OM PRAKASH SINGH/PIO in office of S.P. Mirzapur in cyber-fraud of Rs 572220 denied information
Welcome UPICR20240000149
UTTAR PRADESH INFORMATION COMMISSION
Second Appeal under section 19(3) of the Right to Information Act, 2005
Appeal Registration Number - A-20240701960
Appellant's Particulars
Applied Date : 25/07/2024 05:47:31 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 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) 23-03-2024
Is the Applicant below piverty line? No
Section 6(1) Application No. SPMZR/R/2024/60023
Section 6(1) Transaction ID SPMZRR20240000000027
Action Taken by Public Information Officer(PIO)
Answer of P.I.O. Not providing Information in Stipulated Time
Date of PIO Reply ---
Public Information Officer Details
PIO Sri OMPRAKASH SINGH
Address Public Information Officer Office - Suprintendent Of Police MIRAZAPUR
Pincode 231001
Mobile Number 9454401105
Email asp-op.mi@up.gov.in
Details of First Appeal
Date of First Appeal application under Section 19(1) 08-05-2024
FAA Abhinandan Singh SP MZP
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 21-06-2024
Remarks
Relief sought under Section 19(3)- Second Appeal of the Right to Information Act, 2005 PIO denied information of PIO FAA and nodal officer is exempted from disclosure under 8 1 j Superintendent of police district Mirzapur who is the first appellate authority upheld it
Other Supporting Documents
Document-1 Details Application status
Document-2 Details Appeal 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 RTI Application under section 6(1)
Copy of First Appeal under section 19(1)
RTI Covering
First Appeal Covering
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- PIO denied information of PIO, FAA and
nodal officer is exempted from disclosure under 8 (1) (j). Superintendent of
police district Mirzapur who is the first appellate authority upheld it.
Short submissions of the appellant are as follows.
1-Most respected sir the appellant sought following
information from the public information officer point wise as follows.
1- Public information officer must provide the
total number of cases registered by the Jagna police station concerning cyber
fraud under appropriate IT act and criminal procedure code.
2- Please provide feedback if the first information
report has been registered by the police and 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.
2- Most respected Sir denial of the information by
the public information officer is as follows.
उक्त के सन्दर्भ में अवगत कराना है कि जनसूचना का अधिकार अधिनियम-2005 की धारा 08 (ञ) के तहत ऐसी सूचना देय नही है जो व्यकतिगत सूचना से सम्बन्ध रखती है जिसका प्रकटन किसी लोक क्रिया कलाप या हित के सम्बन्ध नही रखता है या व्यष्टि की एकांकता पर अनावश्यक अतिक्रमण होगा तथा जनसूचना का अधिकार अधिनियम-2005 की धारा 11 के तहत ऐसी सूचना देय नही है जो पर वयक्ति से सम्बन्ध रखती
हो।
अतः उपरोक्त कारणों को दृष्टीगत रखते हुये आपको सूचना उपलब्ध करा पाना सम्भव नही है।
Most respected Sir it is quite obvious that the
appellant is seeking information concerned with the working of the police which
must be disclosed in wide public interest but police in order to conceal its Lacunae,
public information officer is not providing information to the appellant.
3- Most respected sir first we should take detail
of this section on which basis, denial of information was made by public
information officer. Section 8(1)(j) of the Right to Information (RTI) Act,
2005, deals with the exemption from disclosure of personal information.
Specifically, it states that:
Personal information which has no relationship to
any public activity or interest, or which would cause an unwarranted invasion
of the privacy of the individual, is exempt from disclosure.
However, if the Central Public Information Officer,
the State Public Information Officer, or the appellate authority is satisfied
that the larger public interest justifies the disclosure of such information,
it can be disclosed.
This provision aims to balance the right to
information with the right to privacy.
4- Most respected sir whether the police will not disclose its working under right to information act 2005 in the name of personal information obvious from the denial of information by the public information officer in the office of Superintendent of Police District Mirzapur.
5- According to public information officer, no one
can make inquiry concerning the working of the police under article 51 a of the
constitution of India which is the fundamental duty of a citizen to make
inquiry concerning the working of the government and its developmental
activities.
6- Most respected Sir whether it is not corruption
that police is running away from providing information concerning its working
in the name of personal information. Most respected Sir current situation is
that police in the district Mirzapur could not work out single case of cyber fraud
in the district successfully. There is widespread resentment among the common
people in the district Mirzapur because of the incompetence of police to work
out the cases of cyber fraud.
Whether under the provisions of right to
information act 2005, information seeker cannot ask police whether it is
pursuing criminal procedure code or not in processing a case as PIO is saying
that such information is personal information.
Denial of information implies that police is not interested to curb growing corruption in its working consequently they are not promoting transparency and accountability resulting in withholding of information by the public information officer.
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-25/07/2024 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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