EMN
Dimapur, February 20
The Nagaland Voluntary Consumers’ Organization (NVCO) has said that it has received documents which detected financial irregularity and project/public funds meant for payment in civil deposit (CD).
NVCO said, the Nagaland Government Registered Class-1 Contractors’ Union (NGRC-1 CU) is working on it and would continue to promote transparency in the profession especially in tendering process by using the RTI law as the best weapon to fight for fairness to ensure good quality of work in public infrastructural works be it roads or buildings.
Press & Media Cell, NVCO in a press note said, the contractors’ union created a history in the implementation of Right to Information Act, 2005 in Nagaland by filing the first 5 cases before the Nagaland Information Commission on appeal represented by its president K.C. Angami and union legal advisor Kezhokhoto Savi, advocate.
The Nagaland Information Commission was constituted on 14th March, 2006 with Talitemjen Ao IAS(Rtd Chief Secretary to the Govt. of Nagaland) as the first State Chief Information Commissioner along with Rev. Dr. W. Pongsing Konyak and Dr. Kuhoi K. Zhimomi as State Information Commissioners.
Nagaland Voluntary Consumers’ Organization(NVCO) said it has been doing a study on the use of RTI Law across the state to find out the impact of RTI in Nagaland for the last 10years by way of conducting awareness campaign, interaction, following media reports, interviews, etc.
And in the course of this study, the NVCO came across both positive and negative impact such as there are success stories to the extent that had there not RTI been implemented in Nagaland someone’s career may go wasted pointing out the story of a young girl who participated both written examination and interview for a single post conducted by a department, government of Nagaland.
“She was confident to be selected for the single post of a government job as she had done well. But when the result came out another candidate was selected and had even been appointed. This young girl was sharing to her friends that she could not succeed in the selection exam for the said job saying that the competition is very high in Nagaland and she has decided not to attempt any more exams in future. She was not having any suspect of unfair means in the said selection process and she shares her mind that her excellent academic records may go wasted and she became aimless in life. However, her friends insisted to file an RTI application to the PIO of the department to furnish the record of performances of all the candidates both written examination as well as interview. At first she was reluctant but then she had just filed an RTI application as insisted by her friends. When the PIO furnished the demanded documents/record to her as per RTI provisions it appears that her written marks examination alone was more than the marks secured by the selected candidate of both written and interview and it also appears that the interview Board had marked her as ‘absent’ on the interview day. Now this young came to believe that ‘Information is Power’ and based on documents received through RTI she had submitted a representation to the department stating that as to how her presence on the interview day was marked as absent when she was very much present and no doubt she did well and she demanded to bring all the members of the said interview Board to justify her absence.”
“The government department as well as the interview Board could not justify their wrong doing and therefore, the selected/appointed candidate was terminated and the young girl was appointed to the said post. No doubt this young girl was smart, intelligent and hard working and later on she qualified the examination conducted by the Gauhati High Court, Kohima Bench and served the High Court as a staff for sometime but and again she was successful in the civil services examination conducted by Nagaland Public Service Commission (NPSC) and got into EAC and now she is serving the same government i.e Govt. of Nagaland whom she was victimized earlier as an administrator. And on the other side, the NVCO has also came across a good number of cases misusing the RTI law such as using for personal gain, harassing the Public Authorities, threatening, filing just to negotiate with some financial benefits, taking money and withdraw the RTI application, the public authorities bribing the applicants and attempted to bribe the applicants, etc. as once said by the former Chief Justice of India KG Balakrishnan – “the Right to Information (RTI) Act was grossly misused.”
NVCO said, it is time for introspection on the five-year-old RTI Act not for public good, but for misuse.
“It is not that we need to abolish or discard the RTI Act. But some changes have to be made to prevent the misuse. The RTI law should help to ensure equitable and inclusive growth.” However, the awareness of RTI is still low in the state, lack of transparency and accountability encourages the government officials to indulge in lower investments due to misuse or diversion of funds for private purposes. And in this regard RTI Act can be use as the best weapon which can reduced corruption to a great deal because Government is aware of the fact that now it can be asked for any type of information so it needs to be cautious. Few organizations in the state such as ‘Youthnet’ – a pioneer in creating RTI awareness have been taking the lead involving people from all walks of life to use the RTI Act as a tool to get justice.”
The Nagaland Voluntary Consumers’ Organisation(NVCO) in its exclusive interview with K.C. Angami in whose presidentship the Nagaland Govt. Registered Class-1 Contractors’ Union(NGRC-1 CU) filed the ‘first’ 5 cases before Nagaland Information Commission where he commented that the credit goes to legal advisor Kezhokhoto Savi, advocate in whose initiative and influences the union members came to learn the RTI law as well as the value in whom the way one uses RTI law to promote transparency and accountability even in contracting with the government departments for infrastructural developmental works.
“The union had conducted few seminars on RTI exclusively for its members and we are also grateful to the Youthnet for being resourced person in one of our RTI programs. Many of us may not be highly educated or qualified as contractors but when it come to RTI law I can admit to some extend that we are advanced in this subject and we as a union decided to file RTI application to all the government departments dealing with the contractors in the contract works and I am very happy to learn that our union could filed the first five cases in the history of Nagaland Information Commission on appeal. Our legal advisor Kezhokhoto Savi who is a man of principle, honest, expert in RTI laws and love for the people to fight against corruption worked so hard in the preparation of so many RTI applications and following till the disposal by the Nagaland Information Commission. RTI applications may also be rated as first or second in filing an RTI application to the PIOs, Govt. of Nagaland. Some of RTI applications were filed in the month of August, 2007. And at that point of time some departments were not having designated Public Information Officer (PIO) and some were not even aware of RTI Act being implemented in Nagaland. Almost all the PIOs did not respond to our first batch of RTI applications and therefore, our legal advisor have to go another marathon race in the preparation of appeal petition to the Appellate Authorities and follow further formalities or procedures. Few departments could furnish information but not satisfied and several of them went on appeal to Nagaland Information Commission. Several of the PIOs in our appeal were penalized by Nagaland Information Commission for the delay of furnishing information as per the RTI Act, 2005.”
“As contractor this RTI law is also checking us in the contract with government for infrastructural developmental works especially in tendering process and in the manipulation of rates. This law is good for honest citizens but may not be convenient for unscrupulous citizens. However, despite of yet to designate a PIO in the office of the Director General of Police, Nagaland, this was the only department in our first batch of RTI applications who could furnish the information within 30 days in regard to the construction of Permanent HQ for 9th NAP(IR) Battalion at Saijang where the RTI application demanded copy of Notice Inviting Tender(NIT) with clips of all the newspaper advertisements, copy of work order, bills of quantities, contract agreement, comparative statement of tenderers, etc. Based on the documents received through this RTI application a Book of 165 pages in A4 size entitled – “Violation of Tender Norms of NPWD & CPWD Code in awarding of work to M/s Singh Construction Co for 9th NAP (IR) Bn. at Saijang prepared & initiated by Kezhokhoto Savi, advocate who is also the President of NVCO and a renowned RTI Activist was published and submitted by NGRC-1 CU and NCSU to the Chief Secretary to the government of Nagaland. This Book also contains with the works of construction including Assembly Complex, Kohima, PCCF Office Complex, Police Headquarter Complex, Medical Directorate Office building, etc. The discovery of the highly violation of all ethics of technicality was that few contractors were given the work without the call of open tender and allowed to work with 1117% above the SOR(Scheduled of Rates) and the others were allowed maximum 150% above the SOR. This book was sold to union members at Rs.1000/- per book but a good number of books were submitted to all department concerned including the highest government offices and freely given to several students’ union, women, technocrats, youth, civil societies, public organizations, etc.”
