Second appeal against PIO, Vinod Gupta Additional Municipal Commissioner Varanasi




 Welcome UPICR20240000149

UTTAR PRADESH INFORMATION COMMISSION

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

Appeal Registration Number - A-20241000732

Appeallent's Particulars

Applied Date : 13/10/2024 05:08:24 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 NAGAR VIKAS DEPARTMENT (District)

Division Varanasi

District Varanasi

Tehsil ---

Block ---

Gram Panchayat ---

Office Varanasi Nagar Nigam

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

Date of RTI application under section 6(1) 28-07-2024

Is the Applicant below piverty line? No

Section 6(1) Application No. NGNVR/R/2024/60059

Section 6(1) Transaction ID NGNVRR20240000000083

Action Taken by Public Information Officer(PIO)

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

Date of PIO Reply 31-08-2024

Public Information Officer Details

PIO AMC Vinod Gupta

Address Public Information Officer Office - Varanasi Nagar Nigam

Pincode 221002

Mobile Number 9140199279

Email pionagarnigamvaranasi@gmail.com

Details of First Appeal

Date of First Appeal application under Section 19(1) 06-09-2024

FAA Akshat Verma IAS commissioner

Address First Appellate Authority Office - Varanasi Nagar Nigam

Pincode 221002

Mobile Number 7800000900

Email nagarnigamvns@gmail.com

FAA Address Details

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

Date of Order 06-09-2024

Delay Reason NA

Remarks

Relief sought under Section 19(3)- Second Appeal of the Right to Information Act, 2005 Please take action against the public information officer under section 20 of the right to information act 2005 and order disciplinary action against the working of the first appellate authority for w

Other Supporting Documents

Document-1 Details Supporting document

Document-2 Details ---

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

Copy of Order

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-Yogi M P Singh, Mohalla Surekapuram colony, Jabalpur Road, Sangmohal post office, District- Mirzapur, Pin code-    231001, State- Uttar Pradesh, Mobile number 7379105911

Details of the respondents-

1-PIO of Public Authority approached- Vinod Gupta PIO, Designation- Additional Municipal Commissioner, Phone No- 9140199279, Email Id-nagarnigamvns@gmail.com, Nagar Nigam Sigra Varanasi, Uttar Pradesh, PIN Code- 221002

2-Concerned Appellate Authority- Mr Akshat Verma IAS Nagar Commissioner Municipal Corporation,

Designation-Director Administration, Phone No- 7800000900, Email Id- diradmncamp@gmail.com, Nagar Nigam Sigra Varanasi, Uttar Pradesh, PIN Code-221002

Prayer- Public information officer did not provide the information by not entertaining the RTI application and also First appellate authority did not entertain appeal submitted by the appellant illegally without considering the pros and cons of the result. Please take action against the public information officer under section 20 of the right to information act 2005 and order disciplinary action against the working of the first appellate authority for withholding the information by not entertaining the first appeal submitted by the appellant.

Short submissions of the appellant are as follows.

1- From the following status of the submitted RTI application by the appellant, it is obvious that the appellant submitted the rti application on 28th July 2024 which was disposed of by the public information officer on 31st August 2024. From the disposal of the public information officer, it is obvious that they did not upload the report but it has been mentioned in the status they have sent the report but it is most unfortunate that no such report has been received by the appellant still.

Registration Number     NGNVR/R/2024/60059

Name           Yogi M P Singh

Date of Filing         28/07/2024

Status          REQUEST DISPOSED OF as on 31/08/2024

Reply :- आवदेक को आख्या प्रेषित।

2- From the following status of the submitted RTI appeal under subsection 1 of section 19 of the right to information act 2005 on the RTI portal of the government of Uttar Pradesh it is obvious that the appellant submitted the RTI appeal on 6th September 2024 which was returned to the appellant on 6th September 2024 by taking the recourse of the office memo issued by the department of personnel and training government of India on 12th June 2008 regarding the processing of the rti applications which are received on the portal of government of India concerned with public authorities of government of India.

Registration Number     NGNVR/A/2024/60028

Name           Yogi M P Singh

Date of Filing         06/09/2024

Status          FIRST APPEAL APPLICATION RETURNED TO APPLICANT as on 06/09/2024

Remarks :- Please refer to DOPT OM no. 10/2/2008-IR dated 12/06/2008, wherein it has been clarified that If a person makes an application to a public authority for some information which is the concern of a public authority under any State Government or the Union Territory Administration, the Central Public Information Officer (PIO) of the public authority receiving the application should inform the applicant that the information may be had from the concerned State Government/UT Administration. Application, in such a case, need not be transferred to the State Government/UT Administration. Moreover, the instructions on the home page of the portal clearly indicate viz. Please do not file RTI applications through this portal for the public authorities under the State Governments, including Govt. of Uttar Pradesh. If filed, the application would be returned, without refund of amount. Accordingly, your RTI application, which is the concern of a public authority under any State Government, is returned herewith. You may file the same before the concerned public authority under the State Government.

3- It is most unfortunate that the first appellate authority is escaping from the matter of deep rooted corruption by supporting the public information officer on the flimsy ground because this office memo of the Department of personal and training is specific for the RTI portal of the government of India not for the portals of government of the states.

4-The following 5 points information have been sought by the appellant from public information officer.

1- The public information officer must provide the number of candidates enrolled for the training of handicraft year wise in the public authority district urban development agency Varanasi.

2- The public information officer of DUDA Varanasi must provide the Details of the enrolled candidates according to the information sought under 1 by the information seeker.

3- Public information officer of DUDA Varanasi must provide the stipend paid to enrolled candidates including pay slip and description whether paid through account or in the form of cash.

4- The public information officer of DUDA Varanasi must provide the name and designation of the staff who monitored this programme.

5- Public information officer of DUDA Varanasi must provide the Details of the fund Provided by the government in the centre as well as government at the state.

5-It is noticeable that it has passed more than two and half months since the date the RTI application was submitted by the appellant and information seeker did not receive any communication from the public information officer regarding the online RTI application submitted by the appellant. It was the obligatory duty of the public information officer concerned to attach the report, whatever he sent to the information seeker in order to provide the information to the appellant but not done by him showing his cryptic and mysterious dealings which will only promote corruption in the working of the public authority.

6-It is a well-known fact that the matter raised by the appellant is concerning with the corruption in the working of the public authority and public information officer is running away from providing the information under Right to information act 2005 only showing that something is wrong in the working of the public authority invite the investigation by the police or appropriate investigation agency.

Most respected sir both public information officer and first appellate authority made the mockery of the provisions of right to information act 2005 so harsh steps must be taken under section 20 of RTI actor 2005 against PIO and disciplinary action against FAA.

Date-13/10/2024                                                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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