E-filing facility is not available in UPIC is violation of order passed by apex court of India in Writ Petition (Civil) No. 360 of 2021

 


Grievance Status for registration number: GOVUP/E/2023/0086523

Grievance Concerns To

Name Of Complainant

Mahesh Pratap Singh alias Yogi M. P. Singh

Date of Receipt

29/12/2023

Received By Ministry/Department

Uttar Pradesh

Grievance Description

Please provide the latest status regarding the compliance of the order passed by the Supreme Court of India.

New Delhi October 09, 2023, CJI. Dr Dhananjaya Y Chandrachud, JudgeJ B Pardiwala and Judge Manoj Mishra passed the order to ensure compliance by 31st December 2023. The communications Regarding digitalisation of the second appeal by the state information commission exchanged with the state information commission, government of Uttar Pradesh is attached to this representation in pdf format.

The matter concerns the working of the state Information Commission of the government of Uttar Pradesh regarding SICs must ensure that e-filing of complaints and appeals. 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 hybrid mode of hearing and digitalization of process of inviting appeals in the state information commission of Uttar Pradesh.

Submission regarding point 1-PIO invited information from the server room of Uttar Pradesh state information commission and according to the information made available by the server room it was stated in the note by the concerned clerk that this information is not accessed by his table. This implies that the public information officer cryptically denied the information.

4-Public Information Officer may provide the information as What are the difficulties faced by the State Information Commission in digitizing the process of second appeal and why there is delay in its implementation?

Please provide the details to the people in the state who are suffering a lot because of the offline mode. Submission- This information from 1 to 4 denied by the public information officer on the ground of the response made in point one by the public information officer.

Submission- Public information officer made available information that No fund was made available by the state government for the promotion of the right to information act among the citizenry in the state. It is quite obvious that information sought by the appellant from point 1 to 4 was cryptically denied by the public information officer.

23. In view of the above discussion, we are of the considered view that access to the Information Commissions is integral to securing the right to information, which is a necessary concomitant of right to equality under Article 14, the freedom of speech and expression under Article 19(1)(a) of the Constitution, and the right to life under Article 21. Accordingly, we direct that all SICs across

the country must provide hybrid modes of hearing to all litigants for the hearing of complaints as well as appeals. All SICs must provide an option for availing of a hybrid mode of hearing which shall be at the discretion of the applicant, or as the case may be, the appellant. The links for availing of the option must be stipulated in the daily cause list of the Information Commissions across the country. This shall be operationalized no later than by 31 December 2023.

24. That apart, there can be no gainsaying the fact that e-filing provides round the clock access to courts, and in the process, facilitates convenience of lawyers and litigants.18 We direct that all SICs must ensure that e-filing of complaints and appeals is provided in a streamlined manner to every litigant. Steps should also be taken having regard to the provisions of Section 26 of the RTI Act to ensure that service is effected on Public Information Officers through electronic mode. This shall also be implemented by 31 December 2023.

27. All the State Governments shall cooperate in the implementation of order. The State Governments shall, where funds are required, ensure provision of necessary funds to all the SICs for setting up the infrastructure for conducting virtual hearings. The CIC and SICs would be at liberty to avail of the facilities which have been provided by the NIC for setting up the websites.

Grievance Document

Current Status

Grievance received   

Date of Action

29/12/2023

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 communications exchanged with the state information commission, please click on the link

To see the order passed by constitutional bench of Supreme Court of India, 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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