Appeal made against D.M. for not providing information



Welcome UPICR20240000149

UTTAR PRADESH INFORMATION COMMISSION

Second Appeal under section 19(3) of the Right to Information Act, 2005

Appeal Registration Number - A-20240401203

Appeallent's Particulars

Applied Date : 15/04/2024 05:16:03 AM

Name Yogi M P Singh

Gender Male

State UTTAR PRADESH

District MIRZAPUR

Town/Village मिर्जापुर

Pincode 231001

Mobile Number 7379105911

Email yogimpsingh@gmail.com

Address सुरेकापुरम कॉलोनी जबलपुर रोड मिर्जापुर सिटी

Department

Department REVENUE DEPARTMENT (District)

Division Mirzapur

District Mirzapur

Office Revenue Department,Mirzapur Distrcit

Details of Request for obtaining information under section 6(1) of RTI Act, 2005

Date of RTI application under section 6(1) 24-01-2024

Is the Applicant below poverty line? No

Section 6(1) Application No. DMOMR/R/2024/60009

Section 6(1) Transaction ID DMOMRR20240000000009

Action Taken by Public Information Officer(PIO)

Answer of P.I.O. Answer incomplete/unsatisfactory/false/misleading etc.

Date of PIO Reply 31-01-2024

Public Information Officer Details

PIO Shakti Pratap Singh Tehsildar

Address Public Information Officer Office - Revenue Department,Mirzapur Distrcit

Pincode 231001

Mobile Number 9454416823

Email teh-sadar.mi@up.gov.in

Details of First Appeal

Date of First Appeal application under Section 19(1) 31-01-2024

FAA Asha Ram Varma SDM

Address First Appellate Authority Office - Revenue Department,Mirzapur Distrcit

Pincode 231001

Mobile Number 9454416810

Email sdm-sadar.mi@up.gov.in

FAA Address Details

Answer of First Appellate Authority (FAA) There is no answer

Date of Order ---

Remarks

Relief sought under Section 19(3)- Second Appeal of the Right to Information Act, 2005 Please direct the public information officer Mirzapur to provide information to information seeker instead of procrastination and escaping from providing information on flimsy ground

Other Supporting Documents

Document-1 Details Appeal status

Document-2 Details supporting document

Hearing Option

Hearing Type Online

Online Hearing Mobile 7379105911

Online Hearing Email yogimpsingh@gmail.com

Declaration

 I hereby state that the information and particulars given above are true to the best of my knowledge and belief. I also declare that this matter is not previously filed with this commission nor is pending with any Court or tribunal or authority.

Documents Enclosure

Scanned copy of the signed second appeal u/s 19(3) of the Right to Information Act,2005

Document-1

Document-2

Copy of PIO Reply

Copy of RTI Application under section 6(1)

Copy of First Appeal under section 19(1)

To 

        Chief Information Commissioner/ Companion Information Commissioners

                  7/7A, RTI Bhawan, Vibhuti Khand, Gomti Nagar Lucknow, Uttar Pradesh, PIN Code-226010

Details of the appellant-Mohalla Surekapuram colony , Jabalpur Road, Sangmohal post office, Districts Mirzapur, Pincode 231001,State Uttar Pradesh, Mobile number 7379105911

Details of the respondents-

1-PIO of Public Authority approached Shakti Pratap Singh

Designation Tehsildar

Phone No 9454416823

Email Id teh-sadar.mi@up.gov.in, PIN Code-231001

2-Concerned Appellate Authority Asha Ram Verma

Phone No 9454416810

Email Id sdm-sadar.mi@up.gov.in, PIN Code-231001

Prayer- Public information officer Denied information by taking recourse of Rule 4(2)(a). First April authority did not entertain the appeal so action must be taken both public information officer and first appellate authority.

Short submissions of the appellant are as follows.

D.M. Mirzapur denied government orders sent by administrative reform as not received in office concerning disclosure of assets. Which means government order for voluntary disclosure of assets by the provincial civil servants is only on paper and has not been an integral part of the working of the accountable officers who are monitoring the compliance at the district level.


From the following status of the submitted RTI application it is quite obvious that the appellant submitted RTI application on 24th January 2024 and this application was rejected by the public information officer on 31st January 2024 arbitrarily without taking the perusal of the submitted RTI application and attached document to it.

Reason for Rejection: - Rule 4(2)(a).

Remarks: - . The information sought should be a part of the record held by or under the control of the public authority concerned.

According to the public information officer whatever information has been sought by the information seeker has not been made correspondence in the office of district Mirzapur even when the entire details provided, and documents attached to the RTI application by the appellant.

प्रेषक, धनन्जय शुक्ला, विशेष सचिव, उत्तर प्रदेश शासन।

Subject: - Regarding filing of annual movable and immovable property statements by the officers of Uttar Pradesh Civil Services (Executive Branch) through online mode on Sparrow portal.

Sir, please refer to pages 4 and 5 of the PDF documents attached with this application. The government order was sent by Dhananjay Shukla, Special Secretary of the Government of Uttar Pradesh on 4th  January 2024.

This mandate is addressed to the Chairman Revenue Council Uttar Pradesh Lucknow, all Additional Chief Secretary, Principal Secretary, Government of Uttar Pradesh, all the heads of departments and chief office heads, Uttar Pradesh all the divisional commissioners of Uttar Pradesh, the District Magistrate of Uttar Pradesh.

It is most unfortunate that the public information officer in the office of district Magistrate Mirzapur is so incompetent that he could not understand the contents of the RTI application ipso facto.

Here appellant is not seeking information of the property of the public staff but seeking information concerning the compliance of the government order which has to be followed by 31st January 2024 by entire provincial civil servants in the state and district magistrates, commissioners and other departmental heads had to be instrumental in compliance of the government order concerning the disclosure of assets blatantly by provincial civil servants.

Undoubtedly it is a precarious situation that the public information officer in the office of district Magistrate Mirzapur could not understand the RTI application and rejected the application arbitrarily on the flimsy ground which is a mockery of the provisions of right to information act 2005.

The Right to information act 2005 was introduced by the government of India to promote transparency and accountability in the working of the public authorities but because of corruption in the public offices provisions of this act are being violated time and again by the public information officers.

This is a humble request of your applicant to you Hon'ble Sir that how can it be justified to withhold public services arbitrarily and promote anarchy, lawlessness, and chaos arbitrarily by making the mockery of law of land? There is need of the hour to take harsh steps against the wrongdoer to win the confidence of citizenry and strengthen the democratic values for healthy and prosperous democracy. For this, your appellant shall ever pray for you, Hon’ble Sir.

Date-15/04/2024                                                Yours sincerely


                                     Yogi M. P. Singh, Mobile number-7379105911,

Mohalla- Surekapuram colony, Jabalpur Road, District-Mirzapur, Uttar

 Pradesh, PIN code-231001.

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