning the examination squads and finalizing the results. Because of them the University has earned credibility by launching six batches of Masters in Music. Tripathy has dismissed them all under colorable exercise of administrative power.

According to University Notification No. 1533 of July 26, 2007, all these post-graduate teachers were selected for the vacancies then existing in the University through a competent “Selection Committee” appointed for the purpose, as they were found “qualified” to fill up the vacant faculty positions.

But instead of appointing them as regular teachers they were declared “Guest Lecturers for teaching and accompaniment in different branches of M.Music” with remunerations fixed per class. They all were assured on every relevant occasions that once the financial instability inherently affecting the University was over, their services shall be regularized and they continued to hold the posts created in 2007. The 9th VC had stressed upon their regularization; because they were “qualified” persons “selected” on the basis of “interview” conducted by a duly appointed and legally competent “Selection Committee” of the University in 2007, and had taken positive steps in this regard.

Tripathy has destroyed this position by “disengaging” all of them through mischief of a built up plea.

BoM a tamed team

The University has no senate, no syndicate. It is a government institute controlled by the Secretary of the Culture department. To give it an attire of autonomy, the Secretary has a tamed team branded as the Board of Management (BoM) that comprises Sarat Pujari of Sangit Natak Academy, Satakadi Hota of Orissa Sahitya Academy, Siba Panigrahi of Lalit Kala Academy, Tamasarani Das Mohapatra of Utkal Sangeet Mahavidyalaya, Baladev Prasad Maharatha of B.K. College of Fine Arts, Prasant Das of Khallikot Govt. College of Arts, Ramahari Das of Odissi Research Centre who are indebted to the Secretary for their respective postings. None of these fellows has the courage to say no to what the departmental Secretary wants. In fact, some of them, who, in personal level are my friends, have confided in me that they had to sign on dotted lines the resolution dated 08,04,2013 where it was written that the “guest” lecturers would be disengaged from 10.5.2013. And citing this resolution Tripathy promulgated the “disengagement” order on 15.5.2013.

Office order cannot nullify Notification

It is to be noted that the lectures had entered into the University system by a “Notification” bearing No.1533, which was issued on 26.7.2007 with the unambiguous declaration that all of them were “qualified” for the posts they were to fill up, notwithstanding the designation offered to them.

But all of them have been “disengaged” by an “Office Order” issued on 15.5.2013.

The lecturers, notwithstanding their designation, having entered into the University system by a “Notification” cannot be dismissed by an “Office Order”; because “Office Order” is not the same as “Notification”.

Disengagement is not legal

On the other hand, the so-called “Office Order” which has “disengaged them with effect from 15.05.2013 for the first time after their entry into the University’s faculty system, makes it absolutely clear that till “disengaged”, all of them were “engaged” in their respective jobs which they had joined under the “Notification” of 26.7.2013, notwithstanding the wrongful designation and remuneration they were subjected to.

By virtue of their engagement for six years, as admitted in the above-noted “Office Order”, they had acquired a job status that cannot be dismantled so arbitrarily by a scheming Secretary behind them and in total denial of natural justice to them, and for no fault of theirs, specifically when the same Secretary had the knowledge that after only a few days he would be shunted out of the University when the new VC was to take over.

Keeping these “qualified” lecturers recruited by the “Selection Committee” lawfully constituted by the University for selection of “qualified” persons on the basis of interview against existing vacancies “engaged in their jobs” for six years under a mischievous nomenclature like “guest Lecturers” was blatantly illegal and can be cited as a classic instance of unfair labor practice resorted to by a government institute of higher education in culture like the UCC.

Nasty administration

Chief Minister Naveen Patnaik should feel ashamed of what a nasty and exploitive administration he has given to the State where brilliant and “qualified” experts in performing arts have been kept underfed and insecure like bonded labors in the University of Culture by his Mandarines like Tripathy for all these six years to be thrown into the dustbin in furtherance of a design.

The new Governor of the State, who, by virtue of being the Governor, is the University’s Chancellor, should also feel ashamed of his predecessor’s total failure in the realm of UCC where all the teachers, who were found “qualified” by the “selection Committee” and who, on joining the University system, have kept the University alive by producing six batches of Masters in Music, were denied job-security ever since their entry into the University system and had been kept underfed like bonded labors for six years. He should genuinely disapprove that after he has taken over, the same teachers have been “disengaged” for no fault of theirs, but because the Secretary of the controlling department had a secret design to execute.

Culture is so Uncultured!

The “disengagement” of the founding teachers in performing art disciplines like Vocal music, Dance, Instrumental music, and Drama, besides being entirely illegal, is a dastardly uncultured crime against human rights that an institute like the University of Culture was never expected to commit. This is sheer anarchy.

This anarchy has been infused into the system of the University by Tripathy.

The plea that the founding teachers of the University were mere “guest lecturers” whom the board of management resolved to disengage is blatantly fallacious.

The legal aspect has been discussed supra.

Now let us go to the concerned resolution.

Illogical resolution

While proposing to disengage the Guest Lecturers from 10.05.13, it simultaneously says, “There will ….. be …… only Guest Lecturers. All the posts of required number of Guest Lecturers will be advertised for recruitment before the summer vacation of 2013 after getting approval of the administrative department”.

Six years ago, in 2007, there was “advertisement” for “Guest Lectures” and “recruitment” of “qualified” persons for the said posts, was made by a “Selection Committee”, “after getting approval of the administrative department”.

So why have they been “disengaged” after rendering six years of brilliant and bright service; and when none of them was found deficient?

Why the resolution has been adopted to “disengage” “guest lecturers” to recruit “guest lecturers”? Is it a sane resolution?

How do you explain this, members of the BoM?

Mr. Sarat Pujari, how do you explain this?

Mr. Satakadi Hota, how do you explain this?

Mr. Siba Panigrahi, how do you explain this?

Ms. Tamasarani Das Mohapatra, how do you explain this?

Mr. Baladev Prasad Maharatha, how do you explain this?

Mr. Prasant Das, how do you explain this?

Mr. Ramahari Das, how do you explain this?

Each one of you is considered a polar star on the sky of our culture. But instead of nurturing our cultural climate by standing with the teachers of performing arts whom the University had kept underfed by not regularizing their services despite using them to churn out masters these long six years, why have you, like obedient slaves, signed on a resolution that declares to disengage working “guest lecturers” to engage “guest lecturers” in work in their places? Why could you not stand with your conscience? Why this treachery is played against a brilliant and dedicated segment of our performing artists that have made their remarkably bright contributions to the University of Culture?

Timid fellows always try to ingratiate themselves with power holder by honoring their orders howsoever wrong and whimsical that be.

But each one of you above named members of the BoM of the University, is viewed as a luminary. Timidity to the extent of making a farce of a resolution of the type discussed above was the last thing one should have expected from you.

Baffling design

Those, who put premium on the dignity of our artists, must feel most disappointed over the treatment given to the teachers of UCC by a bureaucrat, who, instead of waiting for a couple of days for the regular VC to join and take a decision in the matter, has executed a mischievous resolution coined through a tamed team of members in the University BoM, that wants to replace “Guest Lecturers” with “Guest Lecturers”.

This baffling design cannot be defined in real terms. But, unless there is a secret purpose to recruit favored persons, why vacancies have been created in such a mischievous manner?

The teachers, who have thus been arbitrarily “disengaged” in a nefarious design of Tripathy to create vacancies for yet undisclosed favorites, have submitted a representation against their dismissal to the Governor-cum-Chancellor of the University.

But the Chancellor being the Governor of the State, the said representation is to pass through the barricade manned by the IAS biradari. Lest the biradari suppresses this appeal, we are inclined to publish the same in its entirety in our State’s cultural interest, with a request to our readers to attract in their own ways the attention of the Governor to the plight of the teachers of the University of Culture, of which he is the Chancellor. Here below is the copy of their representation:

To:
His Excellency the Governor of Orissa-cum-Chancellor, Utkal University of Culture,
Raj Bhawan,
Bhubaneswar

Sub: Prayer for quashing of Office Order No.841/UUC dated 15.5.2013 and for regularization in
Faculty positions held since 2007

Bhubaneswar, Dt.27.5.2013

Your Excellency,
We the following signatories are a few of the victims of the Office Order referred to above, putting the prayer of all the victims of the above order, as the rest of us have gone to their respective villages under unavoidable circumstances, authorizing us to represent them in this prayer petition.

Please be pleased to kindly take this petition as the petition of all the victims of the Office order referred to above.

The Utkal University of Culture had a requirement of faculties in PERFORMING ART in the departments of (1) Vocal Music in the areas of (a) Odissi Vocal (b) Hindustani Vocal; (2) Dance in the areas of (a) Odissi Dance (b) Chhow dance; (3) Instrumental Music in the areas of (a) Tabla (b) Odissi Pakhawaj ( c ) Flute (d) Violin; and (4) Drama in the areas of (a) Acting (b) Direction ( c ) Stage Craft. The University also required faculties of VISUAL ART in the departments of (1) Painting (2) Applied Art and Design.

It invited applications for the same posts through advertisements in mainstream papers, which is enclosed herewith as Annexure ‘A’.
When the ESSENTIAL QUALIFICATION underlined for faculty of Performing Art was:“M.Mus. or equivalent with 55% marks in concerned subject from a recognized University within the age group of 60 (sixty) years as on 01.03.2007. The preference will be given to the candidates having NIT/Ph.D./Good Academic career”, the same for faculty of Visual Art was: “M.F.A/M.V.A./Advance Diploma/Post diploma in Painting or equivalent with 55% marks from a recognized University within the age group of 60 years as on 01.03.2007.” with the same preference rider.
The University conducted tests and interviews and selected us for the permanent vacancies in the design of guest faculties; while the appointment notification had made it clear that all of us were “qualified” for “teaching and accompaniment” in the Appointment Notification No.1533/UUC dated 26.7.2007.

The said Notification noted that we were “professional / traditional and qualified persons” selected “for teaching and accompaniment in different branches of M.Music as mentioned against each under Utkal University of Culture as per the decision of the Selection Committee constituted by the University for the Academic session 2007-2008”.
This makes it clear that the University had appointed a “Selection Committee” to select “qualified” candidates for faculty positions against vacancies created in 2007-2008.

And, thereafter, no more authentic vacancies have ever been created, as all of us have been performing our duties regularly by having joined the vacant posts of 2007 under “decision” of the “Selection Committee” in 2007.

The University is a State creation and is supposed to be an ideal employer. But instead of regularizing us in our respective posts, as we were appointed by virtue of being “qualified’ for the post and selected by the “Selection Committee” created to fill up the vacancies created in 2007, it has kept us as guest faculties with improper and absolutely inadequate wages, despite our personal/collective representations to the Authorities umpteen times.

We have been working in the posts appointed to since 2007 and at no point of time any of us has been declared disqualified for the post he/she holds, though at two different occasions we were asked to update the University on our bio-data, which we have always complied with to the satisfaction of the authorities.

We have worked as full-fledged teachers rendering our services in every aspect of teachers’ functioning such as in the matters of syllabus, question paper setting, invigilation in examination, evaluation of answer papers and practical tests over and above taking up of all the classes and implementation of didactics. It may please be noted that there are only seven regular teachers appointed recently as against 15 departments of teaching in the University. It suffices to make Your Excellency appreciate that after filling up the vacant posts in 2007, we are the persons that have done the real teaching in the university in almost its entirety. The University should have regularized us since the beginning, which it has not done.

We were selected through a proper and legally constituted “Selection Committee” that had found us most suitable for the vacancies of 2007-2008 pool on the basis of our fulfilling the “Essential qualification” criteria laid down by the University in 2007 and ever since our joining the vacant posts, we have been doing our job with perfect precision, without which the University could not have run so far with 7 teachers only very recently regularized against 15 departments. The University authorities have always assured us of regularization once its economy is stable. And, as teachers and artists, simple in nature and believers in benevolence of the authorities as well as of the State, we have always stayed satisfied with the assurances.

But, sadly, Your Excellency, when we deserve to be regularized, like a bolt from the blue, the wrongful order under reference (Annexure ‘B’) has hit us on the head. Our representations to the members of the Board of Directors including the Vice-Chancellor and the Registrar dated 18.5.2013 under Annexure ‘C’ and to the Vice-Chancellor on 24.5.2013 under Annexure ‘D’ and to the Registrar on the same day under Annexure ‘E’ have not fetched us any relief.

PRAYER

Under the circumstances, we pray Your Excellency to please intervene and to please protect our right to life by quashing the order under reference and by reinstating us and regularizing our employment as faculties on the following grounds:

* We have not done any negligence to our duties;
* We had duly appeared in the interview conducted by the Selection Committee legally constituted by the University to select candidates possessing the “essential qualifications” prescribed by the University to fill up vacancies caused in 2007;
* We were found “qualified” for the posts by the “Selection Committee”, the “decision” of which had materialized in our appointment;
* Ever since our joining, we have been doing our duties every day of academic functioning of the University, in every area of teaching and didactics;
* Ever since our joining, the posts we hold have never been declared vacant; and there has never been constituted another “Selection Committee” for vacancies, if any, which establishes that with our joining , the vacancies caused in 2007 have been completely filled up and we have been in regular jobs in regular posts though wrongfully treated as guest faculties;
* Ever since our joining, we have never been set disqualified;
Ever since our joining, we have never been found ineligible to work as faculty;
* Ever since our joining, we have regularly worked as faculties and our and only our role as faculties of the University has produced post-graduates in all the subjects the University has offered in performing arts and visual arts.
* When the University has 15 departments, with a mere seven members in regular posts appointed very recently, without us teaching regularly, the University could never have continued as a seat of learning; and this makes it clear that we have been working in posts of permanent nature since 2007 and keeping us branded as guest faculties with inadequate and improper wages to address classes of regular nature for so long a period was / is not in no consonance with employment ethics expected of an ideal employer;
* When the University is a State undertaking, it should act as an ideal employer and therefore, instead of jettisoning us for no fault of ours, the University should regularize us in our employment.
Unless Your Excellency intervenes and regularize us by quashing the order under reference, our right to life would be in serious jeopardy;

And, therefore, we pray Your Excellency to please quash the order under reference and to be pleased to pass necessary orders to reinstate us and regularize our employment.

AND FOR THIS ACT OF KINDNESS, AS IN DUTY BOUND, MOST FERVENTLY WE PRAY.

By the victims of Office Order No. 841/UUC dt.15.5.2013

Infusion of anarchy needs be stopped

It would be proper for the Chancellor to appreciate that the “disengaged” lecturers were legally “selected” to discharge regular jobs that the regular teachers should do, and had thereby de facto filled up the vacancies created in 2007, and therefore, their regularization was a de jure necessity.

Anything else than their regularization would be considered an anarchy in administration.

No IAS officer should be allowed to infuse anarchy into service. So, the Chancellor should act the Governor in this matter and review Tripathy’s activities as VC in-charge of the UCC and save the teachers by quashing the “Office Order” that has thrown a brilliant section of our creative community into a pernicious labyrinth of uncertainty and unemployment.

Filed under: administration, Animadversion, art & culture, Editorials, education, Employees' Issues, law and order, news, orissa, politics, Uncategorized | Tagged: , , , , | Leave a Comment »

India needs it now

Posted on June 2, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak

Maoism is not a mission of murder, but a means of emancipation. The people who pose as Maoists do not appear to have understood this.

In writing the introduction to M.R.Masani’s famous book: ‘The Communist Party of India – A Short History’ (Derek Verschoyle, London, 1954), Guy Wint had mentioned of the two different political systems India and China had adopted in the initial stage and how economic achievement may justify which of the two systems is correct.

I am tempted to quote a few lines from the same.

“The contemporary history of Asis is strongly dramatic. In the two great land masses, India and china, new orders of government and society came into existence within two years of one another. In India, the Congress State succeeded the British Raj in 1947. In China two years later the Communist Party became master of the whole country, and dedicated it to the principles of Marxism, Leninism and Stalinism as interpreted by Mao Tse-Tung.

“The systems in India and China are opposite poles……………….India the great example of liberalism in Asia, China the first full-fledged example of Asian Communism”. Despite this contrast, “They have one characteristic in common. In neither can it be the aim of government simply to keep an existing social machine in smooth function. In each country the urgent need is for a radical transformation; and the governments are under immense pressure to make themselves responsible for bringing this about. The bane of both countries is poverty and technical and industrial backwardness. The demand of all the educated classes is that this state of affairs should be brought to an end. They want their countries modernized, made strong in relation to other countries, and equipped with industry. They want to end for ever the familiar sights of Asian penury – the beggar, the under-nurished masses, the hovels and slums, the dirt, disease and squalor.

“Inevitably and without intention, India and China have become symbols of the different methods by which economic and social change may be brought about. ………………….“Whichever country shows the more impressive economic progress, India or China, is likely to be accepted as the social, and perhaps the political, leader of Asia”.

China has unambiguously emerged the leader. Her success in economy is so bright and high, and her share in markets of the world is so huge and dominant that not only in Asia but also in the global economic sky she is shining as a leading star.

But India has remained the country of “contradiction” whereinto she had entered on January 26, 1950 on becoming a republic.

“On 26th January 1950, we are going to enter into a life of contradiction”, the author of the Constitution Dr. B. R. Ambedkar had confessed in his concluding speech in reply to the debates on the third reading of the Draft Constitution before its adoption in the Constituent Assembly of India. Despite political equality offered through the right to vote of equal value, right to private property ensured by the Constitution was bound to legalize inequality in economic structure. He had, therefore, warned that unless the post-British Government steers the Parliament to be elected by the people through universal franchise to wipe out concentration of wealth in individual hands in order to undo the inequality, “those who suffer from inequality will blow up the structure of political democracy which this Assembly has so laboriously built up”, he had told the country.(Constituent Assembly Debates, Vol.XI,p.979).

The post-British government failed to steer the Parliament to remove this inequality and therefore the country has been pushed further into the very same contradictions Dr. Ambedkar had warned about. As a result, India has become a country of concentration of wealth in only a few hands and a country of wretched poverty for the maximum majority.

Economic inequality, which Dr. Ambedkar had admitted in the Constituent Assembly to have been woven in the Constitution created by representatives not chosen by the general public but placed in the CA by special arrangement in the pre-independence environment, and which, he had strongly wanted to be quashed by the first Parliament elected by the people, failing which the democracy provided for in the Constitution would eventually be destroyed by victims of inequality, has instead of being quashed, increased many fold after independence. Wealth of the country, money the people pay in form of tax and land revenue, have gone into the hands of the schemers, scamsters, swindlers,trade and industry operators by the help of the compradors who have grabbed political power and transformed Indian democracy to plutocracy with the media controlled by the rich class keeping mum and foreign intelligence agencies generating for them the necessary climate in this country of gullible people overpowered by political sycophants and communal maniacs.

The country has come to such a sorry state that farmers are committing suicides to escape ignominy of inability to repay their loans and mothers are distress-selling their babies to eke out a little food for themselves while nurturing a hope against hope that the sold away babies me get a little nourishment in new environments!

National shame

“This is a national shame”, Prime Minister Manmohan Singh had cried while releasing the Hunger and Malnutrition (HUNGaMA) report (2012) prepared by the Naandi Foundation, prepared on in-depth study in 112 districts of the country, that tells us how 42 per cent of our children are underweight and 58 per cent are stunted by the age of 24 months due to malnutrition. The country is running in such a fashion that, 92 per cent mothers have never heard the word ‘malnutrition’, the report has exposed. But Dr. Singh was not ashamed of his role in dragging India into this sordid state of malnutrition.

As far back as in 1989 Amartya Sen and Jean Dreze had written in Hunger and Public Action that about four million people die every year in India from malnutrition and related causes.

This biting tragedy was again focussed in a report of the UNISEF, which, in using NFHS 3, 2005-2006 data, had observed: “In India 20 per cent of children under five years of age suffer from wasting due to acute undernutrition. More than one third of the world’s children who are wasted live in India. Forty three per cent of Indian children under five years are underweight and 48 per cent (i.e. 61 million children) are stunted due to chronic undernutrition, India accounts for more than 3 out of every 10 stunted children in the world”.

But the government’s deliberate apathy to such observations and relentless support to the swindlers of the national wealth has so devastated the people that highly subsidized rice supplied to them at the rate of Rs.2 per Kilogram has become the only way to halt mass starvation deaths.The sad scenario has further deteriorated. The Government has comprehended that the people have not even the ability to pay Rs.2 only per Kg for the subsidized rice, as a result of which a State like Orissa has reduced the rate to rupee one.

Why has it happened?

This has happened; because, the compradors in power have helped their masters grab the national assets.

Wealth-X observation

The Press Trust of India quoting Wealth-X has reported on September 17, 2012 that there are only109 persons in India who represent the top 1.4 per cent of the Ultra High Net Worth (UHNW) population, and control 20.5 per cent of the total fortune attributable to the ultra wealthy segment comprising 7730 super rich individuals that have grabbed the country.

This concentration of wealth in the coffers of a tiny class of the rich has pushed maximum Indians into a state of abysmal poverty, and wretchedness, and slow-starvation and starvation deaths.

Two Indias even in the eyes of the Apex Court

Marking this sordid scenario, Justice Dalveer Bhandari of the Supreme Court of India had to cry on April 21, 2011 in course of a hearing over a petition from the People’s Union for Civil Liberty in matter of public distribution system that the wrong policies of the Government of India has divided the country into two: a small India of the rich and a large India of the poor. From the bench comprising besides him Justice Deepak Verma, he told the Additional Solicitor General, “You cannot have two Indias”, which gave vent to how the apex judiciary is also worried over the misfortune the people of India have been pushed into by the Governments.

Multi-dimensional poverty estimates

International observers of disasters afflicting the people because of anti-people economic policies are also of the same opinion. One such observation available in multi-dimensional poverty estimates developed for UN Development Program by the Oxford Poverty and Human Development Initiative (OPHI) in 2010 holds that eight of Indian States – Bihar, Chhatisgarh, Jharkhand, Madhya Pradesh, Orissa, Rajasthan, Uttar Pradesh and West Bengal – have more pathetic poor people than the 26 poorest African nations, even though all these Indian States are immensely rich in hardworking manpower, natural resources and intellectual activities. They are such poor because only of exploitation that the rich is perpetrating by the help of their agents in power.

Malnutrition is not a matter of India alone. Even USA and other rich countries have this problem, howsoever marginal be it.

But we will like to see where India and China stand in this matter, specifically as both the countries, to recall Guy Wint quoted supra, had suggested which of the two – political economy of liberalism adopted by India and political economy of Maoism adopted by China – at the initial stage of their emergence as independent countries, would be considered correct on basis of tackling economic backwardness and elimination of hunger.

India and China in worldwide survey


The World Health Organization helps us in this regard. After a worldwide survey, it has put India in the high level of mortality due to malnutrition in comparison with China putting India’s malnutrition death rate at 5.9 as against China’s 1.2 (WTO data 2011).

This establishes that the political economy of liberalism India had adopted and is more vigorously practicing in the present regime has failed and political economy of Maoism that China had adopted and is practicing has succeeded.

Wrong is transforming Maoism to mission of murder

So, there is no wrong in trying to replace India’s present economic policy with Maoist policy.
But wrong is the menace the so-called Maoists are causing in India.

Their conduct is transforming political economy of Maoism into a mission of murder that majority of Indians, by nature addressed to peaceful coexistence, cannot countenance. Therefore their conduct is counterproductive to emancipatory revolution that India needs to build up so urgently to foil plutocracy.

The mission of murder has kept the Maoists isolated in mostly inaccessible forest areas far away from the educated mass, which should have been their strongest support base.

The strength

All over the world the persons of extraordinary erudition, persons of concern for human beings and their habitations, persons of responsible world outlook, persons of perseverance in pursuit of world peace, persons of committed adherence to campaign against exploitation, persons stubbornly opposed to all sorts of oppression and discrimination, are the persons who support Communism.

But mission of murder is not acceptable to them. Those who identify themselves with Maoism, therefore, should shun the mission of murder that has kept them isolated and cultivate these support bases of Communism in right earnest. The world knows the success of China. And the world knows how capitalism is failing.

The weakness

Both the mainstream Communist parties – CPI and CPI(M) – and their so-called socialist allies, having appended themselves to power-grabbers and promulgators of plutocracy in India, have ruined their politico-class character and lost their credibility.

The exception

But Maoists are the exception. They have not run after parliamentary power so far. This is their greatest plus point. T

he country needs their leadership to save herself from the labyrinth of plutocracy which, having no thirst for electoral power and no faith in the present electoral system, only they can provide. Only they can lead the real war of independence that so badly is necessary now.

Let them shun the mission of murder; the Indians who are desperately in search of the way to escape the pernicious net of the right viruses, will embrace them.

The only way and the necessity

Political economy of communism is the only way to emancipation. But, for that, necessary is political education, not the murderous bullets and bombs. They should only be used if the State obstructs such education. And to create the necessary environment to gain legitimacy to impart such political education on Economy of Communism, with arms and ammunitions stashed, Maoists must halt their mission of murder, even if that lands them in danger to their lives exactly as had happened to our freedom fighters in the British regime.

India needs this now.

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If they killed, why did they?

Posted on May 28, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak

It is yet to be established beyond doubts that the Maoists in Chhattisgarh have killed the Congress leaders on Saturday; but the Prime Minister has lost no time in condemning the Maoists for the killing. So also the rich media and the elite of the country. The survivors of the attack also allege that the attackers were the Maoists. And, the general public, thus, is in an environment of believing that the attackers were the Maoists.

Words are inadequate to condemn this violence. But we are yet to know why the Government of India run by Dr. Manmohan Singh of the Congress Party and the Provincial Government run by the BJP have not till now told the nation with definite evidence that it is the Maoists and none else that have killed Mahendra Karma and others and so severely injured V.C.Shukla and others in the Bastar ambush.

The Congress leaders were in a massive campaign against the BJP and their campaign was christened ‘Parivartana Yatra’, meaning ‘a march for change’. The BJP was/is to suffer if the Yatra succeeds. So, it is BJP that was/is to be affected by the Congress campaign, not the Maoists. And BJP is also not a non-violent party. It is known for violence for power and/or force against the political adversary.

So, instead of vomiting set jargons of prejudice against the Maoists, the Prime Minister should ensure that a fact finding investigation into who really caused the mayhem and murder is instituted immediately and completed within a stipulated time.

The fact that need not be investigated into is that a set of Congress campaigners for change in Provincial Government were attacked, injured and killed. What needs to be investigated into is that, who did it and why. If the BJP did it, motive is understandable. But, if the Maoists did it, the Government must tell us as to why they did it. Because, unless we reach the root cause, there shall be no remedy.

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May we suggest to the Supreme Court: More than curb on adjournments essential is restriction on admission

Posted on May 23, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak

In a recent judgment, the Supreme Court of India, from the bench of Justices K S Radhakrishnan and Dipak Misra has strongly disapproved the delay in dispensation of justice in criminal cases. When the Criminal Procedure Code makes it a must for day-to-day proceeding once examination of witnesses starts, “with impunity” adjournments are being allowed in trial stage at the instances of lawyers; and this is causing the delay in justice and avoidable piling of cases, the Court has observed.

This is a very welcome verdict and if not willfully dishonored, it may help speedy dispensation of justice and reduction of load of litigation. But the Supreme Court has no machinery of its own to know if its judgments are honored and therefore, as we have marked, its verdicts, where more than any individual the general public and/or the system of administration are to benefit, do die of negligence by the authorities concerned. We wish this judgment not to die like this.

However, curb on adjournments cannot be the only remedy to overloading of trial courts with litigation. Most of the criminal cases are manufactured and concocted by the black sheep in police in nexus with criminals eager to escape by falsely implicating the innocent or to settle score by torturing their opponents.

Our judicial system is so defective that the primary court does not think it necessary to go beyond the assortment of accusations to be prima facie convinced that the forwarding officer is not influenced by the accuser.

To the primary courts the police are as if the Gods that cannot be looked at askance. This is why; thousands of false cases are being allowed admission every day in India.

That, most of these cases end in acquittal of the accused is indicative of the fact that they were instituted willfully falsely. But, neither the accuser nor the police officer for whom the judiciary was/is overloaded with false cases is ever punished.

The apex court is to look into this phenomenon if the system is really to be relieved of the load of litigation and avoidable loss of judicial time.

It is essential to make it a must for the primary courts to screen the forwarded cases on the matrix of natural justice before registering the case for adjudication. The person whose right to freedom is set to be affected by a criminal case on admission whereof bail would normally be denied, must have the right to be heard before denial of bail so as, at least, not to make a farce of justice and to ensure that the primary court from which the criminal justice system begins its upward journey does not become by itself the prosecutor.

A progressive case law may be created by the Supreme Court to eliminate this defect in criminal procedure.

Every instance of admission of a criminal case should be preceded with a primary hearing to the extent of the primary court getting prima facie convinced of the credibility of the allegations raised against the accused, specifically as it is being increasingly noticed that prosecution is failing to prove the allegations in majority of police cases leading to acquittal of the accused in the long run.

Very often the police institute false cases against persons disadvantageous to their own illegal activities or under pressure from political fellows in power to harass their opponents or under influence of the accuser determined to settle scores with an adversary.

Accepting the police version, therefore, as prima facie reliable in the primary courts should be discouraged. Otherwise, there shall be no reprieve from overloading of judiciary with cases ultimately in most of them to collapse as baseless and/or not proved.

So, more than curb on adjournments, restriction on admission of criminal cases is essential.

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Commission of Inquiry needed on Commission of Inquiry

Posted on May 5, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak

Noted RTI activist Pradip Pradhan has shared with me information officially received that the State Exchequer has coughed up a sum of Rs. 1,04.51.317/- for Justice C.R.Pal Commission of Inquiry, constituted to inquire into the demands of different bar Associations and to make an in-depth study in respect of establishment of a permanent Bench/ Circuit Bench anywhere in the State other than the Principal seat.

The Commission was appointed on 11.3.2008 for six months and was asked to report its finding within that period. But, despite several reminders from the government, Justice Pal has not completed his work and not submitted his report. For the tenth time, his tenure has been extended till June 2013. There is no guarantee that the inquiry shall be completed by this time.

It is a serious syndrome. If Justice Pal has no expertise or ability to complete the inquiry within the stipulated time, he should have been honest to go away from the assignment; because the delay in completion of the inquiry is injuriously expensive for the State.

One may not err if the delay seems to be a means to a continuous earning for the Judge in his retired days. Any retired judge heading any Commission of Inquiry like Justice Pal should be made answerable for draining out of the State Exchequer if he has accepted the appointment to conclude the inquiry within a given time; but has wanted and obtained extensions after extensions, taking thereby more money from the exchequer than what was originally estimated.

A Commission of Inquiry on the Commission of Inquiry that causes so much delay in concluding the inquiry is necessary to ensure timely conclusion of the inquiries that State is instituting in matters of urgent public interest.

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Wrongful Police fail to keep judicial wisdom eclipsed; Devi Prasann Nayak, Subash Singh and Brajabhai enlarged on bail

Posted on May 1, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak

Police ultimately failed to keep judicial wisdom eclipsed by misuse of powers vested in them and finally, the Additional District Judge, Cuttack has granted bail to Trade Union leaders Devi Prasanna Nayak and Subash Chandra Singh, President and General Secretary respectively of Utkalmani Newspaper Employees Association as well as to Brajabhai well recognized as the man who had reformed the premiere daily into rejuvenation. They are implicated in mischievously built up concocted cases, which on hearing are bound to collapse; because the allegations are blatantly wrong and entirely baseless. We are sure; no fabricated case can earn judicial support in the long run.

The Samaja, people’s paper of Orissa, built up with constant flow of people’s patronization being the paper founded by their beloved leader, late Utkalmani Gopabandhu Das, has, behind the back of the people, in the mean time, been transformed into a den of swindlers, manipulators, self-seekers, schemers, exploiters, unfair labor practitioners, womanizers, and pet women who sans qualms can use their muliebrity to malign any gentleman disadvantageous to the men of moral turpitude.

Devi Prasanna Nayak and Subash Singh are determined to save the Samaja from this den. They were therefore in the hit list of the fellows that dwell the den.

On the other hand, Servants of the People Society (SoPS) of which Utkalmani Gopabandhu was the leading light before his premature death has captured the Samaja under the plea of a WILL attributed to him. But a few months ago a document stumbled upon; suspicion is in the rise that the WILL on the basis of which SoPS has occupied the Samaja is not a genuine WILL

This has led to formation of an instrument to save the Samaja which is known as Save the Samaja Forum (SSF).

Even as SSF has been harping on investigation into the reality or not of the WILL, it has come to light in course of investigation by Justice Arijit Pasayat that there is swindling of the Samaja funds to the tune of several crores of rupees as well as instances of grievous moral turpitude. To preempt punitive action, a gang of fellows marked by the Pasayat Committee for offences, has, through a stage-managed election, which a competent judge has observed to be incongruous with the constitution of SoPS, occupied the Samaja and in order to render the investigation report inconsequential, has framed up Sri Nayak and others to create panicky amongst the workers of the news daily so that from headquarters of the paper their reign over SoPS as well will continue without any hurdle.

Cantonment P.S. of Cuttack has obliged this gang so far.

We will focus on this P.S. later, but for now, to us, the happy occasion to mark is, enlargement of Nayak, Singh and Brajabhai on bail. Their appeal for bail was given legal support by the State’s new generation legal luminary, Advocate Bibhu Prasad Tripathy as well as by Advocates Milan Kanungo, Manoranjan Mishra, Devi Prasad Dhal, and Soyed Hidaytulla (Chand babu).

In course of the cases, the complainant had tried to meddle in the matter through its lawyer. But Sri Tripathy had raised a brilliant protest against participation of the complainant through a lawyer in opposing the bail petition. He had cited various case laws to apprise the judge of the soft threads of law over the issue and despite the Samaja occupiers having engaged a top ranking criminal law practitioner to plead for them, that was rejected on elaborate hearing.

Instead of acting the desired sentinel of the people, the Samaja now appears a habitual litigant. People of Orissa do certainly not like to see it in this condition. And, we hope, a day shall soon come, the Samaja will be free from the hoodlums.

We are thankful to judiciary for having given us – the working people of Orissa – a great moment to celebrate the May Day by granting two brilliant trade union leaders – Devi Prasanna Nayak and Subas Chandra Singh and Brajabhai, the man that had brought discernible reforms and rejuvenation to Samaja – the much awaited bail, out of the dark tunnel of manipulation, which the powerful newspaper management in nexus with police black sheep had so cunningly created.

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Bureaucratic barbarism set to shatter an innocent employee when he retires: Will the Health Minister intervene?

Posted on April 22, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak

An innocent man who is to retire this month from a very low paid government job under the malaria eradication wing is going to be shattered unless the Health Minister or the Chief Minister intervenes to save him from bureaucratic barbarism.

One Abhaya Kar, whose mother was working in Ramachandrapur Primary Health Centre had borrowed Rs. 30/- from Kanhu Charan Panda, a lab technician of that PHC in 1995. Panda had given him the money as he knew him as the son of a colleague. But Kar did not return him the money. On persistent request, he had returned only five rupees and promised to pay the rest Rs.25 the next day. But, because he had felt embarrassed upon being pressed to pay, he decided to teach him a lesion while repaying the borrowed money.

Accordingly he cooked up a plan. He obtained a prescription for blood test from a Doctor and prompted Panda to draw the sample for the test while telling him that he would take the report the next day. Then he went to vigilance S.P. of Sambalpur and informed him that, for a pathological test, Panda was demanding him bribe of Rs.30/- out of which he has already paid Rs.5/- and is to pay Rs.25/- the next day in order to obtain the report.

A trap was laid. The vigilance police gave Kar Rs.25/- after sprinkling phenolphthalein powder on the Notes, which he gave to Panda on 5.5.1995 saying that he was repaying the borrowed money. There was nothing for Panda to disbelieve. But as he put the money in his pocket, the vigilance squad pounced upon him and recovered from his pocket the tainted Notes. He was arrested on charges of bribe and forwarded to the vigilance court and under direction from the vigilance police, he was put under suspension.

Prosecution commenced against him in the Court of Special Judge (Vigilance) at Cuttack in T.R. Case No. 293-2007 arising out of Sambalpur Vig. P. S. Case No. 09 of 1995.

The vigilance court finally determined that the case against Panda was a false case inasmuch as on the day of occurrence, i.e. 5.5.1995 Kar had refunded the loan amount which he had earlier taken from Panda. On this determination, the Court held Panda “not guilty” and acquitted him from the charges in its judgment delivered on 9.2.2012. Neither the State nor the complainant has preferred any appeal against the judgment.

But now when Panda is going to retire from his job on reaching the age of superannuation, and his suspension period needs regularization, the health directorate is eager to subject him to disciplinary proceedings for the same “crime” with retrospective effect from 5.5.1995!

The man had not committed any crime. He had helped the son of a colleague with a sum of Rs.30/-only at the time of his need. The man he had helped betrayed him by implicating him in a false vigilance case. This treachery was bare in course of hearing of the case and the court, in recognizing the reality, declared him “not Guilty of the offense” he was charged with and rewarded his humanitarianism by acquitting of all charges.

Yet, bureaucratic barbarism is set to shatter his retired life. If bureaucracy is not restrained from its design to clamp disciplinary proceedings on him for the offense he has not committed, it would be impossible for him to get his pension and other retirement benefits.

One of my readers from Dhenkanal who belongs to Bhapur, the village of my close relation late lamented Hadibandhu Pattanayak, which is adjacent to Koilipingi, the village of Panda, had sent me a letter depicting a detail picture of Panda’s case. I have verified the veracity of what he has informed me. This report is based on that verification and I am sure, unless political leadership intervenes, the innocent poor man is going to perish in his post retirement life under heartless barbarism of bureaucracy.

Will the Health Minister please intervene?

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Swindlers of the Samaja funds stay safe by framing up Braja Bhai

Posted on April 20, 2013 by Subhas Chandra Pattanayak

Sting operation was about to expose Manubhai Patel, but the ex-GM had saved him

Subhas Chandra Pattanayak

A Cuttack Court failed to use its judicial wisdom to grant bail to Braja Bhai, presently in judicial custody in a motivated police case, too dazzled as it was by parade of a different episode in which he was framed up, necessitating the Supreme Court’s grace for granting of bail. But, exclusive information under our possession makes it clear to us that in that case too, he was wrongfully implicated. The real culprits – Manubhai Patel, Manorama Mohapatra and Satya Paul et al – who had swindled the funds of the Samaja, have stayed safe till date, because a retired IAS officer Dandanirodh Mishra, similar to the one presently in occupation of GM post in the paper, had then used his influence in administration to frame up Braja Bhai in order to save the swindlers.

Mishra has reminded Manubhai in a caustic communication of how the three of them are under “Democle’s Sword” with Braja Bhai having made his statement in the misappropriation case pending against him and how embarrassing it would be to the three of them when the process of investigation would eventually end. “(It) would be a matter of serious discussion in the State, to your embarrassment and the embarrassment of the Board of Management, especially when the process of investigation pertaining to misappropriation of Rs.97.00 lakhs from the Samaja account is yet to be completed, with Democle’s Sword hanging on you, on Smt. Manorama Mohapatra and Shri Satya Paul as per statement of Braja Bhai”, he has told Maubhai Patel.

“Had I not taken the right step at the right time, I am afraid, now you would have been in jail instead of Sri Braja Bhai”. This is how ex-general manager of The Samaja, Dandanirodh Mishra recapitulated his role in a letter to Manubhai Patel, the then chief of Servants of the People Society (SoPS) on 25.07.2007.

He had even saved Patel from being caught in sting cam while bartering away independence of the Samaja to Chief Minister Naveen Patnaik against Rs.50.00 lakhs of slush money on 15.11.2006.

Patel, as President of SoPS that has kept Orissa’s premier daily – the ‘Samaja’ – in capture, had pledged publicity support to Chief Minister Naveen Patnaik against a sum of Rs. 50 lakhs, through a mediator he was relying upon, says a reliable sourse.

When he was proceeding to Puri on the appointed day to receive the slush money in person, Mishra, having gotten a whisper about sting cameras waiting for the transaction to take place., had saved Patel from the sure-to-occur exposure by warning both him and the CM and by arranging a talk between both of them on the road over the phone.

“You are aware that I had saved you from embarrassment, humiliation and ignominy by requesting the Chief minister to have a telephonic discussion with you when you were rushing to Puri on 15th November 2006 to collect a sum of Rs.50.00 lakhs as promised to you over telephone by somebody (whom you assumed to be the Chief Minister) without meeting the Chief Minister as per the scheduled programme”, Sri Mishra had later written to Patel while leaving the organization. It clearly indicates that a program was scheduled for transaction of the slush money on November 15, 2007.

From a document signed by Mishra, it transpires that he, as the GM of the Samaja, had “unearthed misappropriation of Rs.97,08,500.00 from the accounts of the Samaja”. And had “taken action” against Braja bhai and others for the same.

But that, Braja bhai was framed up to keep the real culprit under cover, is clear from what Mishra has told Patel in his letter No. 253/GM/2007 dated 25.07.2007. In this letter, he has told Patel, “Had I not saved you, instead of you driving out Braja Bhai from life membership by invoking the emergency power under the provision of the constitution of the SoPS as per my suggestion, you would have been removed by Braja Bhai with sufficient adverse evidences against you”.

So it is clear that Mishra had suggested Patel to dismiss Braja Bhai from SoPS by invoking emergency powers of the President. With this confession of Mishra, it is also clear that he had willfully implicated Braja Bhai in the misappropriation case to save the skin of Manubhai and his two other partners in the crime, namely Manorama Mohapatra and Satya Paul.

And, therefore, to us it is clear that Braja Bhai has not committed the misappropriation as alleged. A highlander by birth, born in Mayurbhanj, he is by nature a simple man, too proud to commit crimes like misappropriation of funds of the paper he had given a new birth to. Employees gratefully remember how he had spent days and nights to help some of them get deadicted. Employees gratefully remember how he had for the first time given them refreshment environment in honor of their human rights. He is a man, who, employees believe, cannot misappropriate the funds of the Samaja he is so devoted to.

Onus lies on the management of the Samaja and the police to prove their charges against Braja Bhai; but for so many years they have been limping and the false charges are continuing to harass the man willfully framed up by the stooges of the real culprits, as Dandanirodh’s letter to Manubhai Patel reveals.

Patel makes SoPS a sanctuary of retired rouges

When Patel has recaptured SoPS by way of a forged election, which according to the District Judge of Cuttack in F.A.O. No 113 of 2012, “appears to have no prima-facie sanction of the Constitution of SoPS”, a retired IAS officer S.C.Mantry has been used as GM to file cases against Braja Bhai.

It seems, he has a history of using retired rogues from IAS cadre to conduct illegal operations in the Samaja, specifically in prosecuting Braja Bhai; because, prior to Mantry, as confessed by retired IAS officer Dandanirodh Mishra, he was also used by Patel to put Braja Bhai behind the bars.

The confession of Mishra has manifested in his parting letter to Manubhai Patel when he has told him, “had I not taken the right step at the right time, I am afraid, now you would have been in jail instead of Sri Braja Bhai”. He has admitted that he had taken the so-called “right step at the right time” to send Braja Bhai into the judicial custody in order only to safeguard the “prestige and safety” of Manubhai Patel.

Another retired IAS officer – K.C.Mahapatra – was also planted by Manubhai to exploit the Samaja and to serve his personal interests at the cost of the paper, Mishra has said.

In Para 6 of his parting letter, he has narrated how Manubhai had taken Mahapatra as his adviser “with authority that he shall render advice and report on any issue relating to the business of SoPS in Orissa in particular reference to the Samaja”. Mahapatra was given all the powers to intervene in every matter of the paper including editorial policies and business processes. And the Samaja was to bear the burden of his personal expenses and to look after his comforts. But, all this was designed to help Mahapatra use the influence of the Samaja for personal business in which Manubhai has his share. “As Shri Mahapatra is constructing a Hotel near Rasulgarh of Bhubaneswar, his appointment was an award to him at the expenses of the Samaja in exchange of his service in the game-plan to expedite my oust from the organization”, Mishra has noted.

Dubious board of advisers

Now a pack of retired fellows from various wings of civil services have been appointed as advisers of the Samaja. These fellows have neither any experience nor any expertise in journalism.

Senior journalist Prasanta Patnaik has challenged them in social media like the facebook to reveal as to what sort of function they are performing in the paper and why have they accepted the appointment as advisers when they know they have no journalistic contributions to make and nowhere in newspaper establishments such advisers are appointed and provided for in either wage boards or Press Commission reports.

To us, the nefarious design is contrived to subjugate journalistic wisdom to idiocrasies of non-journalists.

“Remove Braja Bhai by hook or by crook”

That Patel has the uncommon knack for using retired IAS and IPS officers to defend himself in difficult situations and to offend and harass whomsoever he feels to be disadvantageous to his personal ambitions is well on records by confession of Dandanirodh Mishra, whom he had used to victimize Braja Bhai.

Dandanirodh was recruited by Patel for the post of GM of the Samaja and used by him to remove Braja Bhai from position and then was pushed into a situation where there was no way for him than resigning.

He has confessed this in the following term in his parting letter addressed to Manubhai: “I think, the sole purpose for which you brought me to the organization – to remove Braja Bhai by hook or by crook – has already been achieved and you do not require me any further”.

The fellows now basking under epithets like advisors may gain by going through the experience of Dandanirodh Mishra.

Truth peeps out

Mishra’s parting letter is relevant in many respects.

He had unearthed a misappropriation amounting to Rs. 97, 08,500.00 from the accounts of the Samaja. Out of this amount, a sum of Rs. 47, 08,500.00 was misappropriated by Sri Satya Paul, life member and close associate of Manubhai Patel. Mishra says that he was “pressurized not to take any action against Shri Satya Paul in the misappropriation of a sum of Rs. 47,08,500.00” even though the misappropriation case was instituted on the FIR lodged by him.

Manubhai’s readiness to pledge support of the Samaja to chief minister Naveen Patnaik for Rs. 50.00 lakhs added to the amount allegedly misappropriated by Satya Paul makes out the total sum of 97,08,500.00, which, according to Mishra’s FIR was misappropriated from the accounts of the Samaja.

Was Manubhai the man who misappropriated the sum of Rs. 50.00 lakhs from the Samaja and on unearthing of the same, had tried to organize the said amount from slush funds that Naveen Patnaik was handling, in order to set the records of the Samaja funds right?

Mishra has not told of that. But he has revealed in no uncertain terms that after the FIR was lodged by him, he was “called twice to Delhi to meet them (Shri I. K. Gujral and Justice R. Sachar – the trustees) in the residence of Shri I. K. Gujral (former Prime Minister of India) to explain everything pertaining to the misappropriation of Rs.97,08,500.00” when in those meetings, Manubhai along with Shri P. M. Mehta, Shri Omkar Chand, Shri Ranjit Singh and Shri Satya Paul were also remaining present.

“A lot of pressure was put on me to release a sum of Rs. 75.00 lakhs approximately in favor of M/s Poddar Global Ltd as per their claim”, Mishra has said.

Police/CBI investigation is necessary

It needs police /CBI investigation to ascertain if the misappropriated money of the Samaja, at least the sum of Rs.50.00 lakhs for which needle of suspicion points to Manubhai, was to be adjusted from that payment. Such investigation may gain from analyzing as to why Dandaniraodh has told Manubhai that he would have been in jail instead of Braja Bhai had he not saved him and why he feels that Democle’s sword is hanging on Manubhai, Manorama Mohapatra and Satya Paul linking the same to Braja bhai’s statement in course of investigation.

Investigation is also required on whether, as revealed by Dandanirodh Mishra, on 15 November 2006, Manubhai Patel was to receive Rs. 50.00 lakhs clandestinely from Chief Minister Naveen Patnaik, which was abandoned in fear of sting cameras and if that “programme” was “scheduled”, for what purpose the CM was to give him that money.

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The Samaja tangle: Trade Union leaders framed up in cooked up cases: State a silent spectator!

Posted on April 15, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak
The President of Utkalmani Newspaper Employees Association and sub-editor of Utkalmani Gopabandhu Das’ great gift to Orissa, the Samaja, Sri Devi Prasanna Nayak is in judicial custody since 26 March 2013 apparently as a lady sub-editor namely Mamata Bisoi alleged that he along with others outraged her modesty.

From the order of S.D.J.M. (Sadar), Cuttack, before whom Devi and the co-accused Braja Bhai were produced the same day, it transpires that bail was rejected because Mamata has given a statement to the effect that “getting information, when she went to the spot”, the accused persons “pulled her Saree, caught hold of her, squeezed her breast and assaulted her, for which she sustained severe injuries on her head and her left of body”.

To the Magistrate, “the above facts and gravity of the alleged offence” were such that he was “not inclined to release the accused persons on bail”.

Was she really tortured by Devi and the co-accused as she has stated?

Our investigation convinces us that she has given false statements to misuse the judicial system against the accused persons for reasons yet to manifest.

If pictures can say, they say emphatically that Mamata’s statement is nothing but concocted.

IMG_1055If getting the information she had come to the “spot”, the spot was full of police personnel and members of the Samaja staff. Eye witnesses say, she had come with her brother and another woman.

Let us look at a few other pictures:

IMG_1049

The police was in discussion with Kishore Tripathy, Devi Pr. Nayak, Niranjan Rath, Bhimsen Jadav etc.

IMG_1060

As Devi was in discussion with the police along with others, Mamata was having talks with police and someone known as her brother at the Samaja entrance.

IMG_1066

She was seen giving some instructions to someone whom she says to be her brother.

IMG_1072

At that time, police was discussing with Braja Bhai.

IMG_1081

Soon thereafter, Police wanted Devi and Braja bhai to come with them to the DCP for further discussion on how to solve the Samaja tangle.

IMG_1137

And, then took him and Devi to the DCP where they were declared arrested.

And, where and when, despite their heavy presence, they “pulled her saree, caught hold of her, squeezed her breast, assaulted her thereby causing her head injury and injury on her left, as alleged by her?

We have talked to many persons present on the spot and all of them say that Mamata has given false statements. Devi is a person of good moral character and neither he nor Braja Bhai nor anybody else has misbehaved with her as alleged.

Taking advantage of the lacuna in judicial system that allows magistrates to refuse bail without examining if there is prima facie reason to disbelieve the accusations, the police have picked up the General Secretary of the Association Sri Subash Chandra Singh on April 13 reportedly on the same ground and hounding some other leaders of the trade union too.

The Trade Union that Devi and Subash lead has been fighting against unfair labor practices, which the Samaja management has been perpetrating against the employees in blatant and criminal contravention of the Industrial Standing Orders Act.. There are many such employees who have been regularly working for the paper for decades without being regularized and sans payment in time scale and the Union has raised industrial disputes against such illegalities. Therefore the occupiers of the Samaja want Devi and his team get out of the scope for fighting for the employees and therefore, they have subjected Devi and his friends to cooked up cases. Earlier, they had subjected Devi to a domestic enquiry on concocted charges and had instructed the security personnel not to allow him entry into the Samaja office to keep him absent from enquiry! When thus Devi was debarred from defending himself, Mamata was presented as the management witness and from what she told the enquiry officer, it was clear that she holds either personal grudge against Devi or was eager to oblige prosecutors of Devi by vomiting their versions against him. So, there is reason to believe that her statement to Police and later to a magistrate is prompted and vitiated with motive and antagonism.

If the Government is not irresponsible, it should review the case against Devi and others and correct the wrong done to them by ensuring that false prosecution is not supported by the State.

It is time for the State also to save the Samaja from fraudsters. The fellows that have kept the paper in their capture have swindled crores of rupees from the revenue of the paper as figured even in the report of the Enquiry Committee headed by Justice Arijit Pashayat. The State Government should call for this report and initiate necessary action as fraud is being played upon the people of Orissa – the real financiers of the paper – by the Samaja occupiers. It would be wrong if the State stays a silent spectator.

Filed under: actionscript, Animadversion, Editorials, Employees' Issues, judiciary, law and order, media, news, orissa, politics, Uncategorized | Tagged: , , , , | Leave a Comment »

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