Welcome UPICR20240000149
UTTAR PRADESH INFORMATION COMMISSION
Second Appeal under section 19(3) of the Right to Information Act, 2005
Appeal Registration Number - A-20241100325
Appeallent's Particulars
Applied Date : 05/11/2024 05:28:31 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) 12-08-2024
Is the Applicant below piverty line? No
Section 6(1) Application No. DMOMR/R/2024/80016
Section 6(1) Transaction ID DOUDVR20190000000086
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) 24-09-2024
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 PIO denied information by taking recourse of Rule 42a First Appellate authority did not entertain the appeal so action must be taken against both PIO and FAA
Other Supporting Documents
Document-1 Details Appeal status
Document-2 Details ---
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
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-From the status of the following
online RTI application, it is quite obvious that the appellant submitted the
online RTI application on 12th August 2024 Which was forwarded to the concerned
public information officer on the same date 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
4- Most respected sir the appellant
submitted the RTI application before the public authority Department of Urban
Development which was forwarded to district magistrate Mirzapur on 12th
August 2024. The following is the forwarded application of the appellant to
district Mirzapur.
Registration Number DOUDV/R/2019/60044
Name Yogi
M P Singh
Date of Filing 25/11/2019
Status REQUEST TRANSFERRED TO OTHER PUBLIC
AUTHORITY as on 12/08/2024
Details of Public Authority:-
DISTRICT MAGISTRATE OFFICE MIRZAPUR.
vide registration number:
- DMOMR/R/2024/80016 respectively.
Note:- Further details
will be available on viewing the status of the above-mentioned new request
registration number.
Nodal Officer Details
Name SAJIVAN
Email-ID so.nagarvikas8@gmail.com
5- The following information sought
by the appellant from the following public authority.
Description of Information
Sought E.O. Municipality Mirzapur city
cum PIO may provide the information concerned with Sangmohal ward of current
five years term until now.
1-Estimates of various
development schemes.
2-Work booklet.
3-Total invoices.
4-Total fund granted to
the aforementioned ward with a description of the scheme. Detail of public
staffs who monitored the implementation of these works from site inspection to
payment.
6- It is most unfortunate that
public information officer instead of transferring the matter to the executive
officer municipality Mirzapur city under subsection 3 of section 6 of the right
to information act 2005, he preferred to dispose of it by denying information
on the flimsy ground.
7- 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.
8-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.
9-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.
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-05/11/2024 Yours sincerely
Yogi M. P. Singh, Mobile number
7379105911,
Mohalla- Surekapuram colony,
Jabalpur Road, District-Mirzapur, Uttar
Pradesh, PIN code-231001.