Shah should keep his mouth shut

Posted on March 5, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak
Justice M.B.Shah heading a commission of inquiry is to probe into illegal mining in Orissa and several other States and to submit his report to the union government within 18 months of commencement of its first sitting as per terms of reference.

The ‘Terms of Reference’ need the Commission to do the following jobs:

i. to inquire into and determine the nature and extent of mining and trade and transportation, done illegally or without lawful authority, of iron ore and manganese ore, and the losses resulting there from; and to identify, as far as possible, the persons, firms, companies and others that are engaged in such mining, trade and transportation of iron ore and manganese ore, done illegally or without lawful authority;

ii. to inquire into and determine the extent to which the management,regulatory and monitoring systems have failed to deter, prevent, detect and punish offences relating to mining, storage, transportation, trade and export of such ore, done illegally or without lawful authority, and the persons
responsible for the same;

iii. to inquire into the tampering of official records, including records relating to land and boundaries, to facilitate illegal mining and to identify, as far as possible, the persons responsible for such tampering; and

iv. to inquire into the overall impact of such mining, trade, transportation and export, done illegally or without lawful authority, in terms of destruction of forest wealth, damage to the environment, prejudice to livelihood and other rights of tribal people, forest dwellers and other persons in the mined areas,and the financial losses caused to the Central and State Governments.

Nowhere the ‘Term of Reference’ has given any power to Justice Shah or any member of his team to vomit speculations in the public before TV cameras or while entertaining any media person, about whether or not political leaders are connected with the loot. He or any member of the Commission has, similarly, no right to say that bureaucracy is involved with illegal mining.

The Terms of Reference asks him to carry out many such jobs that include the responsibility to expose the persons responsible for illegalities to be unveiled.

Sadly, Justice Shah has started giving the impression that politicians, specifically the gang in occupation of power in Orissa is fit for a clean chit.

It would be proper for him to keep his mouth shut before coming to a final conclusion through investigation and submission of the ‘Report of Inquiry’ as his premature vomiting before the Press is likely to prejudice the investigating staff.

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Attempts to foil Health Minister’s assurance; only the rich to get safe blood!

Posted on March 5, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak

In reply to an adjournment motion moved by Opposition Chief Whip Prasad Harichandan on 1st September 2012, Health Minister Dr. Damodar Raut had assured that Orissa would adopt NAT PCR system to ensure appropriate screening of blood to avoid AIDS from transfusion.

A boy of only 17 months was found infected with AIDS by accepting transfusion of blood obtained from Muncipal Hospital Blood Bank, Bhubaneswar. The news was broke by orissamatters.com in 8 July 2012 and Sri Harichndan had very ably brought the matter to the attention of the Assembly.

Dr. Raut in his reply noted that people of Orissa have made monumental mark in blood donation and from 126076 units in 2000; blood collection has reached 307022 units in 2011. People’s eagerness to donate blood to save the lives of fellow citizens needs be equally honored by the government’s readiness to supply safe blood to needing patients through proper screening. Therefore, Dr. Raut said, in a meeting on 22 August 2012 the Government had consulted all the Blood Bank Directors and Officers in a conference and had taken a decision to jettison the rapid test method of screening and adopt ELISA method to screen out AIDS virus in the Blood Banks.

As Harichandan pointed out that ELISA is not the latest technology to screen AIDS virus, but NAT PCR is, the Minister had appreciated the position and had assured to adopt the latest method; for nothing is more valuable than human life and moreover, as patients’ confidence in blood banks would diminish if AIDS virus escapes the deficient screening. He however had declared that the method being costly, the State would start with four major blood banks: one each attached to the three Government Medical Colleges and the Capital Hospital Blood Bank. The facility would be extended to all the Blood Banks of Orissa in course of time, he had assured the Assembly.

The Budget of Health department placed in and awaiting approval of the Assembly has made a token provision for replacement of ELISA with NAT PCR in the aforesaid four Blood Banks.

But, the Finance department has planted a rider that the cost of NAT PCR screening should be collected from the patients. If the rider is not dropped, only the rich will benefit; because the poor patients cannot afford the screening cost.

The present Finance Minister was the Minister of Health when deficient screening through old method of ELISA had infested the seventeen months old child with AIDS and the Orissa High Court had punished the state Government with cash penalty of Rs.3 lakhs for supply of HIV infested blood to the boy without perfect screening. When he is the Finance minister, his department is asking the Health department to impose such a heavy cost on poor patients on accounts of NAT PCR that it will never be possible for them to get pure blood through perfect screening!

Should the poor people have no right to safe blood? Should the latest and the safest NAT PCR screening for which the government in the Health department has put budgetary provisions on the anvil of the Assembly be available only to the rich?

Should the Finance department be allowed to foil the most welcome welfare proposal of the Health department?

Should the Assembly allow its own anxiety for safe blood to patients be steered into benefit of the moneyed men alone?

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In NGT, ESSAR fails to sell lies

Posted on March 4, 2013 by Subhas Chandra Pattanayak

The Essar Steel Orissa Ltd (ESSAR) tried today to hoodwink the National Green Tribunal in the matter of forest clearance by saying that its project does not cover any forest.

A five member bench headed by Chairperson of the NGT Justice Swatantra Kumar dismissed the contention, specifically as the environmental clearance has mentioned of the quantity of forest land coming within the spread of the project; and further as, the environmental clearance was subject to grant of forest clearance.

The Bench extended the interim orders granted earlier in favor of the petitioners that have challenged laying of slurry pipelines inside the Baitarani River by a foreign company BRPL and ESSAR steel Ltd.

The Tribunal has taken strong exception over the companies’ digging of intake well on the heart of Baitarani which would obstruct natural course of water and disadvantage the riparian community. The Tribunal expressed deep concern over intake well dug inside the Baitarani River when pictures thereof were brought to its notice by the counsel of the petitioner Sri Bibhu Prasad Tripathi.

The matter would be heard by the bench on March 18.

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Naveen Govt. signs MoU with a ghost company, helps ESSAR use the same to its benefit

Posted on March 3, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak

The fraud Naveen Patnaik has partnered with a non-Oriya company called ESSAR Steel Orissa Ltd (hereinafter called ESSAR) is so monstrous that a Judicial Commission of Inquiry should be the minimum to probe into the offense in order to bring in discipline to errant administration.

ESSAR is facing environmental prosecution preferred by two responsible citizens of the State, Sri Sarbeswar Mishra and Sri Murli Monohar Sharma in the National Green Tribunal for having subjected River Baitarani to a stratagem of trapping through a huge intake well dug on her chest. But, action is essential against the government functionaries including the Chief Minister for injuring the people of Orissa with a MoU with a non-existent organization called Hy-Grade Pellet Limited and allowing ESSAR to use the same MoU to acquire Government Land, and to use public resources for its own benefit.

Now as the trapping of Bitarani is subjected to environmental jurisprudence in the NGT and there is every possibility of focus on the crime, ESSAR has dismantled the huge intake well it had dug on the chest of Baitarani. It is guilty of dismantling the corpus delicti of its crime when the National Green tribunal is hearing the case against the mischief.

The gory details of the offense, one believes, will come out in course of hearing before the NGT. But we are shocked to see that ESSAR has acquired huge public land and proceeded with construction of its plant, even though it has no authority to do so. The goriest part of the mischief is that it has not even signed the MoU with the State Government!

The fraud Naveen has subjected Orissa to, in this particular case, is grievous. He has made the Government in the department of Steel and Mines sign a MoU with HGPL on 21 April 2005 though by that date the company was not in existence and has forced Orissa officials to act on this MoU in favor of ESSAR!
Orissa Government officials have worked as its slaves in allocating it lands and allowing it to build up the intake well to trap Baitarani for its nefarious exploitation.

When the harmful stratagem of trapping the Baitarani was designed, it is Chief Minister Naveen Patnaik, who, being the minister of water resources, should have, as the custodian of public interest, acted against ESSAR. But, he didn’t act. Why he didn’t act against ESSAR, despite the discernible violation of relevant Laws, is a matter that calls for his explanation to the people.

He owes explanation to the people in many more matters.

Not accepting but acceding for sake of argument that the ESSAR is the same as HGPL, one deserves the Chief Minister’s answer as to why he has sat nonchalant when Laws of the land as well as its forests and Eco-systems are being raped by ESSAR.

He being a Chief Minister with limited powers to work under the Constitution guided by its Preamble, where from he got a carte blanche to gift away the water of Baitarani to a private firm when the River is not a creation of his Government; and the Government is not the owner thereof, but a mere custodian? And, why his Government failed to appreciate this position?

Why his government did not act to stop the construction of the illegal and unauthorized intake well, when people of different places living on the banks of Baitarani and dependent on her water, raised their voice against the illegality?

Why he did not support Sarbeswar Mishra and Murli Monohar Sharma when they, having all their democratic and peaceful attempts to save the Revered River Baitarani from being so brutally subjected to the traps of ESSAR gone unheeded to, finally preferred an application under section 18(1) read with Section 14 (1) of the National Green Tribunal Act, 2010, as responsible citizens devoted to public well-being?

Why has he not diligently acted when ESSAR has dismantled the intake well that obliterates the corpus delicti of the crime when the matter is actively under environmental jurisprudence before the nation’s Green Tribunal?

His decision as a chief minister to co-operate with ESSAR might have been driven by a desire to usher in an avenue of employment for the local public, as he has been claiming. But in reality the ESSAR system is designed to precipitate unemployment.

The ESSAR system would use Baitarani water to transport ores to inland destination through slurry pipelines is bound to do away with the scopes for road transportation.

Advocate Bibhu Prasad Tripathy, representing Mishra and Sharma in Case No. 89 of 2012 before the NGT says, drawing of water from Baitarani for transportation of iron ore through slurry pipelines and other industrial purposes directly violates environmental laws besides inflicting serious injuries on the riparian community. The Government of India in the Ministry of Environment and Forests, the government of Orissa in the Department of Water Resources, and concerned District Collectors-cum-Magistrates are evading “statutory obligations” casted upon them for protecting and improving the quality of the environment, he points out. Dismantling of the intake well is as illegal and arbitrary as construction of the same, maintains Advocate Tripathy.

When of late, his government has waked up to the cries of agriculture and has projected a special budget for agriculture, why has he been co-operating in industrial squandering away of the water of River Baitarani? Is the agriculture budget a gadget to befool the farmers?

When the MoU was signed on 21 April 2005, why was it not signed directly with ESSAR, but was signed with HGPL that had lost its life on 10 February 2005? What is the secret purpose behind this fraud?

The so-called MoU with HGPL, which Naveen administration has allowed ESSAR to use to its benefit, in its ‘General Clauges’ (G) (j), has made it a must for the State Government to withdraw all facilities offered to the company in case of non-implementation of the terms and condition, laid down under the MoU. Adherence to Environmental and Forest Laws by the Company is of cardinal importance therein.

But from communications from the Field Officers of the Government, it is seen that ESSAR has constantly contravened the Environmental and Forest Acts.

As for example, the Tahsildar of Barbil, in his report to the Collector and District Magistrate of Keonjhar, vide letter No. 3666, dated 19 October 2011 has mentioned, “there is a clear violation of the orders of the Collector for which action deemed proper may kindly be initiated against M/s Essar Steel Ltd”.

What was the order of the Collector that the Company (ESSAR) contravened?

To see the order, we go to the Collector’s communication No. 960/G & M of 4 August 2011 that tells ESSAR, “In this context, you are hereby noticed not to undertake any construction activities in the non-forest land till final approval orders of diversion of forest land for the project is received”.

It transpired from the same order of the Collector that ESSAR had not submitted any valid document “regarding permission for installation and construction of the project from the Government”. So, it was asked to “show cause with proof of documents” within seven days.

This information gives birth to another question: How in absence of valid documents regarding permission for installation and construction of the project” the Collector/ concerned officials have allocated lands for the project? Have they acted under telephonic instructions of somebody whose telephonic order is too powerful to be ignored? Who that somebody is else than the Chief Minister?

It deserves mention that there was no relevant response to the Collector’s notice; and obviously therefore, the Collector had to ask the Tahsildar to visit the spot and report if his orders were honored.

The Tahsildar visited the site of ESSAR project on 19 October 2011 and reported on the same day that “civil works like construction of boundary wall ……. was going on involving masons and laborers”.

So, ESSAR was caught red-handed by the Tahsildar while contravening the Collector’s prohibitory orders.

Why the Collector had to issue the prohibitory Orders?

This was because, he was forced to issue such an order under compulsion of circumstances, as the company continued to violate the Environment and Forest laws and “public complain” was rising in velocity at his end.

The company had earlier been booked under Orissa Forest Act 1972 for blatant brutalization of the reserved forests while proceeding with laying slurry pipelines sans any authority and legality.

From “show cause notice” issued by Forest Range Officer of Champua Range on 25 June 2011 vide No. 350, it transpires that ESSAR had excavated the soil and laid the slurry pipe line “without forest clearance” and had stored slurry pipes in Naibuga Reserve Forest in which “connection” OR case No. 67ch was instituted against it.

The Collector also mentions of OR case No. 66CH of 2011-12 under the Forest Act while confronting it with the following words: “Prior to obtaining the approval of Govt. of India, MOEF as required under Forest Conservation Act, your agency have already laid pipelines and started construction work in the non-forest land which violates point 4.4 of Chapter 4 of the guidelines of the F.C.Act, 1980 as the project involves both forest and non-forest land. ……………….. Also you have violated the condition at point 4.4 of the F. C. Act, 1980 by constructing a beneficiation plant over 80.0 acres of non-forest land”.

In his Memo No. 5758 captioned “violation of guidelines of Forest Conservation Act, 1980 by M/s Essar Steel Orissa Ltd” sent to the Chief Conservator of Forests on 6 July 2011, the Divisional Forest Officer of Keonjhar has informed, “In spite of repeated instructions, the user agency (ESSAR) has continued the work of laying slurry pipe line and construction of beneficiation plant in non-forest area violating the guidelines of Forest (Conservation) Act, 1980”.

On spot visit we found that it has also laid slurry pipe line on forest land and on public roads. At the top of all its illegal activities, it had constructed the huge intake well on the Chest of Baitarani, which it has now dismantled after NGT has taken up the case against it.

These are just a few samples of how the company has contravened the terms and conditions of the MoU signed with HGPL, if at all it is bound to the same.

Naveen Patnaik is required to explain to the public as to why his government has not withdrawn itself from the said instrument so far, in view of the stipulations laid down in the MoU itself.

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Orissa High Court directs DLO to complete action against the Samaja within two months

Posted on February 22, 2013 by orissamattersbbsr

A retired IAS officer Suresh Mantry, eager to ingratiate himself into the offshoot gang of Servants of the People Society that is facing a challenge from genuine officiating president thereof in a civil case before the senior division civil judge of Cuttack, had transferred and suspended Sub-Editor of Samaja, Sri Devi Prasanna Nayak who leads the employees as President of their only and recognized trade union apparently in a design to cow down the workforce when the known authority of SoPS Sri K.C.Tripathi had asked the employees not to honor the usurpers, in the month of February 2012. Sri Tripathi had nullified the orders passed by Mantry and holding him highly irresponsible, had put him out of service. Yet, Sri Nayak was disallowed entry into the Samaja premised by use of muscle power by Mantry. The employees of the Samaja had taken a decision to go on strike in protest against the illegal steps taken against their President; but Sri Nayak being a devoted follower of the ideals of Utkalmani Pt. Gopabandhu Das, had dissuaded the members of the trade union from going on strike and had preferred to move the labor machinery against the mischief.

The trade union – Utkalmani Newspaper Employees Association – through its General Secretary Subhas Chandra Singh moved the District Labor Officer Cuttack on 25 August 2012 to intervene as per labor laws. But the DLO – P.K.Mahapatra – was so discernibly subservient to the brand of IAS that Mantry was brandishing, he did not dare to initiate conciliation over the dispute raised by the TU. The offshoot gang of SoPS members, who, according to its officiating President Sri Tripathi has no legal locus standi, devised a shrewd method to keep Orissa officials browbeaten so that the police may not dare to act against criminal misappropriation of funds and other illegal activities of the gang. Under this design, a bunch of formers IAS and IPS officers some of them having headed the state administration as Chief Secretary and Director General of Police during their tenure, were recruited as advisors. And, the design has clicked so faithfully that, despite the High Court orders to the DGP, in Sourav Sahu case, the police is not taking any action against members of this gang such as Manubhai Patel for criminal misappropriation of Samaja funds and despite registration of Police cases on the basis of Tripathi’s allegations against crimes like forgery, breach of trust, tampering of SoPS records, illegal occupation of the Samaja, misappropriation of funds by production and sanction of false bills etcetera, the police is refusing to wake up. In the circumstances, the DLO (Mohapatra) was too overwhelmed under the blaze of the array of formers functionaries like Chief Secretary, DG of Police to take action against illegal victimization of Sri Nayak and other employees devoted to ethics and principles of their service and profession. Mohapatra even had openly confessed that he was at the verge of promotion and cannot dare to irritate the powerful people that have taken to their control, howsoever illegally be, a powerful daily like the Samaja.

In a situation like this, when the labor officer went on dillydallying the case, the Trade Union preferred a writ petition before the High Court of Orissa through its General Secretary Subhas Singh which was registered as WP ( C ) 2297 0f 2013. Going through the grievance of the workmen, a division bench of the Court comprising acting Chief Justice Hon’ble Justice P.Mohanty and Hon’ble Justice S.K.Mishra has directed the DLO, Cuttack to direct the SoPS “not to take any coercive action against members of the TU and to dispose of its dispute within two months.

Accordingly, after lapse of six valuable months, the DLO (a new officer) has instituted conciliation by an order yesterday.

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Orissa Government’s step-motherly treatment to farmers exposed in the Assembly

Posted on February 17, 2013 by Subhas Chandra Pattanayak

The Opposition exposed the step-motherly treatment meted out to farmers by the State Government in course of an adjournment motion on the necessity of bonus on paddy and pension to farmers, as on Saturday, while initiating the debate, Congress stalwart Santos Singh Saluja gave a detail picture of how the cultivators are being harassed by officials in nexus with private rice mill owners and paddy merchants.

The farmers are being forced to distress selling their products as officials in charge of procurement are not performing for reasons best known to them.

Quoting the State agriculture Minister, Saluja pointed out that during the period from 2000 to 2008, 2574 farmers had committed suicide under duress due to distress sale of their paddy as officials in nexus with millers did not help them with procurement. The crop insurance scheme not implemented in right earnest, in an industry-induced inclement climate, as standing crops succumb to calamities, disadvantaged farmers unable to repay their loans, are committing suicide, he pointed out reprimanding scathingly the government for its anti-people manners and short-sightedness.

Opposition Chief Whip Prasad Harichandan came down heavily on the government for suppression of the report of the Agriculture commission and for lack of industrial approach to agriculture and the state’s blatant failure to enhance incentive price of paddy. When in the last fifty years the price of gold and the rate of salary of the government officials have a 150 fold increase, the rate of paddy has gone lower in terms of devalued rupee, he said. The apathy shown to agriculture is precipitating suicide in the farming community so menacingly that there are at least three suicides per week in the state, he lamented.

Leader of Opposition Bhupinder Singh stripped the Government layer by layer for its total failure in the front of agro based industries. Far from creating any ventures in agro-industrial sphere, it has failed to maintain the cold-storage units, spinning mills, Sugar factories and other agro-industries established during the Congress regime, he observed.

Independent member Pratap Sarangi castigated the government for its lack of concern for the farmers when its extraordinary zeal for Vedanta and Sainik is enough to indicate how dubious has become the conduct of administration. He asked as to why the farmers shall not be ensured with pension when government servants and legislators are provided with pension.

In call attention over the issue, treasury-bencher Anant Das opined that the principal opposition party in the Assembly – the Congress – should prevail upon its own government in the center to ensure farmers with pension and support money for paddy. His colleagues Dr. Nrusingh Sahu, Prabhat Biswal, Prafulla Samal were almost of the same view.

In reply, agriculture minister Debi Pr. Mishra asserted that there is no negligence to agriculture from the side of administration. Suicide by members of the farming community cannot be attributed to official negligence to agriculture as no such allegation is based on evidences to such effect.

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Oath is co-terminus: Orissa Governor in illegal incumbency

Posted on February 16, 2013 by Subhas Chandra Pattanayak

Subhas chandra Pattanayak

assemblyThe budget session of Orissa Assembly commenced on the Valentine’s Day with M. C. Bhandare reading out his customary address as Governor of Orissa.

As he started addressing the House, he faced protests from the Opposition that culminated into a boycott.
The boycott by the Congress party proceeded from its protest against the insipid address of the Governor, as to it, that was nothing but vomit of the State Government’s vapid versions, aimed at reducing the House podium to a medium of its political propaganda.

But the BJP boycott was against misuse of the Assembly by Bhandare who has lost his legitimacy to address the Assembly.

Bhandare is discernibly the most controversial Governor the state has ever had. When he has failed to act as expected of a Governor in times of need of democracy, he has made mockery of the role of Chancellor of Universities to the detriment of education and embarrassment of educationists.

However, by not leaving the Raj Bhawan on completion of his term in August 2012, he has belittled the dignity of the post of Governor.

He has invoked Art.156 (4) of the Constitution of India which is a proviso to Clause 3 of the Article. It allows the Governor to “continue to hold office until his successor enters upon his office”. Bhandari is not entitled to take advantage of this proviso.

From the scheme of this proviso, it is clear that a person may continue in the office of the Governor till his “successor” enters upon his office. This means, when somebody is appointed to become the “successor”, but under certain circumstances he/she is taking time to join, the outgoing person shall continue to hold office during that transit period only. Otherwise, the Governor is to relinquish office at the end of stipulated term of five years, by handing over the charge to the Chief Justice of the State, from whom he/she had taken the oath of office under Art.159.

Both the Articles read together make it unambiguously clear that the Oath of Office a Governor is bound to be administered with at the time joining, is co-terminus with the term of his/her tenure of five years.

It is shocking that Bhandare is continuing as Governor sans a valid oath of office. And, the government of Naveen Patnaik, known for inability to understand the laws and ability to violate the laws, has allowed him to address the Assembly on commencement of its budget session.

Sad, the Legislative Assembly has been used by the State government as a slaughter house of Law relating to the Governor by allowing Bhandare to address it as the Governor when clearly he is in illegal incumbency.

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Techno Edn in Orissa in total disarray; BPUT forces Pvt. Eng. Colleges to convert ‘No Mark’ to ‘More Marks’

Posted on January 29, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak

The private Engineering Colleges in Orissa, with their well knit unity and dense solidarity, have such a strong nexus with the vice-chancellor of the BP University of Technology that, students who fail to fetch the pass marks in semester exams are being helped to pass out with distinction in special examinations. There are instances – and we in these pages have exposed such instances with evidences – that students having failed to clear their papers in regular semesters had passed in all the backlog papers with high marks in the special examination conducted by the University in single sittings.

special exam_BPUT copy
This has so much ruined the standard of techno education in Orissa that many of the so-called engineering degree holders from BPUT are not able to get any employment. The issue has rocked the State Assembly several times, but the State has not dared to promulgate a standard.

It has rendered Orissa techno degrees bereft of credibility and because of this, better students do no more prefer the State’s private engineering colleges. As a result, as against 44189 seats, only 17,947 students have taken admission this year leaving 26,947 seats vacant. Out of 102 private colleges, only 23 colleges have got at best 50 students each whereas a college has got no student when five colleges have less than 10. The trend is settled with 29% engineering seats lying vacant in 2009 with the vacancy rising to 50% in 2010 and to 60% in 2011.

But BPUT does not bother. Its VC and material members are gained over by private colleges that have taken money against guaranteed degrees to whosoever gets admission. Many of these students that have paid undisclosed heavy amounts against assured degrees have not thought it necessary to appear in semester examinations. Therefore they have not fetched any internal mark and therefore the colleges are not able to indicate what marks they have got. The BPUT is now forcing the colleges to amend their report and send them marks against students that have got no marks due to non-appearance in examinations.

In repeating its demand, as for example, in a notice on January 24, 2013, it has communicated the VC’s instruction that results would be blocked of the colleges, which do not sumbit internal marks by today (January 29, 2013). We prefer to quote the contents of the Notice below:

It has been observed by the undersigned that many colleges have not responded to the notice given earlier for providing internal marks of 4th Sem Examination (B.Tech / B.Pharm / MCA) both for students appearing regular as well as well as back papers. They are hereby informed to comply it immediately within 29/01/2013 through online entry (refer to the format / scheme prepared for same), without which the university shall be forced to block the results of the students of the respective institution. Please treat this most urgent and of highest priority.

We find that the colleges have already and timely submitted the internal marks. So why this notice and reminders thereof? This is because, the colleges have sent zero marks against students who have not appeared in examinations. But the vice chancellor is not willing to accept ‘zero’ as a number. His message is clear, that forces the Principals (as reporting officers) to give marks to even to students that have not appeared in semester examinations.

Many Principals are baffled, The College managements are forcing them to comply with the instruction of the VC and give ‘more marks’ against ‘no marks’ to students that have obtained ‘zero’ in concerned semester.

They fear, what would happen if a CBI or that sort of authority conducts an inquiry into award of marks to ‘future engineers’ despite their absence in examination. It is they, who will be held responsible for converting ‘zero’ to high value numbers, if and when an inquiry is conducted into how marks of high numbers could be awarded in absence of any examination appeared by the students.

Who would answer?
Will the Government wake up and examine this issue?

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SAT confirms the illegality we had exposed: CBI or CI investigation into conduct of the CM and Police Chief must be a Must

Posted on January 25, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak

With nullification of dismissal of the former Inspector-in-charge (IIC) of Pipili PS by the State Administrative Tribunal on January 17, I have no hesitation in saying that the Chief Minister of Orissa Naveen Patnaik and the Police Chief of Orissa Prakash Mishra had shrewdly collaborated with the Pipili felony of gang rape that ultimately exterminated the victim. Only a CBI or a Commission of Inquiry investigation into why the Director General of Police issued a legally untenable dismissal order to the IIC and why being the Minister-in-charge of Police, the Chief Minister had not objected to that, is now urgent to fix up responsibility as to who of these two top functionaries is guilty to what extent in the Pipili context.

As the DGP dismissed the IIC on January 24, 2012 in stark contravention of the very provision under which the dismissal was ordered, and as Orissa’s political and legal luminaries were conspicuous by their silence on this point, I had to post my views in these pages in public interest, on January 28, 2012, exposing how the dismissal was nothing but official protection given to the IIC with all the scope to get that nullified in appropriate court of law.

The SAT has now nullified the illegal order exactly as I had apprehended.

I had captioned my analysis as “Dismissal of former IIC of Pipili PS is a classic instance of how Naveen is hoodwinking the people”.

I had then written,

“The Director General of Orissa Police has dismissed the former Inspector-In-Charge of Pipili Police Station, Amulya Champatiray, for serious dereliction in duty that has endangered the life of a Dalit girl and ruined her family. The order is being used to hoodwink the people.

The guilt of Champatiray is discernible to naked eyes. So, people are happy over his dismissal. But the dismissal is discernibly farcical, because it is not legal and cannot survive the test of law.

Champatiray had protected the alleged rapists of Pipili by not registering FIR on receipt of the allegation of gang rape and of attempt to murder that has sent the victim into coma.

So, he deserves the severest of punishment and deserves no sympathy.

But, with the Chief Minister Naveen Patnaik as the Police (Home) Minister, his dismissal is crafted so cunningly that despite his offenses, he shall get back his service by challenging the order of dismissal in appropriate Court of law; because no Court will allow rape of the Constitution by any Governmental authority”.

The article is available here.

I am thankful to friends, specifically Prasanta Patnaik, to have supported me at that stage. But their views, despite being most relevant, also got ignored.

Now that the apprehension I then had expressed has come true by the verdict of SAT, which is the High Court in the matter of the government employees, it is necessary for the State to abstain from killing further time in untenable preferences to higher forum of law; because no court of law including the Supreme Court can make an illegal order legal.

After my analysis, were he ignorant about the law and really innocent, the Chief Minister, being the head of the political government, should have asked the DGP to withdraw the faulty order of dismissal and to proceed afresh in the matter by subjecting the IIC to domestic inquiry under necessary environment of natural justice and then to determine the dose of consequential punishment. By not doing this, Chief Minister Naveen Patnaik, whose party colleagues are perceived as culprits, had done his best to help the IIC escape the dragnet of law in the court of law.

It is therefore urgent that instead of raising meritless appeals in higher legal forum(s), the Chief Minister should institute an inquiry against himself and his Police Chief to prove them innocent of the conspiracy in that forum. Having instituted a commission of inquiry against himself, former Chief Minister of Orissa late R. N. Singhdeo had created precedence. Naveen should not shy at this precedence in this matter.

Filed under: Animadversion, Editorials, judiciary, law and order, news, orissa, politics, Uncategorized | Tagged: , , , , , , | 1 Comment »

Govt. mum on issues raised by ORISSA MATTERS; makes provisions to regularize illegal works of BRPL/Stemcor

Posted on January 18, 2013 by Subhas Chandra Pattanayak

Subhas Chandra Pattanayak

In these pages, on January 3, 2013, I had raised the question as to how Stemcor completed 95% of its Project sans entitlement, specifically in absence of a valid MoU.

Suppressing the fact that this London based foreign company will be the end beneficiary of the project involved, the Government of Orissa run by Naveen Patnaik had signed a MoU with a cover called Brahmani River Pellets Limited (BRPL) on 15 March 2007, which, when executed, would cause massive loss and disadvantages to the people, as shown in my article referred to above and a subsequent one published on 12 January 2013.

I had elaborated in those articles the illegalities committed by the company after lapse of the MoU on March 15, 2009.

Unidentifiable front men were engaged to browbeat me by hurling obnoxious words in form of comments, when the Government run by Naveen Patnaik was keeping mum on the company’s claim of completion of approximate 95% of the project sans entitlement.

The Government had to explain, how this foreign company working under a cover was admittedly carrying out its work for more than two years and three months till June 27, 2011 despite loss of validity of the MoU on March 15, 2009.

This was necessary for the people to know who in the Government acts a comprador to keep the eyes of administration closed to this company’s illegal activities.

Instead of explaining its inability to stop massacring of our biosphere by the foreigner Stemcor through its cover called BRPL in absence of a valid MoU, the government has promulgated a new guideline by notification No. 359 dated 15th January 2013 that aims at regularizing the company’s illegal activities.

The guideline at clause iv thereof says, “A fresh instrument will be signed allowing further time for establishment of the project after obtaining Government orders. The instrument will contain a clause providing that the actions done pursuant to the provisions of the existing MoU after expiry of the validity period will be treated to have been done as per the instrument”.

Readers now can use their sense of grasping to arrive at whether or not the State is running by compradors that make the Government dance to the tune of private companies, howsoever disastrous that be to the future of the State.

Filed under: administration, Animadversion, Editorials, law and order, news, orissa, politics, Uncategorized | Tagged: , , , , , , | Leave a Comment »

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