Welcome UPICR20240000149
UTTAR PRADESH INFORMATION COMMISSION
Second Appeal under section 19(3) of the Right to Information Act, 2005
Appeal Registration Number - A-20240602365
Appeallent's Particulars
Applied Date : 27/06/2024 05:23:21 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 HOME DEPARTMENT (District)
Division Meerut
District Gautam buddhnagar
Office POLICE COMMISSIONERATE GAUTAM BUDH NAGAR
Details of Request for obtaining information under section 6(1) of RTI Act, 2005
Date of RTI application under section 6(1) 17-01-2024
Is the Applicant below piverty line? No
Section 6(1) Application No. PCGBN/R/2024/60042
Section 6(1) Transaction ID PCGBNR20240000000053
Action Taken by Public Information Officer(PIO)
Answer of P.I.O. Answer incomplete/unsatisfactory/false/misleading etc.
Date of PIO Reply 15-02-2024
Public Information Officer Details
PIO Manish Kumar Mishra
Address Public Information Officer Office - POLICE COMMISSIONERATE GAUTAMBUDHNAGAR
Pincode 203202
Mobile Number 8595902511
Email adcpnoidagbn@gmail.com
Details of First Appeal
Date of First Appeal application under Section 19(1) 16-02-2024
FAA Vidhya Sagar Mishra
Address First Appellate Authority Office - POLICE COMMISSIONERATE GAUTAMBUDHNAGAR
Pincode 203202
Mobile Number 8595902505
Email dcp-polnoida.gb@up.gov.in
FAA Address Details
Answer of First Appellate Authority (FAA) Answer unsatisfactory/false/misleading etc.
Date of Order 18-03-2024
Remarks
Relief sought under Section 19(3)- Second Appeal of the Right to Information Act, 2005 Public information officer denied information by taking recourse of subsection 1 hSection 8 of the right to information act 2005 while the sought information does not concern the investigation
Other Supporting Documents
Document-1 Details Document
Document-2 Details application status
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
Document-2
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-Manish
Kumar Mishra
Designation-Ad. Deputy Commissioner
of Police.Mobile No 8595902511
Email Id adcpnoidagbn@gmail.com, District-Gautam Buddha Nagar, Pin
Code-203202
2-Concerned Appellate Authority- Vidhya Sagar Mishra, Mobile No 8595902505, Email
Id dcp-polnoida.gb@up.gov.in District-Gautam
Buddha Nagar, Pin Code-203202
Prayer- Public information officer denied
information by taking recourse of subsection 1 (h)Section 8 of the right to
information act 2005 while the sought information does not concern the
investigation.
Short submissions of the appellant
are as follows.
1-
It
is submitted before the Honourable Sir that the matter concerns the corruption
which must be investigated in transparent and accountable way in time bound
manner.
Section 173 in The Code Of Criminal
Procedure, 1973
173. Report of police officer on
completion of investigation.
(1) Every investigation under this
Chapter shall be completed without unnecessary delay.
As soon as it is completed, the
officer in charge of the police station shall forward to a Magistrate empowered
to take cognizance of the offence on a police report.
2-It is submitted before the
Honourable Sir that subsection 1 (h)Section 8 of the
right to information act 2005 categorically states that information which
would impede the process of investigation or apprehension, or prosecution of
offenders is exempted from disclosure under right to information act 2005.
3-The matter concerns Gautam Budh
Nagar police have busted a gang of eight people who were unscrupulously
misusing permanent account number (PAN) cards of 635,000 people for over five
years and created 2,660 shell companies to evade Goods and Services Tax (GST)
worth multiple crores, deputy commissioner of police (Noida) Harish Chander
said on Thursday as reported Jun 02, 2023, 04:48 AM IST by Hindustan Times. The
suspects have been identified as Yasin Sheikh, 38, of Mumbai, Akash Saini, 21,
of Sahibabad, Atul Sengar, 23, of Hathras, Avni, 25, of Noida, Deepak Murjani,
48, his wife Vinita, 45, Vishal, 20, and Rajeev, 38, (all Delhi). They were
apprehended at their office in Madhu Vihar, Delhi. (Sunil Ghosh/HT Photo)
Most respected Sir one year
has passed when this matter was reported in various dailies by concerned police
itself to glorify its false competency in this largest democracy in the world. How
long concerned police will procrastinate in the name of investigation to
withhold the information under right to information act 2005?
4-It is quite obvious that more than eight
months have passed in the matter and the concerned investigation officer of the
police is still withholding the information in the name of continuation of
investigation in the matter which means if he provides the information it will
impede the process of Investigation.
5-Whether the concerned investigation
officer could not submit chargesheet in the concerned competent court which was
to be submitted by him as soon as it is completed according to subsection one
half section 171 of the code of criminal procedure 1973.
6-Right to information at 2005 was
introduced by the government of India to promote transparency and
accountability in the working of the public authorities so that corruption
growing like jungle fire must be curbed by the government but here in the name
of investigation information concerning wide public interest and deep-rooted
corruption is being concealed by the police such practises must be stopped.
7-The information sought by appellant
is not concerned with the investigation of the sub inspector in the matter. The
transparency in the investigation can be guessed easily from the fact that
information is not concerning with the investigation, is being withheld by the
public information officer. How can it be justified to withhold information;
public information officer is allowing the investigation officer to carry out
investigation and making undue delay.
8-Description of information sought
by the appellant are as follows.
1- This matter is a huge
scandal concerning the Department of income tax therefore public information
officers may provide the reason for not informing the department of income tax
regarding this matter as right to reason is the indispensable part of a sound
administrative system.
2- Because of this
syndicate huge loss to the public exchequer occurred which must be taken into
account. Public information officer may provide a copy of the communication exchanged
with the department of the central government in the matter.
3- This matter concerns the
economic offence so please provide a copy of the communication exchanged with
the economic offensive wing of the state government because the investigation
officer of the police is not well equipped to investigate the matter.
4- Public information
officer may provide the copy of those communications in the matter which does
not concern the investigation of the investigation officer.
5- Public information
officer may provide the time of limitation to complete the investigation by the
investigation officer as the matter concerns the wide public interest so it
must be completed in a time bound manner.
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-27/06/2024
Yours sincerely.
Yogi M. P. Singh, Mobile
number-7379105911,
Mohalla- Surekapuram colony, Jabalpur
Road, District-Mirzapur, Uttar
Pradesh, PIN code-231001.
