Registration Number PCGBN/A/2024/60024

Name Yogi M P Singh

Date of Filing 16/02/2024

Status APPEAL FORWARDED TO CONCERNED FIRST APPELLATE AUTHORITY as on 17/02/2024

Appellate Authority Details :- Telephone Number:- 8595902505, Email Id:- dcp-polnoida.gb@up.gov.in

  Nodal Officer Details  

Name VISHAL PANDAY

Telephone Number 8595902504

Email-ID adcp-polhq.gb@up.gov.in

Online RTI Appeal Form Details

Public Authority Details :-  

* Public Authority POLICE COMMISSIONER OFFICE GAUTAM BUDDA NAGAR 

Personal Details:-

* Name Yogi M P Singh

Gender Male

* Address Mohalla Surekapuram , Jabalpur Road, Sangmohal post office

Districts Mirzapur

Pincode 231001

State Uttar Pradesh

Educational Status Literate

Phone Number Details not provided

Mobile Number +91-7379105911

Email-ID yogimpsingh[at]gmail[dot]com

Citizenship Indian

* Is the Applicant Below Poverty Line ? No

First Appeal Details u/s 19(1) :-

Registration Number PCGBN/A/2024/60024

Date of Filing 16/02/2024

Concerned Appellate Authority Harishchandra

Phone No 8595902505

Email Id dcp-polnoida.gb@up.gov.in

* Ground For Appeal Refused access to Information Requested

((Description of Information sought (upto 500 characters) )

* Prayer or Relief Sought A-20240200203 Yogi M P Singh Public Information Officer Office - POLICE COMMISSIONERATE GAUTAMBUDHNAGAR 12/02/2024 

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-Shakti Mohan Awasthi Designation-Ad. Deputy Commissioner of Police. Mobile No 8595902511 Email Id adcpnoidagbn@gmail.com, District-Gautam Buddha Nagar, Pin Code-203202 

2-Concerned Appellate Authority- Harishchandra, Mobile No 8595902505, Email Id dcp-polnoida.gb@up.gov.in District-Gautam Buddha Nagar, Pin Code-203202 

Prayer- Public information officer denied information by taking recourse of subsection 1 (h)Section 8 of the right to information act 2005 while the sought information does not concern the investigation. 

Short submissions of the appellant are as follows. 

1- It is submitted before the Honourable Sir that the matter concerns the corruption which must be investigated in transparent and accountable way in time bound manner. Section 173 in The Code Of Criminal Procedure, 1973 

173. Report of police officer on completion of investigation. (1) Every investigation under this Chapter shall be completed without unnecessary delay. As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report. 

2-It is submitted before the Honourable Sir that subsection 1 (h)Section 8 of the right to information act 2005 categorically states that information which would impede the process of investigation or apprehension, or prosecution of offenders is exempted from disclosure under right to information act 2005. 

3-This is a humble request of the appellant to the most respected member of the Information Commission that he must take the perusal of the first and second page of the attached pdf document to this appeal which is the denial of information by the concerned police officer. 

4-It is quite obvious that more than eight months have passed in the matter and the concerned investigation officer of the police is still withholding the information in the name of continuation of investigation in the matter which means if he provides the information it will impede the process of Investigation. 

5-Whether the concerned investigation officer could not submit chargesheet in the concerned competent court which was to be submitted by him as soon as it is completed according to subsection 1 of section 171 of the code of criminal procedure 1973. 

6-Right to information at 2005 was introduced by the government of India to promote transparency and accountability in the working.

Supporting document ((only pdf upto 1 MB)) Supporting document not provided

RTI Application Details u/s 6(1) :-

Registration Number PCGBN/R/2024/60042

Date of Filing 17/01/2024

PIO of Public Authority approached Shakti Mohan Awasthi

Designation Ad. Deputy Commissioner of Police

Phone No 8595902511

Email Id adcpnoidagbn@gmail.com

PIO Order/Decision Number Details not provided

* PIO Order/Decision Date

Registration Number PCGBN/R/2024/60042

Name Yogi M P Singh

Date of Filing 17/01/2024

Status REQUEST DISPOSED OF as on 15/02/2024

Reply :- information has been disposed

  Nodal Officer Details  

Name VISHAL PANDAY

Telephone Number 8595902504

Email-ID adcp-polhq.gb@up.gov.in

Online RTI Request Form Details

Public Authority Details :- 

* Public Authority POLICE COMMISSIONER OFFICE GAUTAM BUDDA NAGAR 

Personal Details of RTI Applicant:-

Registration Number PCGBN/R/2024/60042

Date of Filing 17/01/2024

* Name Yogi M P Singh

Gender Male

* Address Mohalla Surekapuram , Jabalpur Road, Sangmohal post office

Districts Mirzapur

Pincode 231001

State Uttar Pradesh

Educational Status Literate

  Above Graduate

Phone Number Details not provided

Mobile Number +91-7379105911

Email-ID yogimpsingh[at]gmail[dot]com

Citizenship Indian

* Is the Applicant Below Poverty Line ? No

RTI Application Details u/s 6(1) :-

((Description of Information sought (upto 500 characters) )

* Description of Information Sought Whether the concerned investigation officer could not submit chargesheet in the concerned competent court which was to be submitted by him as soon as it is completed according to subsection one of section 171 of the code of criminal procedure 1973. 

Registration Number PCGBN/R/2023/60750, Name Yogi M P Singh, Date of Filing 01-10-2023, RTI Fee Received   10, Online Reference Number IK0CLVTWJ0 Registration Number: PCGBN/A/2024/60004, Name: Yogi M P Singh, Date of Filing :09-01-2024, Request filed with : POLICE COMMISSIONER OFFICE GAUTAM BUDDA NAGAR 

Since three months passed, a second appeal cannot be made against denial of information by a public information officer under subsection 3 of section 19 of the right to information act 2005. 

The documents exchanged with the police attached to this online rti application for the convenience of the public information officer. Subsection 1 of Section 173 in The Code Of Criminal Procedure, 1973 states as Every investigation under this Chapter shall be completed without unnecessary delay. Already more than six months have passed, but in order to conceal the information concerned police personnel are taking recourse to investigation. Whether information concerning corruption can be concealed by taking the recourse that investigation is undergoing? 

Public information officer in the police commissioner at Gautam Budh Nagar may provide the following information to the information seeker which is not concerned with the investigation of the sub inspector in the matter.

1- This matter is a huge scandal concerning the Department of income tax therefore public information officers may provide the reason for not informing the department of income tax regarding this matter as right to reason is the indispensable part of a sound administrative system. 

2- Because of this syndicate huge loss to the public exchequer occurred which must be taken into account. Public information officer may provide a copy of the communication exchanged with the department of the central government in the matter.

3- This matter concerns the economic offence so please provide a copy of the communication exchanged with the economic offensive wing of the state government because the investigation officer of the police is not well equipped to investigate the matter. 

4- Public information officer may provide the copy of those communications in the matter which does not concern the investigation of the investigation officer. 

5- Public information officer may provide the time of limitation to complete the investigation by the investigation officer as the matter concerns the wide public interest so it must be completed in time bound manner. 

Public information officer may provide the above five-point information to the information seeker within a stipulated time of 30 days as prescribed under subsection one of section 7 of the right to information act 2005.

* Concerned PIO Shakti Mohan Awasthi

Designation Ad. Deputy Commissioner of Police

Phone No 8595902511

Email Id adcpnoidagbn@gmail.com

Supporting document ((only pdf up to 1 MB)).