Second appeal against PIO, OMPRAKASH SINGH for not providing information



PIO says information of PIO, FAA and nodal officer is exempted from disclosure under 8 (1) (j)

Details of PIO, FAA and nodal officer on RTI portal is not matching with ongoing police personnel

Welcome UPICR20240000149

UTTAR PRADESH INFORMATION COMMISSION

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

Appeal Registration Number - A-20240701863

Appellant's Particulars

Applied Date : 24/07/2024 10:35:44 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 Suprintendent 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) 04-03-2024

Is the Applicant below piverty line? No

Section 6(1) Application No. SPMZR/R/2024/60021

Section 6(1) Transaction ID SPMZRR20240000000021

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) 29-04-2024

FAA Abhinandan Singh SP MZP

Address First Appellate Authority Office - Suprintendent Of Police MIRAZAPUR

Pincode 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 concerning 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 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 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- 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-Nodal Officer Details Name        AJAY KUMAR SINGH, Telephone Number      9454401105, Email-ID          addlspopmzr@gmail.com 

Public information officer must provide the posting details and other descriptions about the nodal officer because this police personnel is not available in the list of police personnel of ADGP personnel currently posted in the district Mirzapur.

2-PIO- Mahesh Singh Atri, Designation mirzapur, Phone No          9454401105, Email Id   addlspopmzr@gmail.com

Public information officer must provide the posting details and other descriptions about the PIO because this police personnel is not available in the list of police personnel of ADGP personnel currently posted in the district Mirzapur.

3- Public information officer must provide the posting details and description of the first appellate authority in the office of public authority superintendent of police district Mirzapur.

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 () 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।

A copy of this communication was also sent to superintendent of police district Mirzapur who is also the first appellate authority in the matter.

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 here this question arises that whether the posting details of the public staff are personal information if it is personal information why the postings are published in various dailies when the transfers are made by the government?

5- According to public information officer, description of Nodal officer, first appellate authority and public information officer are personal information which was the root cause such information were not updated by the public authority on the RTI portal of the government of Uttar Pradesh.

Most respected Sir posting details of entire judges in this country are available on their website of concerned district courts from first posting to the current posting with academic qualifications under Section 4(1)(b) of the right to information act 2005.

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-24/07/2024                                                Yours sincerely.

 

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

Mohalla- Surekapuram colony, Jabalpur Road, District-Mirzapur, Uttar

Pradesh, PIN code-231001.

Yogi

An anti-corruption crusader. Motive to build a strong society based on the principle of universal brotherhood. Human rights defender and RTI activist.

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