Eastern Mirror: Dimapur: Sunday, February 21, 2016.
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.”
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