Mockery of Right to Information Act 2005 by the backward class welfare officer Divya Shukla

Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
Backward class welfare officer Divya Shukla denied the sought information on flimsy ground in order to conceal wrongdoings.
1 message
Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com> 27 May 2018 at 21:20
To: dmmir@up.nic.in, pmosb <pmosb@pmo.nic.in>, cmup <cmup@up.nic.in>, “sec. sic” <sec.sic@up.nic.in>, supremecourt <supremecourt@nic.in>, urgent-action <urgent-action@ohchr.org>

An appeal under subsection (1) of section 19 of Right to Information Act 2005 against the denial of sought information by the backward class welfare officer Divya Shukla to conceal wrongdoings.  

To 
                                                          District Magistrate 
                                                           District-Mirzapur, Pin code-231001,Uttar Pradesh
Subject -Aforementioned backward class welfare officer Divya Shukla violated the provisions of Right to Information Act 2005 and specifically subsection (1) of section 7 of Right to Information Act 2005 which prescribes as-
Section (7)(1) Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9:
With due respect, appellant invites the kind attention of the Hon’ble Sir to the following points which are submissions against the dereliction and unlawful approach of Backward class welfare officer Divya Shukla who violated the provisions of Right to Information Act 2005 and made the mockery of it.
1-Hon’ble Sir be informed that subsection (1)  of section 6 quotes as-
6      (1)          
A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, accompanying such fee as may be prescribed, to—
                (a)    the Central Public Information Officer or State Public Information Officer, as the case may be, of the concerned public authority;
                (b)    the Central Assistant Public Information Officer or State Assistant Public Information Officer, as the case may be,
specifying the particulars of the information sought by him or her:
Provided that where such request cannot be made in writing, the Central Public Information Officer or State Public Information Officer, as the case may be, shall render all reasonable assistance to the person making the request orally to reduce the same in writing.
2-According to public information officer i.e. Backward class welfare officer Divya Shukla, setup norms were not followed by me in seeking information from her. Sir, I don’t know about her and her mysterious behaviour in regard to dealing with my RTI communique but one thing is clear that she is incompetent for the post she has occupied currently. I don’t know about which proforma she is talking about but one thing is quite clear that if any rule is made by the competent authority which may adversely affect the generality of provisions of Right to Information Act 2005 will lie null. 

28    (1)          
The competent authority may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
        (2)           In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
                (i)     the cost of the medium or print cost price of the materials to be disseminated under sub-section (4) of section 4;
                (ii)    the fee payable under sub-section (1) of section 6;
                (iii)   the fee payable under sub-section (1) of section 7; and
                (iv)   any other matter which is required to be, or may be, prescribed.

3-Hon’ble Sir may be pleased to take a glance at the attached document in four pages including R.T.I. Application dated-19-04-2018 which were received in the office of aforementioned public information officer i.e. Backward class welfare officer Divya Shukla on 20/04/2018 quite obvious from the online tracking of the speed registered post. Denial of information by public information officer i.e. Backward class welfare officer Divya Shukla was made through the communication dated 19-May-2018 and received by the appellant on 26/05/2018 is the violation of the provisions of Right to Information Act 2005. 

4-Hon’ble Sir may be pleased to take a glance of subsection (1)  of section 4: D of Right to Information Act 2005 as follows –   


Every public authority shall—
provide reasons for its administrative or quasi-judicial decisions to affected persons.
Here denial of sought information can be made only under section 8 and section 9 or under section 2 if the sought information is not defined under this provision.
              
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 in an arbitrary manner by making the mockery of law of land? There is need of the hour to take harsh steps against the wrongdoer in order to win the confidence of citizenry and strengthen the democratic values for healthy and prosperous democracy. For this, your applicant shall ever pray you, Hon’ble Sir.                                                         
                                                                              Yours sincerely
Date-27-05-2018              Yogi M. P. Singh, Mobile number-7379105911, Mohalla- Surekapuram, Jabalpur Road, District-Mirzapur, Uttar Pradesh, Pin code-231001.

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Mahesh Pratap Singh Yogi M P Singh

Hon'ble Sir may be pleased to take a glance at the attached document in four pages including R.T.I. Application dated-19-04-2018 which were received in the office of aforementioned public information officer i.e. Backward class welfare officer Divya Shukla on 20/04/2018 quite obvious from the online tracking of the speed registered post. Denial of information by public information officer i.e. Backward class welfare officer Divya Shukla was made through the communication dated 19-May-2018 and received by the appellant on 26/05/2018 is the violation of the provisions of Right to Information Act 2005.

Arun Pratap Singh
2 years ago

Hon'ble Sir may be pleased to take a glance of subsection (1)  of section 4: D of Right to Information Act 2005 as follows –   

Every public authority shall—
provide reasons for its administrative or quasi-judicial decisions to affected persons.
Here denial of sought information can be made only under section 8 and section 9 or under section 2 if the sought information is not defined under this provision.