Welcome UPICR20240000149
UTTAR PRADESH INFORMATION COMMISSION
Second Appeal under section 19(3) of the Right to Information Act, 2005
Appeal Registration Number - A-20240800353
Appellant's Particulars
Applied Date : 05/08/2024 07:43:38 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 REVENUE DEPARTMENT (Tehsil/Block Office)
Division Mirzapur
District Mirzapur
Tehsil Mirzapur
Office Revenue Department ,Mirzapur Tehsil
Details of Request for obtaining information under section 6(1) of RTI Act, 2005
Date of RTI application under section 6(1) 09-05-2024
Is the Applicant below piverty line? No
Section 6(1) Application No. DMOMR/R/2024/60044
Section 6(1) Transaction ID DMOMRR20240000000052
Action Taken by Public Information Officer(PIO)
Answer of P.I.O. Answer incomplete/unsatisfactory/false/misleading etc.
Date of PIO Reply 15-05-2024
Public Information Officer Details
PIO Lalta Prasad Tehsildar
Address Public Information Officer Office - Revenue Department ,Mirzapur Tehsil
Pincode 231001
Mobile Number 9454416823
Email teh-sadar.mi@up.gov.in
Details of First Appeal
Date of First Appeal application under Section 19(1) 19-05-2024
FAA Asha Ram Verma SDM
Address First Appellate Authority Office - Revenue Department ,Mirzapur Tehsil
Pincode 231001
Mobile Number 9454416810
Email sdm-sadar.mi@up.gov.in
FAA Address Details
Answer of First Appellate Authority (FAA) There is no answer
Date of Order ---
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 Rule 42a First April authority did not entertain the appeal so action must be taken both public information officer and first appell
Other Supporting Documents
Document-1 Details Supporting document
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 PIO Reply
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-
Lalta Prasad
Designation Tehsildar
Phone No 9454416823, Email Id teh-sadar.mi@up.gov.in,
District-Mirzapur, PIN Code-231001
2-Concerned Appellate Authority Asha Ram Verma
Phone No 9454416810, Email Id- sdm-sadar.mi@up.gov.in,
District-Mirzapur, PIN Code-231001
Prayer- Public information officer Denied
information by taking recourse of Rule 4(2)(a). First April authority did not
entertain the appeal so action must be taken both public information officer
and first appellate authority.
Short submissions of the appellant
are as follows.
1-
Most respected sir public information officer in the office of
subdivisional magistrates Sadar denied information as follows. Section 4 (2)
(a) of UTTAR PRADESH RIGHT TO INFORMATION RULES, 2015
Any request for obtaining information
under the Act should fulfil
the following conditions: The information sought should be a part of
the record held by or under the control of the public authority concerned.
REQUEST REJECTED as on 03/03/2023
Reason for Rejection :- Rule 4(2)(a).
2- It is quite obvious that the
public information officer denied the information by taking the recourse of
Section 4 (2) (a) of UTTAR PRADESH RIGHT TO INFORMATION RULES, 2015.
3- The appellant is submitting the
same pdf document which was earlier submitted by the appellant during the
submission of the rti application on the rti portal of the government of Uttar
Pradesh.
4- These three pages of the attached
pdf document have been provided by the Lekhpal concerned of the Tehsil Sadar in
his own handwriting which was taken from the record available in the record
room of the Tehsil Sadar.
5- It is quite obvious that record is
available in the record room of the public authority under the control of the
record custodian so public authority cannot say that this information is not
the part of the record held by the public authority.
6- Thus we see that denial of
information by the public information officer of Tehsil Sadar by taking the
recourse of the Section 4 (2) (a) of UTTAR PRADESH RIGHT TO INFORMATION RULES,
2015 is arbitrary and illegal.
7-Undoubtedly it is a precarious
situation that the public information officer in the office of Sub divisional
Magistrate Sadar Mirzapur could not understand the RTI application and rejected
the application arbitrarily on the flimsy ground which is a mockery of the
provisions of right to information act 2005.
8-The Right to information act 2005
was introduced by the government of India to promote transparency and
accountability in the working of the public authorities but because of
corruption in the public offices provisions of this act are being violated time
and again by the public information officers.
9- The appellant sought following
three point information from the public information officer in the office of
subdivisional magistrates Sadar district Mirzapur which was denied by him.
1- Please provide the
information regarding the transfer of the land which Patta was provided by Raja
Vijayapur to the grandfather Mahadev Prajapati was transferred to the Ayodhya
son of Mahesh.
2- It is quite obvious that
on the second page of the attached pdf document, there is mentioned a decision
dated 19 June 1963. Please provide the details of this decision including the
name and designation of the government is staff who delivered this decision
explicitly.
3- Tehsildar Sadar may
provide the copy of these records available in the record room of the Tehsil
Sadar which inspection was carried out on the request of the applicant which
report is attached as the attached pdf document to the application.
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-05/08/2024
Yours sincerely
Yogi M. P. Singh, Mobile
number-7379105911,
Mohalla- Surekapuram colony, Jabalpur
Road, District-Mirzapur, Uttar
Pradesh, PIN code-231001.