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 (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।
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.