Constitutional bench of Apex Court passed the order to ensure the compliance of section 4 of right to information act 2005

 


Grievance Status for registration number: GOVUP/E/2023/0086182

Grievance Concerns To

Name Of Complainant

Mahesh Pratap Singh alias Yogi M. P. Singh

Date of Receipt

27/12/2023

Received By Ministry/Department

Uttar Pradesh

Grievance Description

​ The matter concerns the working of the state Information Commission of the government of Uttar Pradesh under whose supervision not a single information is being provided by public authorities and information under section 4 of the right to information act 2005 is far away from the reach of the citizens in the state.

An application under article 51 a of t​he Constitution of India to make inquiry regarding the order passed by the constitutional bench of most respected Apex Court of India regarding the compliance of the section 4 of the right to information ​act 2005 and also directed the central information commission as well as state Information Commission to direct the public authorities under subsection 5 ​of section 25​ which states as follows-

If it appears to the Central Information Commission or State Information Commission, as the case may be that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with the provisions or spirit of this Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity.

​ Chief Information Commissioner of state information commission government of Uttar Pradesh must provide the action taken by him in regard to the compliance of the order passed by the Apex Court of India if he has not taken any action please provide the reason of it as right to reason is the indispensable part of sound judicial system as well as it is integral part of the sound administrative system if government is interested in providing good governance to the citizens in the state.

The information which must be provided by the public authorities voluntarily to the citizens is not being provided under subsection one of section 6 of the right to information act 2005. No public authority even office of Chief Minister is not providing information under section 4 of the right to information act 2005. Undoubtedly, right to information act 2005 has reached in its dilapidated state because of the lackadaisical approach of the transparency Ombudsman In the state of Uttar Pradesh.

Kishan Chand Jain Vs. Union of India & Ors.​, Writ Petition (Civil) No. 990 of 2021​, Pamidighantam Sri Narasimha, J.

1. This Writ Petition under Article 32 of the Constitution of India filed by way of a public interest litigation seeking multiple reliefs, running into three pages, the gist of which is only for a direction to implement the mandate of Section 4 of the Right to Information Act, 2005.1 As the prayer is only for implementing the various obligations enlisted under Section 4, it is necessary to reproduce the Section for ready reference:

For the reasons stated above, we direct that the Central Information Commission​ and the State Information Commissions shall continuously monitor the​ implementation of the mandate of Section 4 of the Act as also prescribed by the​ Department of Personnel and Training in its Guidelines and Memorandums​ issued from time to time. The directions will also include instructions under O.M.​ dated 07.11.2019 issued by the Department. For this purpose, the​ Commissioners will also be entitled to issue recommendations under subSection (5) of Section 25 to public authorities for taking necessary steps for​ complying with the provisions of the Act.

27. The Writ Petition (C) No. 990 of 2021 is disposed of with the direction to the​ Central Information Commission and the State Information Commissions to​ ensure proper implementation of the mandate of Section 4 of the Act, by​ following the directions as indicated above.

28. There shall be no order on costs.

This landmark judgement was passed by Dr Dhananjay Y Chan​drachu​d CJI, Pamidighantam Sri Narasimha​ J and J.B. Pardiwala​ J on 17th August 2023.

For the more details of the order passed by the Apex Court of India as above please take a glance at the attached pdf document to the grievance.

Grievance Document

Current Status

Grievance received   

Date of Action

27/12/2023

Officer Concerns To

Forwarded to

Uttar Pradesh

Officer Name

Shri Bhaskar Pandey (Joint Secretary)

Organisation name

Uttar Pradesh

Contact Address

Chief Minister Secretariat , Room No. 321, U.P. Secretariat, Lucknow

Email Address

bhaskar.12214@gov.in

Contact Number

05222226350

To see the attached document to the grievance i.e. judgement passed by Apex Court, please click on the link

Yogi

An anti-corruption crusader. Motive to build a strong society based on the principle of universal brotherhood. Human rights defender and RTI activist. Working for the betterment of societies and as an anti-corruption crusader for more than 25 years. Our sole motive is to raise the voices of weaker and downtrodden sections of the society and safeguard their human rights. Our motive is to promote the religion of universal brotherhood among the various castes communities of different religions. Man is great by his deeds and character.

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