Second appeal against PIO in office of DM G.B.N. for not providing information





D.M. Gautam Budh Nagar is not providing information concerning compliance of G.O.

 Welcome UPICR20240000149

UTTAR PRADESH INFORMATION COMMISSION

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

Appeal Registration Number - A-20240701527

Appellant's Particulars

Applied Date : 20/07/2024 12:54:20 PM

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 ADMINISTRATIVE REFORMS DEPARTMENT (District)

Division Meerut

District Gautam Buddha Nagar

Office Administrative Reforms Department, Gautam Buddha Nagar District

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

Date of RTI application under section 6(1) 26-01-2024

Is the Applicant below poverty line? No

Section 6(1) Application No. DMOGN/R/2024/60023

Section 6(1) Transaction ID DMOGNR20240000000034

Action Taken by Public Information Officer (PIO)

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

Date of PIO Reply 06-05-2024

Public Information Officer Details

PIO Nodal Officer ANUJ NEHRA

Address Public Information Officer Office - Administrative Reforms Department, Gautam Buddha Nagar District

Pin code 203202

Mobile Number 9870145599

Email ocrtiocrti@gmail.com

Details of First Appeal

Grounds of first appeal application Not providing Information in Stipulated Time

Date of First Appeal application under Section 19(1) 17-04-2024

FAA Nodal Officer ANUJ NEHRA

Address First Appellate Authority Office - Administrative Reforms Department, Gautam Buddha Nagar District

Pin code 203202

Mobile Number 9870145599

Email ocrtiocrti@gmail.com

FAA Address Details

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

Date of Order 18-04-2024

Remarks

Relief sought under Section 19(3)- Second Appeal of the Right to Information Act, 2005 In this case nodal officer is both the public information officer as well as first appellate authority who denied the information arbitrarily and after first appeal same denial was submitted by him o

Other Supporting Documents

Document-1 Details Supporting 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-Nodal Officer/ANUJ NEHRA

Designation-Nodal Officer

Mobile No   -not available

Email Id       ocrtiocrti@gmail.com, District-Gautam Buddha Nagar, Pin Code-203202

2-Concerned Appellate Authority- Nodal Officer/ANUJ NEHRA

Designation-Nodal Officer

Mobile No   -not available

Email Id       ocrtiocrti@gmail.com, District-Gautam Buddha Nagar, Pin Code-203202

Prayer- In this case nodal officer is both the public information officer as well as first appellate authority who denied the information arbitrarily and after first appeal, same denial was submitted by him on the RTI Portal of the government of Uttar Pradesh.

Short submissions of the appellant are as follows.

1-Public information officer denied information by taking recourse of Remarks: - The department from whom information sought by you is not available on the portal. Therefore, you can get information by submitting the application directly to the concerned department.

2-The matter concerns the working of public information officer of Public Authority DISTRICT MAGISTRATE OFFICE GAUTAM BUDH NAGAR. From the following status of the RTI application, it is quite obvious that the appellant submitted the RTI application on 26th January 2024 and status of the rti application is same as it was received on 26th January 2024 which means nodal officer did not take any action in the matter or it may be nodal officer is also the public information officer in the office of Public Authority DISTRICT MAGISTRATE OFFICE GAUTAM BUDH NAGAR.

3-It is bitter truth that more than two and half months passed but the concerned public information officer did not communicate with the appellant as well as not provide any information to the appellant which is the violation of subsection 1 of section 7 of the right to information act 2005.

Registration Number    DMOGN/R/2024/60023

Name    Yogi M P Singh

Date of Filing     26/01/2024

Status    RTI REQUEST RECEIVED as on 26/01/2024

  Nodal Officer Details 

Name     BHAIR PAL SINGH

Telephone Number     8303170566

Email-ID     ocrtiocrti@gmail.com

4-It is most unfortunate that public information officer in the office of district Magistrate Gautam Budh Nagar could not know that the information is provided within stipulated 30 days from the date of receipt of RTI application in the office of public authority.

5-It is quite obvious that the appellant is seeking information concerning the compliance of the government order by the district Magistrate Gautam Budh Nagar but it is most unfortunate that the public information officer is running away from providing information on whether the government order compliance was ensured by district Magistrate Gautam Budh Nagar or not.

6-The appellant is interested in the information concerning the processing of the compliance of the government order by the district Magistrate and mechanism adopted by the district magistrate in order to make the processing transparent and accountable.

7-It is quite obvious that the public information officer is running away from providing information concerning the compliance of the government order which means government order has been thrown into the dustbin by the district Magistrate otherwise what is the problem in providing information concerning the compliance of the government order by the district magistrate?

8-Think about the jungle Raj in the governance of Uttar Pradesh that concerned officers are not maintaining transparency and accountability in ensuring the compliance of the government order and government orders are being taken negligently by the senior rank officers in the state.

This is a humble request of the appellant to the most respected Sir to direct the public information officer to provide information to the appellant as well as take penal action against him Under section 20 of the right to information act 2005 for violating subsection one of section 7 of the right to information act 2005.

9-Description of information sought by the appellant are as follows.

1-Provide the name and designation of the staff who disclosed the assets voluntarily up to 31 January 2024 under the supervision of District Magistrate, district- Gautam Buddha Nagar.

2- Provide the name and designation of the staff who did not disclose their assets voluntarily by 31st January 2024 under the supervision of District Magistrate, district- Gautam Buddh Nagar.

3- Provide the action taken by district magistrate, district- Gautam Buddha Nagar regarding the government order dated 4th January 2024.

4- Provide the copy of the communications exchanged with the subordinates by the District Magistrate, District Gautam Buddha Nagar in compliance with the government order concerning disclosure of assets voluntarily by provincial civil servants of the government of Uttar Pradesh.

5- Provide the name and designation of the staff who are processing this government order in the office of district magistrate, district Gautam Buddha Nagar.

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-20/07/2024                                                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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