Welcome UPICR20240000149
UTTAR PRADESH INFORMATION COMMISSION
Second Appeal under section 19(3) of the Right to Information Act, 2005
Appeal Registration Number - A-20241100263
Appeallent's Particulars
Applied Date : 04/11/2024 06:19:30 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
Block ---
Gram Panchayat ---
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) 08-08-2024
Is the Applicant below piverty line? No
Section 6(1) Application No. DMOMR/R/2024/60077
Section 6(1) Transaction ID DMOMRR20240000000091
Action Taken by Public Information Officer(PIO)
Answer of P.I.O. Answer incomplete/unsatisfactory/false/misleading etc.
Date of PIO Reply 23-10-2024
Public Information Officer Details
PIO Hemant Kumar 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
Grounds of first appeal application Not providing Information in Stipulated Time
Date of First Appeal application under Section 19(1) 18-09-2024
FAA Asha Ram Verma SDM Sadar
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 ---
Delay Reason NA
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 against both PIO and FAA in accordance with law
Other Supporting Documents
Document-1 Details Supporting document
Document-2 Details appeal status
Hearing Option
Hearing Type Online
Online Hearing Mobile 7379105911
Online Hearing Email yogimpsingh@gmail.com
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-Yogi M P
Singh, Mohalla Surekapuram colony, Jabalpur Road, Sangmohal post office,
Districts Mirzapur, Pin code 231001,State Uttar Pradesh, Mobile number 7379105911
Details of the respondents-
1-PIO of Public Authority approached-
Hemant Kumar
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 23/10/2024
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 5 pages of the attached pdf
document are the new transfer policy of the government of Uttar Pradesh
forwarded by the government to entire public authorities working under the
supervision of government of Uttar Pradesh.
5- From the status of the following
online RTI application, it is quite obvious that the appellant submitted the
online RTI application on 8th August 2024 Which was forwarded to the concerned
public information officer on 13th August 2024 and denied information on 23/10/2024
which means more than 2 months and 12 Days passed. Thus we see that the public
information officer violated subsection 1 of section 7 of the right to
information act 2005 so action must be taken against the public information
officer under section 20 of RTI Act 2005 for violating the provisions of RTI
Act 2005
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 4
points information from the public information officer in the office of
subdivisional magistrates Sadar district Mirzapur which was denied by him.
1- Provide the posting
details of all the first class and second-class employees of the department,
the date on which they started service in Mirzapur district and for how long
they have been posted, where was their first posting.
2- Sir, please provide the posting details of
all the third-class employees of the department and the details of the date of
commencement of their service in the district and other posting related
details, Sir, also provide that from which district they have come to Mirzapur
after being transferred.
3- Sir, the posting
details of all the class IV employees of the department posted in the district
and the details of the date of commencement of service in the district and if
they have been transferred from other districts to this district, then also provide
the details of that.
4- Sir, please provide to
the applicant whether the new transfer policy issued by the state government is
being followed in the department or not and if it is being followed, then how
has it happened till date, with the step-by-step efforts taken in that
direction, the applicant must be informed.
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-04/11/2024 Yours sincerely
Yogi M. P. Singh, Mobile number
7379105911,
Mohalla- Surekapuram colony, Jabalpur
Road, District-Mirzapur, Uttar
Pradesh, PIN code-231001.