Odisha govt needs to appoint commission of inquiry, SIT to probe corruption by previous govt

In September 2024, Odisha Vigilance apprehended a Child Development Project Officer (CDPO), Jayashree Pattnaik, while she was taking a bribe of Rs 2,000 from an Anganwadi worker in Sundargarh district. Following the trap, Vigilance launched simultaneous searches on the properties of Pattnaik at two locations to find out her assets. In another case, recently, Odisha Vigilance apprehended Bhanumati Tudu, Assistant Engineer in Koraput district while taking a bribe of Rs 5000 allegedly for facilitating clearance of the Bill of the complainant for the construction of a cattle shed. Following the trap, Vigilance conducted searches at three locations linked to Tudu to assess her assets. These are two cases where two lady officials—one being a young tribal lady engineer-- were caught by state Vigilance for receiving bribes of small amounts. One cannot accuse the vigilance for what they did. Our officials need to be punished for corruption. They have to maintain high standards of integrity and act without fear or favour.

Also Read | Subhadra Yojana: '3rd phase Money transfer soon;' Check What to do if not Received Money

Shri Mohan Charan Majhi as Chief Minister will be completing four months in office on the 11th of October. These two instances of action against lady officials occurred during the incumbency of the Majhi government and should demonstrate the new government’s attitude towards corruption. The issue, however, merits a closer look. Majhi government marked the end of the BJD government with Shri Naveen Patnaik as Chief Minister for twenty-four years—close to a quarter of a century. The long era, however, was hardly aberration-free. Favours were shown in abundance, corruption spread exponentially, and discretion was exercised indiscriminately. What is worrying is the prevailing attitude of equanimity of the new government to corruption, favour, and financial mismanagement of the predecessor government. 

An attempt has been made to describe a few acts of commission and omission which are grave and serious enough to warrant the immediate formation of a Commission of Inquiry against the previous Chief Minister and others involved and the appointment of a Special Investigation Team (SIT) to act under the Commission to help the Commission to come to findings on each of the charges indicated below. Law is no respecter of persons and must apply equally to everyone. 
Supreme Court in the case of Anil Agarwal Foundation versus State of Odisha had observed that the State Government in utter disregard to the relevant provisions of the (Land Acquisition) Act, 1894 and the Rules, 1963 had acquired a huge tract of land to the extent of approximately 7000 acres of agricultural lands involving displacement of approximately 30,000 people. The Supreme Court further observed that (i) the land acquisition proceeding was initiated at the instance of the company and that the land was identified by the company and not by the Government of Odisha, and (ii) the alleged conversion of the company from a private company to public company was an attempt to get out of the relevant provision of the Land Acquisition Act and a malafide exercise by the company. Supreme Court further held that there was complete non-application of mind by the state government on environmental aspects as well as land requirements. Since there were two rivers flowing, if the lands were to be acquired by the company the control of rivers would be with them which would not only violate the Doctrine of Public Trust but affect residents of the locality at large. Large-scale construction for the proposed university would adversely affect the nearby wildlife sanctuary as well as the entire ecosystem and ecological environment of the locality which the State has the duty to protect. The Supreme Court had observed the following in respect of the non-application of mind bythe State govt on land requirement of the company: (i) the lands proposed to be acquired by the company were agricultural lands and thegovernment is holding public trust to deal with the land in accordance with law, (ii)  the government could not have considered such a proposal from only one company since others could have been interested in setting up university as well,(iii) no proper inquiry was initiated by the government while considering the proposalfrom the company, (iv) the government even handed over possession of government land (including gochar lands)which could have been used for public purpose, (v) the reduction in requirement of the company from 15,000 acres to 8,000 acres and finallyto 3837 acres showed that the proposal for exaggerated demand was with malafideintention on the part of the company – there was also no enquiry made by the government forascertaining the validity of the requirement of such large tracts of land. Supreme Court held that undue benefits that were offered and given to the company by the state government included (i) total autonomy to run the institute including immunity from reservation laws, (ii) all assistance in getting regulatory approvals from UGC/AICTE as well as Pollution Control Board, (iii) building 4 lane road from Bhubaneswar to the site, (iv)  make land use/zoning plan in the five-kilometre radius of the university boundary after consultation with the company, (v)  exemption from all state taxes, levies and duties,(vi)  arranging rapid EIA and EMP. Supreme Court held that the entire acquisition proceedings and benefits were vitiated by favouritism and violative of Article 14 of the Constitution. This clear indictment by the Supreme Court warrants prompt action against the Chief Minister and concerned officials.

Also Read | Odisha launches 'Gramodaya' for overall development of 10 LWE-affected districts

Chief Minister, Naveen Patnaik granted undue favour and pecuniary advantage to a private Eye Hospital by giving 10 acres of valuable government land in a central location of Bhubaneswar city at a nominal cost causing a loss of hundreds of crores of rupees to the government. A local Opthomologist of repute was not given even half an acre of land he had asked for to set up an Eye Hospital in Bhubaneswar. He was offered just 5000 sft of land which he declined. He now serves patients in his rented facilities.

Chief Minister, Naveen Patnaik permitted his Secretary, Pandian, to make extensive tours of the state. He toured by helicopter and plane, and hundreds of crores were spent from the public exchequer on flight expenses, on the podium, on tents, on mobilising crowd, on feeding. One District has reported expenditure of three crores on a programme of one day in October 2023. In January 2024 a report under RTI revealed an expenditure of over five lakhs on a helipad in Keondujhar for the visit of Pandian.  The cumulative expenditure on tours both for grievance collection and skill development programmes by Pandian would be about a thousand crores. Details have to be collected by a SIT within a month. The huge expenditure was a total waste and was primarily intended to help Pandian politically and make him the most important political leader of the ruling Party next to Naveen Patnaik. The entire responsibility rests on the Chief Minister.

Also Read | 25 years of uninterrupted BJD rule, Odisha village still living in the dark ages

The selection of a private party to run an air service between Bhubaneswar and Dubai, and Between Bhubaneswar and Singapore and Bhubaneswar and Bangkok was unwanted, and it was made with scant regard for public money. As per the arrangement, airfare collected by the operator would be given to the government and the government would bear the cost of viable operation. The arrangement was finalised in favour of the lone bidder. It is interesting that a commercial airline, “FlyDubai” was willing to operate the Bhubaneswar-Dubai route commercially. Why such a modality was not explored is not clear. The government has refused to disclose data on the generation of revenue and expenditure. It is a case of favour to a private party and an act of gross irresponsibility in managing the state’s finances. 

The appointment of an outsider, Manoj Mishra, as Secretary to the Government without advertising the vacancy was a flagrant illegality committed by the Chief Minister, Naveen Patnaik. An undue favour was shown by the Chief Minister. 
Almost all high-value contracts for urban water supply, urban sewerage disposal facilities, mega rural drinking water supply, and mega lift irrigation projects have been awarded to outside agencies. This calls for an investigation by the SIT. 
12.72 lakh ineligible persons have been favoured with the Kalia scheme grant amounting to Rs 782 crore which is a huge scam for gaining political advantage. Responsibility needs to be fixed and the amount recovered. 

A criminal case was filed by the vigilance against Prakash Mishra, a former DG Police with malafide intentions. Odisha High Court quashed the FIR and castigated the Director Vigilance for being more loyal than the king. Strangely state government engaged top lawyers of the country to file an SLP in the Supreme Court. The Apex Court rejected the application and refused to give relief to Director Vigilance on the adverse remarks by the High Court. Naveen Patnaik later appointed this police officer as DG Police despite the High Court’s view about him. The government has refused to disclose the expenses incurred in filing the SLP in the Supreme Court. This is a case of malafide exercise of power by the Chief Minister. 

Government of India had selected two large coal deposits in Odisha for a Coal-to-Oil project in the latter part of the 2010s. An inter-ministerial group was examining the issue of allotment and was considering offers of industrial houses and some public sector undertakings. While the process was on, Naveen Patnaik reportedly recommended two industrial houses ( JSPL and Tata Group) for the project without him having any role in the matter. This was reported in the Economic Times on September 19, 2012. It was a case of undue favour by the Chief Minister contrary to his constitutional obligation.

After the amendment of the MMRD Act introducing auction, the state government decided to accord renewal of lease to cases where lessees had all statutory clearance and accordingly 83 leases were renewed. However, an exception was made in the case of one lessee, Hargovind Pandya, for Jajang Iron Ore Mine in Keonjhar district though the lessee had no statutory clearance. An unmerited favour was shown by Naveen Patnaik. Officials involved in this along with the Chief Minister need to be probed. Shri Deepak Mohanty, a former Forest Officer, functioned without any government order as de-facto Special Secretary in the Mining Department, handled files, and recorded notes without official authority for almost two years in 2022-23 and 2023-24 after completion of his term as Advisor in Odisha Mining Corporation. This is a serious case of allowing a private person to access and handle government records and function as a senior official and merits a probe of the role of Secretary, Chief Secretary, Minister and Chief Minister. Just before or after the amendment of the MMRD Act introducing auction, 14 parties without any valid justification were given leases of precious stones. This needs a probe.

Also Read | Odisha government releases guidelines for appointment of private secretaries and OSDs

The above narrative lists only a few cases of favour, criminal wastage of public money, corruption, and misuse of power by the government of Naveen Patnaik. Once a SIT is formed, many more cases would come up. Is it not incumbent on the Mohan Majhi Government to come with heavy hands and break the backbone of Mafia Raj as assured during electioneering and not limit the crusade to the likes of Jayashree Pattnaik and Bhanumati Tudu?