Cuttack, June 23: Orissa government today conceded before the high court that allocation of funds has not been possible for the Justice A.S. Naidu inquiry commission. The commission was appointed more than two months ago to probe the alleged assault of a judicial magistrate in Rourkela by policemen.

“As budgetary allocation of funds for the Commission of Inquiry is not immediately possible, a proposal for sanction of an advance of Rs 20 lakh from Orissa Contingency Fund has already been moved,” Bhaskar Sethy, additional secretary home department said in an affidavit.

“However, to meet the official expenses, the managing director of Orissa state police housing and welfare corporation has been instructed to pay an advance of Rs 10 lakh from the funds of the corporation,” Sethy said.

The affidavit said that a demand draft “in this connection will be issued” in the name of Kasinath Panigrahi (retired high court registrar), who had been appointed as secretary of the commission.

“The balance amount of expenditure is to be provided in the first supplementary statement of expenditure for the current financial year (2011-12).

If necessary the amount could also be provided from other government source as early as possible without making any dislocation in functioning of the commission for want of funds,” the affidavit said.

The alleged occurrence of the incident involving judicial magistrate (first class) Arun Patnaik and the local police took place on the night of April 2.

The state government filed the affidavit in pursuance of an order issued by the high court, which has been hearing a PIL on it after accepting a letter petition seeking “suo motu” proceeding on public interest”. D.N. Lenka, a member of the high court Bar Association had filed the letter petition.

The division bench of Chief Justice V. Gopala Gowda and Justice B.N. Mohapatra had, on May 18, directed the state government to immediately provide the Justice A.S. Naidu commission with necessary infrastructure and staff to start its probe.

The Orissa government had, through a notification on April 16, appointed the Commission of Inquiry consisting of Justice A.S. Naidu (a retired judge of the high court) to probe the matter.

However, till date, the official paraphernalia had not been completed for fixation of salary.

“The relevant file regarding appointment of the commission of inquiry and the secretary to the commission has been endorsed to the Finance department for concurrence. It is expected that the concurrence of Finance department would be received very soon”, the affidavit said, adding: “Thereafter, the salary of the Commission, the Secretary and Staff can be drawn and disbursed”.

According to the affidavit five persons including a section officer, a stenographer, a senior assistant and two peons have been appointed and four rooms allotted in the old Special Branch building in Cuttack for the Commission to hold office. But the home department is yet to provide the requisite furniture, computer and typewriter, etc for use in the office of the Commission of Inquiry.

The government in its notification had fixed Cuttack as the headquarters of the Commission but left open for it to hold inquiry at Rourkela or elsewhere as may be necessary for the purpose of inquiry/

“As per practice being followed in case of other Commissions of Inquiry, either a conveyance allowance of Rs 12,000 per month would be sanctioned in favour of the Commission or the Commission can ire a vehicle as per prevailing market rate, subject to concurrence of Finance department”, the affidavit said.