Orissa Matters

Orissa’s Higher Education Secretary is asked to dismiss a lady lecturer for committing crime against ten batches of Botany students

Subhas Chandra Pattanayak

I have put on records in my book captioned DANAR TOBADA the details of how Chief minister Naveen Patnaik could pet my close associate in Bhasha Andolan Pradyumna Satpathy to use him in sabotaging the unique movement for governance of Orissa in Oriya. The incumbent Secretary of HE, Bishnupad Sethi was the Secretary of the said department when Satpathy’s wife Manasi Sarangi was illegally reinstated as Lecturer, Botany in a new College, even thogh she had no entitlement to the job after remaining unauthorisedly absent for more than 10 years from her original college UN (Auto) College of Sc. & Tech, Adashpur, which had resolved to dismiss her and waiting for official approval. Sethi at that time had created an observation in the file, that she was not absent from duty, but was kept away from duty. Had I not intervened, she could have got unbroken service, which could have given her around a crore of rupees towards back wages, the de facto beneficiary being Satpathy.

Under the statute, she should have made herself available for the punishment of dismissal in the new College, but she is continuing to draw monthly salary from the government through the place of her posting. This illegality is continuing when the same Sethi has been posted the Secretary of the same department under orders of the Chief Minister.

I have addressed the following mail to the Secretary today with a copy thereof each to the Governor of Orissa, Chief Minister of Orissa and the Chief Secretary of Orissa seeking their intervention to do away with the continuing illegality.

Its Subject is: Continuance of contempt against the Governor’s order in the matter of Ms. Manasi Sarangi , illegally posted as lecturer in Botany in Shishu Anant Mahavidyalaya, Balipatna, Khurda

Order No. 9946 SG (ptn) from the Governor of Orissa dated 2.8.2019 to the Commissioner-cum- Secretary to Govt. of Orissa, Department of Higher Education, Bhubaneswar has been refered to.

Sir,

In enclosing my Memorandum dated 22.7.2019 in original, His Excellency the Governor of Orissa in his Order under reference had directed you to take needful action in the matter at your end and to send me the action taken report.

You have not yet done it.

In the said memorandum, my demand for action was in two matters:
1. In order to weaken Bhasha Andolan, the Chief Minister had purchased allegiance of one of my close colleagues, namely Pradyumna Satpathy by offering him fabulous financial rewards in form of backwages of his wife Manasi Sarangi, who, as a lecturer in Botany in the UN (Auto) College of Sc.& Tech., had abandoned her duties for more than 10 years. She was to draw stupendous amount of money as her backwages and therefore, despite objections of the Director, Higher Education, the then Secretary, HE, Sri Bishnupad Sethi had created a situation to reinstate her in service with retrospective effect by showing that she was never absent from duty, but was kept out of duty by the College authorities. I had wanted action against this design to save the State exchequer from coughing off huge money as illegitimate back wages to the wife of the saboteur of Bhasha Andolan, Mrs. Manasi Sarangi. Needless to say, I had pressed for the quashing of the order of reinstatement on the ground shown as continuance of her service on the basis of the crafted conclusion of ‘denial of duty’.

2. With her wilful unauthorised absence for more than 10 years, she had no legal right to remain in service. Therefore, she should be dismissed from service with retrospective effect from the date of her unauthorised absence, so that in future the State exchequer would not be forced to pay her salary and other benefits howsoever illegal.

From Memo No.18760/HE. dated 13.9.19 of the Secretary H.E., communicated to the Principal, Shishu Ananta Mahavidyalaya, Balipatna, Khurda, where Smt. Sarangi is illegally posted, it is established that she had remained absent from duty unauthorisedly for a period of more than 10 years without any valid reasons” (Para 5 of the Memo.). On the basis of this official determination, the subsequent Commissioner-cum-Secretary of the Department of HE, Sri Saswat MIishra had pronounced an ORDER on .11.9.19 which is worded as quoted below:

“The period of absence from 02.07.2008 to 23.07.2018 will be treated as breakage in service. She will not get any salary or consequential benefit for that period on the principle of no work no pay. This period shall not be counted for career advancement and pension.”

By this Order, the Secretary has erred against the State.

Law has not given any carte blanche to the Secretary of Higher Education department to contravene the stipulations laid down under Rule 72 of the Service Code that enforces the removal of employees after remaining on leave for a continuous period exceeding five years. When sub-rule (1) of this Rule stipulates that, no employee shall be granted leave of any kind for a continuous period exceeding five years, sub-rule (2) makes it a must for termination of employment, if the servant does not resume duty after remaining on leave for a continuous period of five years, or after the expiry of his/her leave remains absent from duty otherwise than on foreign service or on account of suspension, for any period which together with the period of the leave granted to him exceeds five years, he/she shall unless Government in view of the exceptional circumstances of the case otherwise determine, be removed from service.”

By ordering that there shall be no work no pay for Smt Sarangi for the period of her unauthorised absence, the Secretary has illegally granted her leave without pay, which contravenes the above quoted sub-rule (1) of Rule 72.

On the otherhand, allowing her to continue in the post where she was only to face the disciplinary action for removal from the job she had abandoned for more than 10 years, the Secretary has wilfully contravened the provisions of sub-rule (2) of Rule 72 of the service code.

Sir, I have reason to apprehend that you are sleeping over this illegality, because Smt. Sarangi’s husband is used by the Chief Minister to weaken the Bhasha Andolan.

You have, as the head of the executive government in the Department of Higher Education, a responsibility to ensure that laws of the land are not broken like this under political manipulation by dishonest fellows.

Therefore, I request you to dismiss Smt. Sarangi from service on the basis of the proven fact, that she had willfully abandoned her duties and had remained unauthorisedly absent from her duty for more than 10 years and thereby had committed serious crime against ten batches of the students of Botany that had admitted themselves in the UN (Auto) College of Sc.& Tech., Adashpur for proper education.

Thus saying, I have requested the Secretary to inform me of his actions in this matter.

I have concluded the mail with the words:

“I am deliberately sending copies of this mail to the Governor of Orissa, the Chief Minister of Orissa and the Chief Secretary of Orissa with a request that they may peruse this mail and do the needful to save the State from illegality so rampant as shown. I am specifically attracting attention of the Chief Minister to the apprehension spelt out in this communication that the Secretary of Higher Education is involved with the illegality under his pressure.

Orissa is lost in ‘Make in Odisha Conclave’: Naveen’s modus operandi dooms our furure

Subhas Chandra Pattanayak

Orissa is lost in the ‘Make in Odisha Conclave -2022’ with the State Government’s shameless assertion that it has succeeded in getting investment proposal worth 10.5 lakh crore of Rupees from the mega industries and commercial houses thanks to Chief Minister Naveen Patnaik.

The media, which should have discussed whether or not the Chief Minister’s modus operandi would doom the future generations of Oriyas by allowing the investors – all non-Oriyas- to denude their motherland of all the mineral reserves, which Mother Nature has created for them over millions of years. Naveen Panaik has kept the media muzzled with ads, rewards and largesse, like the pet owners muzzle their dogs as and when they find it necessary.

No media house of Orissa has told the people of Orissa as yet, that, all the Indusries to whom Naveen Patnaik is handing over the soil and natural resources of Orissa are non-Oriyas. Their industries and ventures shall give them unfathomable income at the cost of the nation of the Oriyas who shall have to acquiesce simply because the man they have elected to power is using Law to allow the private industries to rule over their fate.

Media has dazzled the people by highlighting that Naveen Patnaik has attracted 18785 delegates from 11 countries, such as China, Japan, Germany, Australia, Indonesia, Israel, Norway, Nepal, Bangladesh, Thailand and Singapore over and above the Indian tycoons.

People of the State in dire straits, 80% of the population living on heavily subsidized food grains and meals besides grant of funds like kalia are told by the media that the coneclave has fetched investment proposal worth 10.5 lakh crore of Rupees with the potentiality to employ 10,37, 701 persons. How this particular figure of possible employment has been arrived at is a connundrum that needs mathematical clarification. When such an assumption culminates in an exact figure, the matter breaths an offence dictionaries may describe as cheating.

The ‘Industrial Policy Resolution 2022’ that offers Orissa to private profiteers, industry and commerce, is in English and is never understood by 93% of the State population, who neither know nor understand ABC of the English Language.

Keeping the people of Orissa thus in dark, Naveen Patnaik has used his chief-ministerial power to convert Orissa to the citadel of non-Oriya industrialists like the Gautam Adani, Anil Agrawal, Laxmi Niwas Mittal, JSW group Chairman Sajjan Jindal, Ruias of Essar Capital and Tatas etc. As per official version, Orissa is having 96% of the chromite reserves in India. Though reckless mining in the regime of Naveen Patnaik has heavily reduced the natural reserve, Orissa has yet 23% of the coal reserves of India, 35% of the iron ore reserves, 53% of the bauxite reserves, 45% of the manganese reserves and 92% of the nickel reserves. This has attracted the avaricious eyes of industries under non-Oriya ownership, from other parts of India and foreign countries.

These mineral reserves are natural properties of the Oriyas and their future generations.

Naveen Patnaik, given power for five years, is squandering away what should be the propertie of the Oriyas even after million years.

Why is he doing this?

We find a possible answer in what Orissa’s first Chief Minister Nabakrushna Chowdhury had told more than seven decades ago, hinting at Naveen’s father Biju Patnaik.

While addressing the inaugural function of Gandhi Tattva Prachar Kendra at Balasore on 14 July 1963, Chowdhury had told the nation that for amassing personal wealth, fellows in power are giving away mineral reserves of our soil to private profiteers for payola.

“Huge amounts are raised at the time of elections from big mine-owners and other rich businessmen for which no detailed accounts are kept. These persons who raise such contributions on behalf of the party, distribute amounts to different candidates and keep a portion of the funds raised for their own institutions or their own factions and also appropriate a portion for their ownselves. Thus a separate fund is created and except some party leaders no one ever asks for detailed accounts of such funds”. (Annexure 1 to the Report of the Commission of Enquiry headed by Sarjoo Prasad, Archival Ref. No. R3-1/1545 , Orissa State Archives).

BJD’s eletioneering blitzkrieg that dazzled Padmapur in the just concluded by-election is enough to give us an idea about how highly astounding would be the amount of expenditure in the general election-2024 for Naveen Patnaik to retain his position. So, he needs money, and unfathomably stupendous amount of money.

Those non-Oriyas that are eager to acquire Orissa for their empires are capable of paying whatever amount Naveen may require.

Orissa’s future is doomed, unless the people defeat the design of Make in Odisha Conclave-2022.

If this apprehension is incorrect, and Naveen has no motive to fetch payola, he should put the entire proceeding of the conclave in abeyance till a new government takes over, a new plan is drawn to the total satisfaction of the people of Orissa as to what extent minerals and other natural resources of Orissa could be given to Industry & Commerce and how to ensure zero pollution because of the industrial-commercial activities.

I will wait to see how the genuine Oriyas in BJD react to this post.

Scheduled Tribes are strictly not Hindus

Subhas Chandra Pattanayak

A dispute before the Supreme Court raised by a woman of Scheduled Tribes of Orissa has brought to light the fact that members of the scheduled tribes are strictly not Hindus, even though the practitioners of Hinduism have been claiming them to show the numerical strength of their religion.

Kamala Negi, daughter of Chakradhar Negi, Mouza Kopsingha in the District of Sundergarh was denied her share of compensation against acquisition of land belonging to her late father, as the Hindu Sccession Act, 1956 bestows upon daughters the equal right with the brothers over properties of deceased parents. With her prayer rejected from the level of the Land Acqquisition Officer to the High Court of Orissa, she had moved the Supreme Court in CIVIL APPEAL NO. 6901 OF 2022.

Delivering the verdict on the 9th this month, a Bench comprising Justice M. R. Shah and Justice Krishna Murari have dismissed the appeal on the ground that the statute that guarantees equal shares for male and female heirs as per the Hindu Succession Act is not applicable to the Shedules Tribes under Section 2(2) thereof.

Section 2(2) of The Hindu Succession Act, 1956 says, “Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of Article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.”

In view of this, while expressing dismay over its own inability to grant the appeal, the Appex Court has urged upon the Central Government to consider if the Hindu Succession Act could be amended to cover the Schedule Tribes.

“Though we dismiss the present appeal, it is directed to examine the question by the Central Government to consider it just and necessary to withdraw the exemptions provided under the Hindu Succession Act in so far as the applicability of the provisions of the Hindu Succession Act to the Scheduled Tribes and whether to bring a suitable amendment or not”, The Court has noted, while concluding, “We hope and trust that the Central Government will look into the matter and take an appropriate decision taking into consideration the right to equality guaranteed under Articles 14 and 21 of the Constitution of India. This concluding para of the judgment is based on its anxiety to ensure equal right of the daughters in the scheduled Tibe communities over the propertie of deceased parents. “When a daughter belonging to a non-¬tribal is entitled to the equal share in the property of the father, there is no reason to deny such right to the daughter of a tribal community” the court observed.

Be it so.

But the fact which is of much interest to our societal structure is that, the people belonging to Scheduled Tribes are not included in the Hindu Succession Act, which meaans, they are not Hindus.Subsection (1) of Section 2 has defined Hindus by pinpointing its application (a) to any person, who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj, (b) to any person who is a Buddhist, Jaina or Sikh by religion, and (c) to any other person who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed”. This definition or extended definition doesnot put clearly the Scheduled Tribe Communities under the category of Hindus.

It is important to note that when the Hindu Succession Act was framed and promulgated, Pt. Jawaharlal Nehru was the Prime Minister and Charu Chandra Biswas CIE was the Law Minister of India. Both of them were great lawyers and knew well the meaning of keeping Scheduled Tribes out of the ambit of Hindu Succession Act.

Life time achievement in ruining Orissa: Prof. Bijoy M. Mishra asks Naveen Patnaik to “resign”

Subhas Chandra Pattanayak

Mr. Justice Ananga Kumar Patnaik, Retired Judge of the Supreme Court of India, who heads a Delhi based NGO styled Capital Foundation Society, has not yet said the people of this State what exactly prompted him to confer on Orissa’s Chief Minister Naveen Patnaik his society’s “life time achievement award”, when Orissa is in ruins under his misrule. But Prof. Bijoy M. Mishra of Havard University, a no less distinguished Oriya, has told Naveen Patnaik before the people of Orissa what harm his life time achievement has done to our State in an open letter.

The noted scientist, son of Orissa’s legendary revolutionary Manmohan Mishra, form 180 Bedford Road, Lincoln, Ma 01773, USA where he resides, has expressed severe anguish over the sad state of affairs in Orissa. I will editorialize some relevant extracts from his mail, dated October 24, 2022.

Assume responsibility and resign

“I was in Odisha on relief work during the super-cyclone of 1999 and did notice the utter chaos and mismanagement. I was happy that the non-Congress party took power and you assumed the leadership. (But) with utter sadness, I am writing this letter in 2022 to request you to relinquish your position for the welfare of my State and of my people. As a school boy, it was a pleasure to meet your father; as an adult I feel ashamed to accept you as the leader of my State. I am writing this letter in English, since I am pained to learn that you have failed to learn the language of the people after twenty years in rule. Your attempted expressions in my language appear as a mock to the great language and as disrespect to my people in Odisha. With the law and order reaching an all-time low in the State, I request you to assume responsibility and resign from the position of the Chief Executive”.

Doubtful intellectual ability

Shocked to watch how Sri Patnaik offends the nation of Oriyas in the matter of their language, Prof. Mishra has told him:

“I happened to witness you in 2020 through a TV news channel when I was stuck in Bhubaneswar because of the Corona epidemic. You were trying to speak in my language with atrocious distortion. I learned that you were reading a Roman script and pretending to speak in my language. I suspected your intellectual ability in basic learning.”

All the progress demolished

“I am appalled by the lack of fundamental sophistication in the Administration. Odisha is a State of great ancestry, people being renowned for their productivity, bravery, independent thinking and artistry. Because of her utter disdain for foreign rule, she was neglected by the British leading to its total exploitation and devastating famines. Odisha reconstituted and became the first Language State in India in 1936. She tried to crawl her steps to reconstruct her lost glory by many worthy people’s efforts in creativity and originality. It is unfortunate that all the progress in language, literature and culture has been demolished by your total disrespect to the traditions and the culture of the State.”

No experience, no study

“You did not have experience in governance and did not study hard to learn. Many of your people in charge can hardly construct a full meaningful sentence in any language.

Ministers & Officers in racketeering

“Ministers and officers are engaged in racketeering, crime and sex scandals. Your administrative process has been to siphon public funds to your political party via private vendors in the name of contractual work. While you have done some such projects in a few urban centers, the basic infrastructure for people continues to be in the ruins.

Borders under intruders,Voters under intoxicants

“Some of the border areas are being encroached and occupied by cunning intruders. Your party succeeds in manipulating the electoral process through crime, money and vandalism. Free distribution of food, alcohol and cash in search of votes as a technique has made people in the State idle, unproductive and sick. While the minerals from the State are shipped out to create income, there is no public sector activity to generate employment. Unemployment in the State runs high leading to crime, fraud and violence.

Immoral people in uniform

“But the policy of creating revenue through liquor and drugs has caused a disaster to my State. There is theft, burglary, rape and killing in public. Police either are unable to take notice or suppress evidence. They could be inept or are ordered to keep quiet. You have failed to provide basic protection to an average citizen in the public. I learned that you hold the portfolio for the police. You should walk alone near your home to feel the pain of an average person in the State. I request you to release my State from the immoral clutches of some people in uniform, who are corrupt to the bone under your supervision. I feel pain to report that many appear to be intoxicated while on duty.

Impudence

I was waiting to see if Sri Naveen Patnaik reacts. But, he has no reaction.

Prof. Prakash Chandra Pattanaik of Delhi University, on whose authentic arguement Oriya Language bagged the status of Classical Language, had informed Naveen Patnaik in his mail dated March 01, 2014 that the Official document claiming Classical Status was put before him as a member of the Expert Committee by a private organization as its own report, thus creating a parallel copyright against the official copyright. Requesting the Chief Minister to look into this matter as it was “creating doubt of serious lapses somewhere”, Prof. Pattnaik was expecting that Naveen shall take appropriate steps to preserve the State’s copyright. Naveen had no action.

Impudence is the only Mantra he practices to stay safe in power, one feels.

Shouldn’t Mr. Justice (Rtd) Anang Kumar Patnaik weigh his award to Naveen Patnaik against the reality he has been confronted with by Prof. Mishra?

Padmapur rejected BJP because of its anti-Orissa conspiracy

Subhas Chandra Pattanayak

Official announcement of by-election results will not affect what has happened in Padmapur. BJD has won.

Considering experience and efficiency in law making and dealing with financial Bills and other legislative businesses, Mr. Pradip Purohit of BJP was certainly the better than the BJD greenhorn. Why then Mr. Purohit got defeated?

The reason is very clear.

People of Padmapur have rejected BJP for its anti-Orissa conspiracy.

Padmapur belongs to that area of Orissa where linguistic nationalism of the people had forced the British to restore Oriya as the official language, an epoch-making development that contributed emensely to emergence of Orissa.

From the Vajpayee days the BJP has been trying to devide this Orissa, so that a new State under grip of non-Oriya business community – its committed supporters- could come to its fold in politics of power.

Children of Mother Orissa, conscious of how the separatist movement fuelled by BJP is designed to harm their identity as Oriya, silently but resolutely rejected the BJP candidate.

The Congress in blatant disarray, the most corrupt and incompetent political party – BJD – became the hobson choice.