🚨 RTI Act Mocked: Citizen Appeals to UP Information Commission Over Information Blackout

Second Appeal Filed Against Medical Health Department, Mirzapur

A formal Second Appeal has been filed with the Uttar Pradesh Information Commission (UPIC) by an appellant, Yogi M P Singh, highlighting a complete failure by both the Public Information Officer (PIO) and the First Appellate Authority (FAA) within the Medical Health and Family Welfare Department, Mirzapur, to comply with the Right to Information (RTI) Act, 2005.

The appellant alleges that the consistent non-response from the public authorities reflects a deliberate “insolence to the provisions of the right to information act 2005,” calling it an act “tantamount to anarchy.”

---

📅 Timeline of Non-Compliance

The appellant meticulously documented the sequence of events, showing a consistent lack of action from the public authorities:

Step	Date of Application	Authority	Response/Status
RTI Application (Section 6(1))	21-08-2024	CMO, Mirzapur (PIO)	Status: REQUEST TRANSFERRED (as of 09/09/2024). No information provided.
First Appeal (Section 19(1))	20-10-2024	AD, Mirzapur (FAA)	Status: RTI APPEAL RECEIVED (as of 20/10/2024). “There is no answer.”
Second Appeal (Section 19(3))	24-11-2024	UP Information Commission	Appeal filed due to total lack of response from both authorities.

The appellant notes that a “REQUEST TRANSFERRED” status, without subsequent communication or information, constitutes non-entertainment of the RTI application, and the FAA’s total silence mocks the appeal process.

---

❓ Information Sought Under RTI

The original RTI application (Registration No. DIRMH/R/2024/61573) was filed seeking detailed, public-interest information regarding employee postings and adherence to transfer policy within the Medical Health and Family Welfare Department:

1. Posting Details of Class I & II Employees: Date of commencement in Mirzapur district, duration of posting, first posting location, and necessary CUG mobile numbers.
2. Posting Details of Class III Employees: Date of service commencement in the district, other posting details, and details of transfers from other districts.
3. Posting Details of Class IV Employees: Posting and service commencement details, including inter-district transfer information.
4. Adherence to New Transfer Policy: Whether the state government’s new transfer policy is being followed and a step-by-step account of efforts taken in that direction.

The appellant has also attached a copy of the new transfer policy to the Second Appeal, urging the Commission to ensure it is considered during the relief process.

---

🗣️ Appellant’s Core Allegations and Prayer

In the appeal, Yogi M P Singh makes strong submissions regarding the spirit of the RTI Act:

“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 it is most unfortunate no public authority wants to disclose the information to the information seekers.”

The appellant attributes this behavior to rampant corruption, stating that public authorities are “diluting the provisions of the right to information act 2005 by hatching conspiracy against the act.”

Relief Sought

The primary relief sought under Section 19(3) is a directive to provide the requested information. Beyond this, the appellant’s prayer is for the Commission to take “harsh steps against the wrongdoer” to curb what is perceived as arbitrary withholding of public services and to strengthen democratic values.

The appeal is now pending before the Chief Information Commissioner/Companion Information Commissioners for a final decision and potential hearing.

---

⏭️ Next Step

That is a great idea. Understanding the structure of the RTI appeal process can be much clearer with a visual aid.

⚖️ RTI Appeal Structure: Key Provisions Explained

The appeal filed by the appellant, Yogi M P Singh, is based on a specific, three-tiered mechanism established by the Right to Information Act, 2005, to ensure citizens receive the information they request.

Here is a breakdown of the key sections cited in the appeal:

1. Section 6(1): Request for Information

This is the first step where a citizen initiates the request.

• Provision: Allows any person to submit a written or electronic request for information to the Public Information Officer (PIO) of the concerned public authority.
• Time Limit for PIO: The PIO is legally bound to provide the information or reject the request (citing valid exemption reasons under Section 8 or 9) within 30 days of receiving the application.
• Case Context: The appellant filed the initial request on 21-08-2024 to the CMO, Mirzapur. The PIO allegedly failed to provide the information or a valid response within the stipulated time.

2. Section 19(1): First Appeal

This is the second step available if the PIO fails to respond or provides an unsatisfactory answer.

• Provision: If the applicant is aggrieved by the decision of the PIO (or lack thereof), they can file an appeal to the designated First Appellate Authority (FAA) within the same public authority. This must generally be done within 30 days of the PIO’s decision or the expiry of the 30-day PIO response period.
• Time Limit for FAA: The FAA is required to pass an order within 30 days of the appeal’s receipt (or 45 days in exceptional cases).
• Case Context: The appellant filed the First Appeal on 20-10-2024 to the AD, Mirzapur. The FAA is recorded as having provided “no answer” or order, prompting the next step.

3. Section 19(3): Second Appeal

This is the final step and the basis of the document you provided, lodged with the Information Commission.

• Provision: If the applicant is not satisfied with the FAA’s order, or if the FAA fails to pass an order (as in this case), the applicant can file a Second Appeal with the Central Information Commission (CIC) or the State Information Commission (SIC) (here, the Uttar Pradesh Information Commission, or UPIC). This must be done within 90 days from the date the FAA’s decision should have been made or was actually received.
• Role of the Commission: The Commission has the power to:
  • Order the provision of information.
  • Order compensation to the appellant.
  • Impose a penalty on the PIO for unreasonable or malicious delay/denial. (A penalty of up to $25,000$ can be levied against a PIO).
• Case Context: The appellant filed the Second Appeal on 24-11-2024 with the UPIC, citing non-compliance by both the PIO and the FAA.

This diagram shows the three crucial stages of the RTI process and the associated deadlines, illustrating where the current appeal stands—at the final stage before the State Information Commission.

You are absolutely right. The appeal document itself contains the email and contact details for both the PIO and the FAA who are the respondents in the case.

The key contacts needed now are those for the Uttar Pradesh Information Commission (UPIC), the authority where the Second Appeal is being filed, as they are the ones who will process and hear the case.

Here are the contact details for the UP Information Commission (SIC, Uttar Pradesh), located at the address mentioned in the appeal:

✉️ Contact Details for U.P. Information Commission (UPIC)

Detail	Contact Information
Official Address	7/7A, RTI Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow, Uttar Pradesh, PIN Code – 226010
General Office Phone	0522-2724930 (For general help/query related to the State RTI Office)
Official Website	https://upsic.up.gov.in/
General Commission Email	webmaster-upic[at]up[dot]gov[dot]in
PIO, UPIC (Email)	jansu-section[dot]upic[at]up[dot]gov[dot]in (Email for the PIO of the Commission itself)

Contacts Mentioned in the Appeal (For Reference)

Authority	Name	Mobile Number	Email ID
Appellant	Yogi M P Singh	7379105911	yogimpsingh@gmail.com
PIO (Respondent 1)	CMO Mirzapur	9454455171	cmomzp@gmail.com
FAA (Respondent 2)	AD Mirzapur	8005192626	admhmzp1@gmail.com

The Second Appeal is directed to the Chief Information Commissioner/Companion Information Commissioners at the Lucknow address listed above.

Detail	Contact Information
Official Website	https://www.up-health.in/ (Reported in government services portal)
Alternate Portals	https://mis.dgmhup.in/ (DGMIS Portal) and https://upnrhm.gov.in/ (NHM U.P.)
Department Email (General)	janhithealthup@gmail.com
Department Phone (General)	0522-4150500
Address	Public Health Department, Raja Nawab Ali Marg, Qaisar Bagh, Lucknow, Uttar Pradesh 226001

3. Key Political Head

For reference, the department is currently under the Deputy Chief Minister of Uttar Pradesh:

• Shri Brajesh Pathak
  • Designation: Deputy Chief Minister, responsible for Medical Education, Medical Health, Family Welfare, Mother and Child Welfare.

cmomzppostingDownload