Urban ministry denied sought information illegally in order to conceal the wrongdoings of its staff.



On one side of screen ,government of Uttar Pradesh terminated Lakhs of employees working on contract basis in local bodies by taking recourse of order of court and on other side of coin the order of same court was not complied by the government of Uttar Pradesh in which illegal payment made by appointers had to be recovered from their salaries. Whether this is not injustice with the weaker and downtrodden section.
Whether matter is subjudice can be solid ground to withhold the sought information when the sought information is concerned with the larger public interest. 
8. Exemption from disclosure of information. —(/) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—
(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the
security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of
an offence;

(b) information which has been expressly forbidden to be published by any court of law or tribunal or the
disclosure of which may constitute contempt of court;

(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State
Legislature;
(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of
which would harm the competitive position of a third party, unless the competent authority is satisfied that larger
public interest warrants the disclosure of such information;
(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied
that the larger public interest warrants the disclosure of such information;
(f) information received in confidence from foreign Government;
(g) information, the disclosure of which would endanger the life or physical safety of any person or identify
the source of information or assistance given in confidence for law enforcement or security purposes;
(h) information which would impede the process of investigation or apprehension or prosecution of offenders;
(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which
the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or
over:
Provided figther that those matters which come under the exemptions specified in this section shall not be
disclosed;
(j) information which relates to personal information the disclosure of which has no relationship to any public
activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central
Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be,
is satisfied that the larger public interest justifies the disclosure of such information:

Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied
to any person.

(2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the exemptions permissible
in accordance with sub-section (/), a public authority may allow access to information, if public interest in disclosure
outweighs the harm to the protected interests.

(3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (/), any information relating to any
occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any
request is made under section 6 shall be provided to any person making a request under that section:
8
Right to Information Act, 2005
(Chapter II—Right to information and obligations of public authorities.)
Provided that where any question arises as to the date from which the said period of twenty years has to be
computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.
9. Grounds for rejection to access in certain cases.—Without prejudice to the provisions of section 8, a Central

Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
Please direct PIO ,principal secretary urban development to provide sought information to your applicant.
1 message
Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com> Wed, Apr 13, 2016 at 6:46 PM
To: pmosb <pmosb@pmo.nic.in>, supremecourt <supremecourt@nic.in>, presidentofindia@rb.nic.in, urgent-action <urgent-action@ohchr.org>, “hgovup@up.nic.in” <hgovup@up.nic.in>, csup <csup@up.nic.in>, cmup <cmup@up.nic.in>, “sec.sic” <sec.sic@up.nic.in>

An application under subsection 1 of section 6 of Right to Information Act 2005.
12 April 2016
12:48
To
                                     Principal secretary Urbon Development
                                       U.P. Secretariat ,Lucknow  ,Uttar Pradesh
Subject-To furnish access to Information point wise as sought by your applicant within prescribed time as stipulated under subsection 1 of section 7 of Right to Information Act 2005.
Hon’ble Sir-With due respect your applicant wants to draw the kind attention of the Hon’ble Sir to the following submissions as follows.
1-It is submitted before the Hon’ble Sir that on 10-November-2015 Director ,Urban body ,Uttar Pradesh ,eighth floor Lucknow directed all Nagar Aayukta ,Nagar Nigams  ,Uttar Pradesh and Executive Officers , Nagar Palika Parishads /Nagar Panchaayats ,Uttar Pradesh (by D.M. Mirzapur ) ,all payments made  to illegal appointee (as declared by High court of judicature at Allahabad in verdict delivered on 26/05/2014 Case :­ WRIT ­ A     No. ­ 40236 of 2012)  from the government fund must be realised from  the appointers . This information in regard to recovery of illegal payments must be made available within one week as directed by government. Hon’ble Sir may be pleased to take a glance of attached documents with this representation.
Sought information-1-What action taken by the concerned in compliance of aforesaid directive? Please made available action taken report.
Sought information-2-Whether the court order was complied by the concerned if not how more  time will be taken by the concerned in order to comply the order of court?
2-It is submitted before the Hon’ble Sir that following order was passed in the aforesaid case-
eLegalix – AUahabad High Court Judgment Information System
   (Judgment/Order In Text Formal)
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No.  1
Case :-WRIT-A No. -63834 at 2012
And 63835
Petitioner Subodh Kumar Gupta And Others
Respondent – Stale Of U.P. through PrinciaI SecratryOthers
Counsel for Petitioner :- Avanish Mishra. AK.Malviya, Anoop Trivedi ,Atul Kumar Tiwari
10. Thai so far as the first part of the order dated 26.5.2O14 is concerned, the Director of the Local Bodies has submitted as report on 5.11.2015 on prescribed format disclosing therein the total number of daily wagers/contract employees engaged in various Local Bodies.
11. That so for as the total payment of illegally appointees is concerned, it is to be worked out at Directorate level and the same may be worked out soon.
12. That so for as the action taken for realization of amount,  another part of the order is concerned, it requires some time as I involves 630 Municipal Bodies and that too the payments was made during the period they worked.
As prayed by the learned Additional Advocate General, put up on 26.11.2015 on which date an affidavit of compliancecontaining complete details with respect to the statement made in paragraph no.11 of the aforequoted  affidavit shall be filed by the Principal Secretay, Urban Development, Government of U.P.. Lucknow. OrderDate-6.11.2015
Sought information-3-Your applicant wants to know that whether contempt of court proceedings initiated against principal secretary, urban development ,Government of Uttar Pradesh.
Sought information-4-Your applicant wants to know that what is current position of recovery of government fund spent illegally by appointers.
   Please made available aforesaid sought information under point 1,2, 3, and 4 as soon as possible .   
 This is humble request of your applicant to you Hon’ble Sir that It can never be justified to overlook  the rights of citizenry by delivering services in arbitrary manner by floating all set up norms. This is sheer mismanagement which is encouraging wrongdoers to reap benefit of loopholes in system and depriving poor citizens from right to justice. Therefore it is need of hour to take concrete steps in order to curb grown anarchy in the system. For this your applicant shall ever pray you Hon’ble Sir.
                                  
This is humble request of your applicant to you Hon’ble Sir that It can never be justified to overlook  the rights of citizenry by delivering services in arbitrary manner by floating all set up norms. This is sheer mismanagement which is encouraging wrongdoers to reap benefit of loopholes in system and depriving poor citizens from right to justice. Therefore it is need of hour to take concrete steps in order to curb grown anarchy in the system. For this your applicant shall ever pray you Hon’ble Sir.
                                    ‘Yours  sincerely
                            Yogi M. P. Singh Mobile number-7379105911
Mohalla-Surekapuram, Jabalpur Road District-Mirzapur , Uttar Pradesh ,India .


Information sought from PIO ,principal secretary urban development.pdf
394K

2 comments on Urban ministry denied sought information illegally in order to conceal the wrongdoings of its staff.

  1. Sought information-3-Your applicant wants to know that whether contempt of court proceedings initiated against principal secretary, urban development ,Government of Uttar Pradesh.
    Sought information-4-Your applicant wants to know that what is current position of recovery of government fund spent illegally by appointers.
    Please made available aforesaid sought information under point 1,2, 3, and 4 as soon as possible .

  2. Here this question arises that why public authority Urban development ministry is running away from sought on flimsy ground. This is reflection of sheer tyranny and corruption in the ministry of urban development government of uttar pradesh.

Leave a Reply

%d bloggers like this: