Appeal submitted against Assistant Labour Commissioner Mirzapur for providing misleading information

Welcome UPICR20240000149

UTTAR PRADESH INFORMATION COMMISSION

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

Appeal Registration Number - A-20240600170

Appellant's Particulars

Applied Date : 03/06/2024 04:20:09 AM

Name Yogi M P Singh

Gender Male

State UTTAR PRADESH

District MIRZAPUR

Town/Village मिर्जापुर

Pin code 231001

Mobile Number 7379105911

Email yogimpsingh@gmail.com

Address सुरेकापुरम कॉलोनी जबलपुर रोड मिर्जापुर सिटी

Department

Department LABOUR DEPARTMENT (District)

Division Mirzapur

District Mirzapur

Office Labour Department, Mirzapur District

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. CMLBR/R/2024/60015

Section 6(1) Transaction ID CMLBRR20240000000037

Action Taken by Public Information Officer(PIO)

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

Date of PIO Reply 03-02-2024

Public Information Officer Details

PIO Suvigya Singh ALC Mirzapur

Address Public Information Officer Office - Labour Department, Mirzapur District

Pin code 231001

Mobile Number 9760880281

Email GOVINDYADAVALC@GMAIL.COM

Details of First Appeal

Date of First Appeal application under Section 19(1) 29-02-2024

FAA DLC Pipri Sonbhadra

Address First Appellate Authority Office - Labour Department, Mirzapur District

Pin code 231208

Mobile Number 9454453609

Email DLCPIPRI@GMAIL.COM

FAA Address Details

Answer of First Appellate Authority (FAA) Answer unsatisfactory/false/misleading etc.

Date of Order 21-03-2024

Remarks

Relief sought under Section 19(3)- Second Appeal of the Right to Information Act, 2005 Public information officer provided misleading information and first appellate authority upheld it

Other Supporting Documents

Document-1 Details Document

Document-2 Details ---

Hearing Option

Hearing Type Offline

Online Hearing Mobile ---

Online Hearing Email ---

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

Copy of Order

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-ALC Pipri Sonbhadra, Designation ASSISTANT LABOUR COMMISSIONER, Phone No 9760880281, Email Id GOVINDYADAVALC@GMAIL.COM, Sonbhadra, Uttar Pradesh

PIN Code-231208

2-Concerned Appellate Authority- DLC Pipri Sonbhadra

Phone No 9454453609, Email Id DLCPIPRI@GMAIL.COM,

Sonbhadra, Uttar Pradesh PIN Code-231208

Prayer- Public information officer provided incomplete and misleading information to the appellant and first appellate authority upheld it illegally without considering the pros and cons of the result. Please take action against the public information officer under section 20 of the right to information act 2005 and order disciplinary action against the working of the first appellate authority for withholding the information by upholding the misleading information.

Short submissions of the appellant are as follows.

Sought information by the appellant, information provided by the public information officer and the submissions of the appellant are as follows.

Sought information-1- Public information officer must provide the provision which allows a contractor to institute a plant under the Payment of wages act 1936 because such practice is undergoing in the Mirzapur Office of the Labour Commissioner.

Reply of PIO- Yaku Ali Ansari has filed the suit as a mason.

Submission of the appellant- Assistant Labour Commissioner justified his stand only instead of providing the provision which has been sought by the information seeker.

Sought information-  2-The following is the observation made by the District judge District court Mirzapur. This observation was made by the District and session judge Mirzapur while delivering the judgement in the same matter in which the applicant is a victim.

प्रार्थीगण/ अभियुक्तगण के विद्वान अधिवक्ता का यह तर्क है कि प्रार्थी याकूब अंसारी एक रजिस्टर्ड ठेकेदार है और जो भी काम किया गया वादी मुकदमा द्वारा नियुक्त सिविल इंजीनियर के कहने व मार्गदर्शन में किया है। Vide attached order of district Judge to RTI application.

Reply of PIO- A suit has been filed by the plaintiff under the payment of wages act 1936 which is being heard.

Submission of the appellant- Assistant Labour Commissioner provided misleading information and made failed efforts to deviate the attention from the core issue.

Sought information- 3-Case number-P.W./01/2022 registered in the court of assistant labour commissioner District Mirzapur and aggrieved applicant Sudarshan Maurya S/O Brijlal Maurya submitted the order of the district judge Mirzapur in this case but assistant labour commissioner overlooked the order in which Yakub Ansari itself accepted he is a registered contractor.

Please provide the mechanism/provisions of law available in the department against the arbitrariness of the presiding officer of quasi-judicial court.

Submission of the appellant- Asst Labour Commissioner Mirzarpur did not provide any provision mechanism available in the department against the arbitrariness of working of the presiding officer. Tyranny And arbitrariness can never be justified in the process of open court hearing.

Sought information- 4- Provide the documents available in the office of assistant labour commissioner which prove Yakub Ansari is a labourer.

Please provide the provision of the law under which the department issued a labour card/identity for a registered contractor to institute a case against Sudarshan Maurya S/O Brijlal Maurya. 

Reply of PIO-You can get a copy of the documents available in the file through copying. It is mandatory for the registered contractor to obtain a licence by paying online fees under the contract labour act.

Submission of the appellant- It is obvious that the Assistant Labour Commissioner only misled the appellant instead of providing the information sought by the appellant. Enrolments of the labourers is done in the office of assistant labour commissioner, but it was not provided by him.

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-03/06/2024                                                Yours sincerely

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

Mohalla- Surekapuram colony, Jabalpur Road, District-Mirzapur, Uttar Pradesh, PIN code-231001.