🚨 Lack of Transparency and Accountability: A Case Study in RTI Non-Compliance
The Right to Information (RTI) Act, 2005, is a cornerstone of India’s democracy, designed to foster transparency and hold public authorities accountable. However, the path to obtaining information is often riddled with obstacles, as exemplified by the case of Yogi M. P. Singh from Mirzapur, Uttar Pradesh, who was compelled to file a Second Appeal with the Uttar Pradesh Information Commission (UPIC).
This case, registered as UPICR20240000149, highlights a clear failure on the part of the Public Information Officer (PIO) and the First Appellate Authority (FAA) within the Directorate of UP Social Welfare Department.
1. The Initial Information Request 📜
The appellant, Yogi M. P. Singh, initially sought crucial details concerning the functioning of the Scholarship and Fee Reimbursement Online System on November 22, 2024 (RTI Application No. DIRSW/R/2024/60158).
The specific information requested focused on critical areas of public service:
- Public Staff Monitoring: The name and designation of personnel checking the website’s functionality and monitoring the scholarship scheme. (Queries 1 & 4)
- Reason for Technical Failure: The reason for the persistent “Status not received from NPCI server” error, which prevented students, like Bhoomika Singh, from completing their application processes. (Query 2)
- Government Action: Minutes of proceedings and action taken regarding students who couldn’t print their applications due to website/NPCI server failure. (Query 3)
- Expenditure: Funds spent on the maintenance and update of the scholarship website for the fiscal years 2021-22 to 2024-25. (Query 5)
2. PIO’s Failure to Furnish Information ❌
The Public Information Officer (PIO), Shashikant Singh APIO HQ, provided a reply on December 10, 2024. The appellant categorized this response as “Answer incomplete/unsatisfactory/false/misleading.”
The PIO’s response stated that the scholarship portal is operated by the U.P. IT and Electronics Department, and that budget-related details are issued by them.
The PIO’s reply failed to address specific, critical queries, such as the names of monitoring staff, the reason for the NPCI server error, and the action taken for affected students. The core issue is that the PIO deflected responsibility instead of providing the information available with the Department or transferring the request correctly under Section 6(3) of the RTI Act.
This failure directly violates the principle of transparency enshrined in the RTI Act.
3. The Lack of Action by the First Appellate Authority (FAA) 🛑
Following the unsatisfactory response, the appellant filed a First Appeal under Section 19(1) of the RTI Act on December 14, 2024 (Registration No. DIRSW/A/2024/60167).
The First Appellate Authority (FAA), Mr. Arun Kumar Pandey, completely failed to adjudicate the appeal. The status of the FAA’s answer is recorded as “There is no answer”, and the appeal status merely reads “RTI APPEAL RECEVED.
This non-action on the part of the FAA represents a grave lapse in accountability. The FAA’s role is crucial for internal checks and balances, and their failure to entertain or pass an order on the appeal forced the information seeker to escalate the matter.
4. The Second Appeal and Prayer for Action 🙏
The appellant was thus compelled to file a Second Appeal under Section 19(3) to the Uttar Pradesh Information Commission.
The relief sought is significant, focusing not just on obtaining the information but on punitive action against the non-compliant officials:
- Action Against PIO: An order for action against the PIO under Section 20 of the RTI Act, 2005, for providing misleading and incomplete information. (Section 20 allows for imposing a penalty of up to $25,000$).
- Disciplinary Action Against FAA: An order for disciplinary action against the FAA for “procrastination” and for failing to entertain the First Appeal.
Conclusion: The Need for Strong Information Commissions 🏛️
This case is a stark reminder that the mere existence of a law is not enough. The spirit of the RTI Act—to ensure a responsive, responsible, and transparent government—is dependent on its effective implementation.
The actions of the PIO and FAA in this matter demonstrate a troubling disregard for the fundamental Right to Reason and the citizens‘ right to public services without arbitrary hurdles. The Uttar Pradesh Information Commission now faces the important task of not only directing the release of the requested information but also setting a precedent by enforcing penalties and disciplinary action to reinforce accountability and discourage officials from making a mockery of the law of the land.
Based on the details provided in the Second Appeal and publicly available information, here are the contact and email details for the relevant authorities and the appellant.
🏛️ UTTAR PRADESH INFORMATION COMMISSION (UPIC)
The UPIC is the body where the Second Appeal is filed and will be heard.
| Contact Detail | Particulars |
| Address | 7/7A, RTI Bhawan, Vibhuti Khand, Gomti Nagar, Lucknow, Uttar Pradesh, PIN Code-226010 |
| Office Phone No. | 0522-2724930 |
| Official Website | upic.gov.in or upsic.up.gov.in |
| Webmaster Email | webmaster-upic[at]up[dot]gov[dot]in |
👨💻 Public Information Officer (PIO) & First Appellate Authority (FAA)
These are the officials in the Directorate of UP Social Welfare Department who are the respondents in the case.
| Role | Name | Designation | Mobile Number | Email ID |
| PIO | SHASHIKANT SINGH | APIO HQ (S.O. HQ APIO SIKSHA (A)) | 9151935126 | director.sw@dirsamajkalyan.in |
| FAA | Arun Kumar Pandey | APPELLATE AUTHORITY | 8081989398 | director.sw@dirsamajkalyan.in |
- Public Authority Address: DIRECTORATE UP SOCIAL WELFARE DEPARTMENT, Lucknow, PIN Code-226001.
🙋♂️ Appellant’s Details
| Contact Detail | Particulars |
| Name | Yogi M P Singh |
| Address | सुरेकापुरम कॉलोनी जबलपुर रोड मिर्जापुर सिटी (Surekapuram Colony, Jabalpur Road, Mirzapur City) |
| Pincode | 231001 |
| Mobile Number | 7379105911 (Also for Online Hearing) |
| Email ID | yogimpsingh@gmail.com (Also for Online Hearing) |
ℹ️ Note on RTI Online Filing
For filing RTI applications or First Appeals online to departments under the Government of Uttar Pradesh, you can use the state’s official RTI Online portal:
- UP RTI Online Portal: rtionline.up.gov.in
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