Welcome UPICR20240000149
UTTAR PRADESH INFORMATION COMMISSION
Second Appeal under section 19(3) of the Right to Information Act, 2005
Appeal Registration Number - A-20240100172
Appeallent's Particulars
Name Yogi M P Singh
Gender Male
State UTTAR PRADESH
District MIRZAPUR
Town/Village मिर्जापुर
Pincode 231001
Mobile Number 7379105911
Email yogimpsingh@gmail.com
Address सुरेकापुरम कॉलोनी जबलपुर रोड मिर्जापुर सिटी
Department
Department TRANSPORT DEPARTMENT (Governance)
Office ADMINISTRATIVE REFORMS DEPARTMENT
Details of Request for obtaining information under section 6(1) of RTI Act, 2005
Date of RTI application under section 6(1) 16-01-2024
Is the Applicant below poverty line? No
Section 6(1) Application No. 60002
Section 6(1) Transaction ID IK0CPIXYB8
Action Taken by Public Information Officer(PIO)
Answer of P.I.O. Answer unsatisfactory/false/misleading etc.
Date of PIO Reply 19-01-2024
Public Information Officer Details
PIO श्रीमती शुभ्रा अनुभाग दो
Address Public Information Officer Office - ADMINISTRATIVE REFORMS DEPARTMENT
Pincode 226001
Mobile Number 9454413568
Email ard092156@gmail.com
Details of First Appeal
Date of First Appeal application under Section 19(1) 20-01-2024
FAA वेद प्रकाश राजपूत
Address First Appellate Authority Office - ADMINISTRATIVE REFORMS DEPARTMENT
Pincode 226001
Mobile Number 9454411189
Email ard092156@gmail.com
FAA Address Details
Answer of First Appellate Authority (FAA) Answer unsatisfactory/false/misleading etc.
Date of Order 24-01-2024
Remarks
Relief sought under Section 19(3)- Second Appeal of the Right to Information Act, 2005 सूचना न देने के लिए जनसूचना अधिकारी को दंडित करें
To
Chief Information Commissioner/ Companion Information Commissioners
7/7A, RTI Bhawan, Vibhuti Khand, Gomti Nagar Lucknow, Uttar Pradesh, PIN Code-226010
Details of the appellant-Mohalla Surekapuram colony , Jabalpur Road, Sangmohal post office, Districts Mirzapur, Pincode 231001,State Uttar Pradesh, Mobile number 7379105911
Details of the respondents-
1-PIO of Public Authority approached SMT SHUBRA SECTION
Department of administrative reform, Lucknow, Uttar Pradesh
Designation Section Officer, Phone No 9454413568, Email Id ard092156@gmail.com, PIN Code-226001
2-Concerned Appellate Authority VED PRAKASH RAJPUT
Department of administrative reform, Lucknow, Uttar Pradesh
Phone No 94544111890, PIN Code-226001
Prayer- Public information officer arbitrarily denied the information and First appellate authority upheld it illegally without considering the pros and cons of the result. Please take action against the public information officer under section 20 of the right to information act 2005 and order disciplinary action against the working of the first appellate authority for withholding the information by upholding the denial of information.
Short submissions of the appellant are as follows.
1-The first appellate authority supported the illegal stand of the public information officer withholding the information, as follows.
Reply :- The reply given by PIO is given below:-
The information seek in point 01, 02, 03,05 is related to multiple public authority where as information seek in point 04 is from SP Office, Mirzapur.
The reply of PIO found to be correct, hence appeal dispose off.
2-Public information officer denied the information as follows.
Mobile number and email were sought for inclusion of public authorities in the UP RTI online portal. Thereafter, the user ID and password of the nodal officer were sent to the email of the concerned public authorities. It is the responsibility of the Nodal Officer to create user ID and password of all the First Appellate Authority and Public Information Officers working and posted in their public authority. Therefore, the work of the Administrative Reforms Department is only to generate the user ID and password of the nodal officer.
After examining all the points of information sought in your RTI application, it was found that due to the information sought by you related to various public authorities, your application cannot be entertained under Rule-4(5) of the UP Right to Information Rules.
3- Proclamation of the RTI portal of government of Uttar Pradesh displaying on the portal is as-
Content of this site is provided by Administrative Reforms Department, Government of Uttar Pradesh and Software maintained and refurbished by NIC Uttar Pradesh.
4-The matter concerns the RTI online, an initiative of the government of Uttar Pradesh, the contents of the website is provided by the administrative reforms department of government of Uttar Pradesh. The RTI online web portal of the government of Uttar Pradesh is a dynamic website whose contents can be updated easily.
5-The first point of the information is-1- Public information officer may provide the name and designation of the staff who collects the information, and this information is provided to the Nick Uttar Pradesh to update on the RTI portal.
Where is the name and designation of the staff of the Department of administrative reform who collects the information to provide Nick Uttar Pradesh?
6- The second point of the information is as- The names of the nodal officers, public information officers and the first appellate authorities are not updated while the concerned officers are transferred to the other public authorities. Right to reason is an indispensable part of the sound administrative system so please provide reason for it.
It must be noted that nodal officers are also transferred so their names must also be updated but it is not done so it comes under the ambit of Department of administrative reform and its reason must be provided by the public information officer.
7-It is quite obvious that the Department of Administrative reform is the facilitator of the information so its accountability cannot be overlooked regarding the authenticity of the information. There are only two public authorities specifically mentioned in the RTI application; first is the Department of administrative reform and second is the Office of Superintendent of police district Mirzapur. It is an obligatory duty of the public information officer to provide the information concerning the Department of administrative reform and then to provide the rest of information it must forward it under subsection 3 of section 6 of the right to information act 2005 to superintendent of police district Mirzapur.
8- It is quite obvious that RTI portal of the government of Uttar Pradesh is being monitored by Department of administrative reform but it is most unfortunate that accountable staff of the Department of administrative reform are not taking cognizance of the anomalies in the functioning of the website especially its contents not software.
9- The appellant sought following information from the public information officer.
1- Public information officer provides the name and designation of the staff who collects the information and this information is provided to the Nick Uttar Pradesh to update on the RTI portal.
2- The names of the nodal officers, public information officers and the first appellate authorities are not updated while the concerned officers are transferred to the other public authorities. Right to reason is an indispensable part of the sound administrative system so please provide reason for it.
3- There are several emails of the nodal officers available on the RTI portal of the government that are not in the working condition, but no action is taken even after complaints are made. Please provide the reason for it.
4-Concerned PIO mahesh singh atri, Designation Mirzapur, Phone No 9454401105 and RTI APPEAL RECEIVED as on 14/09/2023 Nodal Officer Details Name AJAY KUMAR SINGH, Telephone Number 9454401105
Please provide the name of the public information officer, nodal officer and first appellate authority in the office of superintendent of police district Mirzapur and also provide the reason for displaying the old names on the RTI portal of the government of Uttar Pradesh.
5- There are many public information officers who have not provided their emails and C.U.G./official mobile numbers causing too much difficulty to the information seekers. Please provide the reason for not providing information on the RTI portal of the government.
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 arbitrarily by making the mockery of law of land? There is need of the hour to take harsh steps against the wrongdoer to win the confidence of citizenry and strengthen the democratic values for healthy and prosperous democracy. For this, your appellant shall ever pray for you, Hon’ble Sir.
Date-25/01/2024 Yours sincerely
Yogi M. P. Singh, Mobile number-7379105911,
Mohalla- Surekapuram colony, Riva Road, District-Mirzapur, Uttar
Pradesh, PIN code-231001.
To see the signed copy of the second appeal attached with online appeal, please click on the link