Many speakers objected to the provision of two-stage appeal provided in the Orissa Draft Bill (Clause 7) on the ground that they are time-consuming and counter-productive from a common citizen's viewpoint. Ms. Biraj Swain of CARE, Orissa opined that it would be meaningless on the part of the aggrieved information-seeker to lodge the first appeal ( 7a ) before the immediate boss of the 'person' concerned, since in the present bureaucratic system, the immediate boss would but uphold the decision of his subordinate aganst whom the complaint was lodged by the aggrieved citizen.
Sri Rai Charan Das, out of his long experience in the administration, felt that the departmental proceedings as suggested in the Draft Bill ( Clause 7a) would be utterly futile in respect of bringing to book the recalcitrant 'public servants', since the so-called departmental proceedings while consuming away a long time end up in big fiascos, and ultimately go in favour of the 'public servant' against whom the departmental proceedings were drawn.
Similarly, the provision for appeal to Lokpal ( Clause 7 b), according to Mr.Das, would be impracticable since the one-man office of Lok Pal cannot possibly dispose of numerous appeals in time, that might arise from different parts of the State on Right to Information litigations. Sri Das suggested that the procedure of disposal of appeals should be one-stage and summary in nature, keeping in view the interest of common man, who has neither time nor resource to spend after lingering litigation. Here also the existing provisions of IPC relating to penalty for providing false information, should be relied upon.
While the consensus was in favour of a single appeal and the procedure of its disposal to be made summery in nature, the determination of its exact modus operandi including the particulars of the appellate authority need be made on the basis of further consultations involving the judges and laywers of SAT/CAT and High Court, the heads of concerned Government Departments dealing with the conduct of Public Servants and informed citizens.