Second appeal made before UPSIC as PIO provided misleading information in cyber fraud

Welcome UPICR20240000149

UTTAR PRADESH INFORMATION COMMISSION

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

Appeal Registration Number - A-20240600954

Appellant's Particulars

Applied Date : 11/06/2024 02:00:46 AM

Name Yogi M P Singh

Gender Male

State UTTAR PRADESH

District MIRZAPUR

Town/Village मिर्जापुर

Pencoed 231001

Mobile Number 7379105911

Email yogimpsingh@gmail.com

Address सुरेकापुरम कॉलोनी जबलपुर रोड मिर्जापुर सिटी

Department

Department HOME DEPARTMENT (District)

Division Mirzapur

District Mirzapur

Office Superintendent Of Police MIRAZAPUR

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

Date of RTI application under section 6(1) 12-02-2024

Is the Applicant below poverty line? No

Section 6(1) Application No. SPMZR/R/2024/60013

Section 6(1) Transaction ID SPMZRR20240000000013

Action Taken by Public Information Officer(PIO)

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

Date of PIO Reply 02-03-2024

Public Information Officer Details

PIO Sri OMPRAKASH SINGH

Address Public Information Officer Office - Superintendent Of Police MIRAZAPUR

Pin code 231001

Mobile Number 9454401105

Email asp-op.mi@up.gov.in

Details of First Appeal

Date of First Appeal application under Section 19(1) 03-03-2024

FAA Abhinandan Singh

Address First Appellate Authority Office - Superintendent Of Police MIRAZAPUR

Pin code 231001

Mobile Number 9454400299

Email spmzr-up@nic.in

FAA Address Details

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

Date of Order 19-03-2024

Remarks

Relief sought under Section 19(3)- Second Appeal of the Right to Information Act, 2005 Public information officer forwarded the matter to the circle officer Mirzapur City while the matter was concerned with the working of the circle officer Lalganj

Other Supporting Documents

Document-1 Details Supporting 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- OM PRAKASH SINGH

Designation ASP OPERATION, Phone No    9454401105, Email Id- asp-op.mi@up.gov.in, District Mirzapur, PIN Code-231001

2-Concerned Appellate Authority- Abhinandan Singh, Superintendent of police, Mobile number-9454400299, email- spmzr-up@nic.in, District Mirzapur, Pin code 231001  

Prayer- Public information officer forwarded the matter to the circle officer Mirzapur City while the matter was concerned with the working of the circle officer Lalganj which implies that no information has been made available to the appellant and nothing was done after appeal. Moreover, the same information was made available again because earlier correction of error was not made.

Short submissions of the appellant are as follows.

The matter concerns the circle officer Lal Ganj not with the circle officer city so please correct the mistake as this blunder made by the nodal officer.

Here nodal officer is the public information officer in the office of superintendent of police.

OM PRAKASH SINGH-III ADDL. SP     Addl. SP Operation            9454401105            -          asp-op.mi@up.gov.in

            MANOJ KUMAR GUPTA  DSP    CO City         9454401590            -            co-city.mi@up.gov.in

SHAILENDRA PRAKASH TRIPATHI     DSP    CO LALGANJ            9454401592            -          co-lalganj.mi@up.gov.in

Most respected sir, if the matter concerns the working of the Lal Gang Circle of the police Mirzapur how can information be provided by the circle officer city who has no jurisdiction over the matter.

This matter concerns the circle officer Lal Ganj not with the circle officer city and to forward the matter to circle officer city is a blunder on the part of nodal officer. It is most unfortunate that the circle officer city who is also the public information officer could not understand the contents of the RTI application and submitted a misleading report in the matter having no relation with sought information as usual to do such.

The matter concerns the working of the station house officer Jigna District-Mirzapur under police circle Lal Ganj, District- Mirzapur.

This implies that the entire information made available by the circle officer city is misleading in regard to the information sought by the appellant from the public information officer. How can it be justified to reply rti applications without taking the perusal of the contents of the applications submitted under right to information act 2005? Whether the act of public information officer is not tantamount to dereliction of duty committed by him?

Grievance Status for registration number : GOVUP/E/2024/0005039

Grievance Concerns To Name Of Complainant-Yogi M. P. Singh

Date of Receipt-20/01/2024, Received By Ministry/Department-Uttar Pradesh

Grievance Description-Cyber fraud of Rs 99561 with Ranjit Singh, a resident of village-Bihasara Kala , works in vehicle purchase and sale comes under the jurisdiction of the police station Jigna under the supervision of superintendent of police district Mirzapur and cyber police of Mirzapur Division.

An application under article 51 A of the constitution of India to make inquiry regarding the cyber-criminal activities growing in the society alarmingly and police is running away from registering the first information report in the matter of cyber-crime.

It is obvious that this application has been made by the applicant under article 51 A of the constitution of India to make inquiry regarding the activity of the concerned police failure to curb the criminal activities taking place under the ambit of police station district Mirzapur. Article 51A Fundamental Duties- Constitution of India It shall be the duty of every citizen of India to develop the scientific temper, humanism and the spirit of inquiry and reform. Whether it is not necessary for reform to make inquiry to the concerned public authority whose dereliction is causing great loss to the society.

Cyber fraud of Rs 99561 with Ranjit Singh, a resident of village-Bihasra Kala, works in vehicle purchase and sale comes under the jurisdiction of the police station Jigna under the supervision of superintendent of police district Mirzapur and cyber police of Mirzapur Division.

An application under article 51 A of the constitution of India to make inquiry regarding the cyber-criminal activities growing in the society alarmingly and police is running away from registering the first information report in the matter of cyber-crime.

It is quite obvious that this application has been made by the applicant under article 51 A of the constitution of India to make inquiry regarding the activity of the concerned police failure to curb the criminal activities taking place under the ambit of police station district Mirzapur. Article 51A Fundamental Duties- Constitution of India It shall be the duty of every citizen of India to develop the scientific temper, humanism and the spirit of inquiry and reform. Whether it is not necessary for reform to make inquiry to the concerned public authority whose dereliction is causing great loss to the society.

The information seeker is seeking the following information from the public information officer in the office of superintendent of police district Mirzapur point wise as follows.

1- Provide the name and designation of the police officer who accepted the report of the concerned investigation officer in the matter submitted the arbitrary report in the inquiry made by the information seeker.

2- Please provide the feedback if the first information report has been registered by the police if not registered provide its reason.

3- Please provide the section of the criminal procedure code in which investigation is carried out by the investigation officer if a first information report is not registered by the police in the matter of cyber fraud.

4- Please provide the provision of the criminal procedure code under which an investigation officer investigates a case that encroaches the fundamental duty /civil rights of the citizens of this country.

5- Please provide the provisions of law which mandates consent of an individual to make inquiry under article 51 A of the Constitution of India concerning the working of the police. Whether police in the state are not accountable to the citizens in the state and people cannot make inquiries regarding the working of the police.

This is a humble request of your appellant 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-11/06/2024                                                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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