Introduction Bureaucratic Apathy to UPIC Orders

Explore how bureaucratic apathy to UPIC orders affects the Right to Information Act in India, significantly undermining its intended purpose of promoting transparency and accountability within government institutions. This pervasive indifference leads to a range of ongoing challenges, including delayed responses to information requests, lack of awareness among citizens about their rights, and inadequate training of public officials on the importance of compliance. Such an environment not only discourages individuals from seeking information but also perpetuates a culture of secrecy, thereby hindering the very foundation of democratic governance. Understanding these complexities is crucial for formulating effective strategies to improve the implementation of the Right to Information Act and to ensure that citizens are empowered to access the information they deserve.

The Cost of Bureaucratic Apathy to UPIC Orders: A Case Study in RTI Non-Compliance

Parliament heralded the Right to Information (RTI) Act of 2005 as a master key to good governance. Indeed, lawmakers designed this legislative triumph to empower the common citizen and dismantle the opaqueness of Indian bureaucracy. Furthermore, the premise was simple and revolutionary: a citizen asks a question, and within a statutory limit of thirty days, the state must answer. However, persistent bureaucratic apathy to UPIC orders severely undermines this vision.

However, what happens when this powerful tool meets the immovable object of bureaucratic apathy to UPIC orders? What recourse does a citizen have when key transparency mechanisms become mired in endless delays and empty threats?

My ongoing battle with the local administration in Mirzapur, Uttar Pradesh, serves as a stark case study. It illustrates how the RTI Act’s noble intentions can be ground to a halt by systemic PIO non-compliance. Consequently, this is not just a personal grievance. Rather, it reflects a broader accountability crisis, driven by bureaucratic apathy to UPIC orders, that undermines public trust and defeats the legislation’s purpose.

The Genesis of the Struggle: A Simple Request Denied

The saga began on August 14, 2025, when I filed an online RTI application (Registration No. DMOMR/R/2025/60201). Specifically, I directed the request to the PIO at the office of the Tehsildar, Tehsil Sadar, Mirzapur.

The information I sought was neither vague, sweeping, nor classified. Instead, it pertained to a specific grievance (GOVUP/E/2025/0083834) I previously filed regarding the conduct of the SHO at Police Station Chilh. In fact, the underlying issue is deeply personal and time-sensitive. It involves a family property dispute where relatives allegedly sold ancestral lands illegally without partition. Moreover, individuals are making deliberate attempts to declare me mentally unstable to usurp my share.

My RTI application sought five verifiable facts:

1. The identity of the official who transferred my police-related grievance to the Tehsil Sadar office.
2. The exact reason why officials did not forward this grievance, which directly concerned police conduct, to the Police Department.
3. Copies of any government orders or manuals that authorize a Tehsil office to entertain and adjudicate grievances related to police functioning.
4. Identification of the specific paragraph in my grievance that supposedly sought the “partition of ancestral land.” Indeed, the administration’s interpretation seemed entirely misaligned with my actual complaint.
5. The posting and joining details of the concerned Tehsildar, Revenue Inspector, and Lekhpal.

Under Section 7(1) of the RTI Act, the PIO must provide this information within 30 days. No new records needed to be created, as these were fundamental administrative details. Yet, the 30-day deadline passed with absolute silence from the PIO. Furthermore, the First Appellate Authority (the SDM, Sadar) failed to pass any order. Consequently, I had to escalate the matter to the Uttar Pradesh State Information Commission (UPIC).

The Illusion of Enforcement: Bureaucratic Apathy to UPIC Orders

The escalation to the UPIC (Appeal Number: S11/A/2094/2025) should have catalyzed an immediate resolution. Instead, it became a masterclass in how officials exploit the system’s leniency. Furthermore, the hearing timeline reveals a disturbing pattern of deliberate obstruction and bureaucratic apathy to UPIC orders.

Hearing 1: December 23, 2025 — The First Warning

During the initial hearing before Hon’ble Shri Virendra Pratap Singh (Court Room S-11), I appeared online. However, technical issues hampered my participation. Meanwhile, the PIO simply did not attend. The Commission noted the complete lack of response and directed the PIO to provide the information point-wise in a tabular format within 15 days. Crucially, the order included a strict warning: non-compliance would result in a ₹25,000 penalty under Section 20(1) of the RTI Act.

Hearing 2: February 25, 2026 — The “Final Opportunity”

Two months later, the situation remained unchanged. The PIO again failed to appear and submitted no written explanation for the non-compliance. Naturally, the Commission noted the PIO’s conduct as “highly objectionable.” However, instead of imposing the threatened penalty, the Commission granted a “final opportunity” (अन्तिम अवसर) of 15 days to provide the information. In doing so, it reiterated the threat of the ₹25,000 fine. Nevertheless, the PIO ignored this mandate as well.

Hearing 3: May 18, 2026 — The Show Cause Notice

By May, over nine months had elapsed since the original application. The Commission sent notices to the PIO on multiple dates (27.11.2025, 20.02.2026, and 14.05.2026), but the official ignored all of them. Consequently, the Commission issued a formal Show Cause Notice directly to Sri Vishal Sharma, Tehsildar. It ordered him to appear in person and explain why the Commission should not personally impose the maximum penalty of ₹25,000 for the extreme delay.

Hearing 4: July 23, 2026 & Beyond — The Unending Wait shows Bureaucratic Apathy to UPIC Orders

Despite the formal Show Cause Notice, the silence continued. On July 23, 2026, I submitted a comprehensive written representation reiterating my demands. Specifically, I requested disclosure, the maximum penalty, disciplinary action, and compensation. As of October 2026, a staggering 14 months after the initial request, I have yet to receive the requested information. Currently, the online portal simply reflects the case status as “For further hearing.”

The Core Issues: Deterrence, Delay, and Detriment

My experience highlights several critical flaws in the RTI Act’s implementation. Moreover, it exposes key issues in the functioning of the State Information Commission.

1. The Failure of Deterrence and Bureaucratic Apathy to UPIC Orders

The RTI Act includes strict penal provisions to ensure compliance. For instance, Section 20(1) empowers the Commission to impose a daily penalty of ₹250, up to ₹25,000, on non-compliant PIOs. However, as my case demonstrates, if these penalties are constantly threatened but rarely imposed, they lose all deterrent value.

Tehsildar Vishal Sharma ignored direct orders, missed consecutive hearings, and brushed off a formal Show Cause Notice without immediate financial consequences. This outcome sends a clear message: the Commission’s bark is far worse than its bite. Consequently, bureaucrats realize they can play a game of attrition to wear down applicants with delays. They know the maximum penalty is often just a hollow threat rather than a genuine punishment for gross negligence.

2. Delay as the Ultimate Defense

In matters involving property disputes, illegal sales, or police misconduct, information is highly time-sensitive. Furthermore, its practical value erodes with every passing month. By deliberately withholding details of who handled my grievance and under what authority, the local administration effectively shields potentially corrupt practices and aids illegal activities.

The PIO’s strategy is clear: delay the process long enough until the information becomes moot or the applicant gives up. As a result, this transforms the RTI Act from a tool for swift transparency into an endurance test for the citizen.

3. The Uncompensated Mental Agony

The Supreme Court and various High Courts have repeatedly affirmed that the right to know is a fundamental right. When a public authority willfully suppresses information, it commits more than a procedural lapse; it violates that right.

The prolonged denial of information has caused me immense mental agony, financial loss, and severe detriment. This is particularly damaging given the underlying context of a family dispute where relatives maliciously question my mental stability to grab ancestral property. Furthermore, while Section 19(8)(b) of the RTI Act allows the Commission to award compensation to the complainant, the Commission severely underutilizes this provision. Consequently, citizens spend years fighting for basic information and suffering significant personal costs, while erring officials face no personal liability.

Conclusion: Reclaiming the Spirit of the RTI Act

The case of Naresh Kumar Jaiswal vs. PIO, Tehsildar Sadar, Mirzapur (S11/A/2094/2025) is a textbook example of systemic failure. It shows how widespread bureaucratic apathy to UPIC orders makes a mockery of the RTI Act. Moreover, it reveals an issue where the escalation ladder works only up to a point, and deterrence fails because enforcement is lacking.

For the RTI Act to fulfill its promise, Information Commissions must move beyond granting leniency and “final opportunities.” Instead, they must act decisively. Unless Commissions routinely impose maximum penalties under Section 20(1) and award compensation under Section 19(8)(b), bureaucratic stonewalling will continue to undermine public trust.

Justice delayed is justice denied. In the realm of the Right to Information, information delayed is transparency defeated. Therefore, it is time to hold public servants accountable to the law they are sworn to uphold. This will ensure that the master key to good governance does not rust in the lock of administrative apathy.

Case & Application IDs:

• Original RTI Application Registration No: DMOMR/R/2025/60201 (Filed: 14/08/2025)
• Initial Grievance Reference No: GOVUP/E/2025/0083834
• UPIC Second Appeal Registration No: A-20251101309
• UPIC File/Appeal No: S11/A/2094/2025

Emails of Concerned Public Authorities:

• Public Information Officer (PIO) / Tehsildar Sadar: teh-sadar.mi@up.gov.in (Alternative noted in records: teh-lalganj.mi@up.gov.in)
• First Appellate Authority / SDM Sadar: sdm-sadar.mi@up.gov.in
• District Magistrate (DM), Mirzapur: dm-mirzapur.mi@up.gov.in
• UPIC Hearing Court Room S-11 (Shri Virendra Pratap Singh): hearingcourts11.upic@up.gov.in

Mobile Numbers:

• PIO / Tehsildar Sadar, Mirzapur: 9454416823 (As listed in your original RTI application document)

Web Links & Portal Details:

• UPIC Online Hearing Link: [https://upsic.up.gov.in/cispu?onlinehearing/e4e78b]
• The RTI UPIC Web portal simply reflects the case status as “For further hearing.”

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