Second appeal submitted against Shakti Mohan Awasthi, Ad. Deputy Commissioner of Police for not providing information



 

A-20240200203 Yogi M P Singh Public Information Officer Office - POLICE COMMISSIONERATE GAUTAMBUDHNAGAR 12/02/2024

Information of 2660 Shell companies and misuse of PAN of 635000 people, G.B.N. police is not providing any information under RTI

Information of 2660 Shell companies and misuse of PAN of 635000 people are not reported to income tax by G.B.N. police is surprising

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 one half 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 of the public authorities so that corruption growing like jungle fire must be curbed by the government but here in the name of investigation information concerning wide public interest and deep-rooted corruption is being concealed by the police such practises must be stopped.

7-The information sought by appellant is not concerned with the investigation of the sub inspector in the matter. The transparency in the investigation can be guessed easily from the fact that information is not concerning with the investigation, is being withheld by the public information officer. How can it be justified to withhold information; public information officer is allowing the investigation officer to carry out investigation and making undue delay.

8-Description of information sought by the appellant are as follows.

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 a time bound manner.

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-12/02/2024                                                Yours sincerely.

                                     

                                                    Yogi M. P. Singh, Mobile number-7379105911,

Mohalla- Surekapuram colony, Jabalpur Road, District-Mirzapur, Uttar

 Pradesh, PIN code-231001.

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.

3 Comments

Whatever comments you make, it is your responsibility to use facts. You may not make unwanted imputations against any body which may be baseless otherwise commentator itself will be responsible for the derogatory remarks made against any body proved to be false at any appropriate forum.

  1. There must be transparency and accountability in the role of the police but it is most unfortunate the police is not providing information under right to information act 2005 which reflects that there is no transparency and account ability in the working of police.

    ReplyDelete
  2. There is no fear of penal action in the public information officers which is the road cause of not providing information to the information seekers.

    ReplyDelete
  3. It is quite obvious that cyber criminal activities have reached on its Zenith in Government of India and police in the states especially in Uttar Pradesh showing Lackuster performance in arresting the cyber criminals.

    ReplyDelete
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