D.M. Lucknow denied government order sent by administrative reform as not received in office concerning disclosure of assets

UTTAR PRADESH INFORMATION COMMISSION

Second Appeal under section 19(3) of the Right to Information Act, 2005

Appeal Registration Number - A-20240502016

Appeallent's Particulars

Applied Date : 21/05/2024 07:20:13 AM

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 ADMINISTRATIVE REFORMS DEPARTMENT (District)

Division Lucknow

District Lucknow

Tehsil ---

Block ---

Gram Panchayat ---

Office Administrative Reforms Department,Lucknow Distrcit

Details of Request for obtaining information under section 6(1) of RTI Act, 2005

Date of RTI application under section 6(1) 26-01-2024

Is the Applicant below piverty line? No

Section 6(1) Application No. DMOLK/R/2024/60017

Section 6(1) Transaction ID DMOLKR20240000000025

Action Taken by Public Information Officer(PIO)

Answer of P.I.O. Answer incomplete/unsatisfactory/false/misleading etc.

Date of PIO Reply 29-01-2024

Public Information Officer Details

PIO ACM First

Address Public Information Officer Office - Administrative Reforms Department,Lucknow Distrcit

Pincode 226001

Mobile Number 9415005008

Email acm1.lu-up@gov.in

Details of First Appeal

Date of First Appeal application under Section 19(1) 30-01-2024

FAA Nodal officer

Address First Appellate Authority Office - Administrative Reforms Department,Lucknow Distrcit

Pincode 226001

Mobile Number NA

Email admfr.lu-up@gov.in

FAA Address Details

Answer of First Appellate Authority (FAA) Answer unsatisfactory/false/misleading etc.

Date of Order 21-02-2024

Remarks

Relief sought under Section 19(3)- Second Appeal of the Right to Information Act, 2005 Both public information officer and first appellate authority only misled the appellant

Other Supporting Documents

Document-1 Details Supporting document

Document-2 Details ---

Hearing Option

Hearing Type Offline

Online Hearing Mobile ---

Online Hearing Email ---

Declaration

 I hereby state that the information and particulars given above are true to the best of my knowledge and belief. I also declare that this matter is not previously filed with this commission nor is pending with any Court or tribunal or authority.

Documents Enclosure

Scanned copy of the signed second appeal u/s 19(3) of the Right to Information Act,2005

Document-1

Copy of Order

Copy of PIO Reply

Copy of RTI Application under section 6(1)

Copy of First Appeal under section 19(1)

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- ACM1

Designation ACM1

Phone No 9415005008

Email Id acm1.lu-up@gov.in, PIN Code-226001

2-Concerned Appellate Authority Nodal Officer

Name ASDO

Email-ID admfr.lu-up@gov.in, PIN Code-226001

Prayer- Public information officer did not Provide any information to the appellant as well as first appellate authority who is the nodal officer of District Lucknow upheld the denial of the information arbitrarily without looking into the prose and cons of the decision. 

Short submissions of the appellant are as follows.

1- The reply of the public information officer in the office of District Magistrate Lucknow is as follows.

Reply:- The information sought by you is not correspondent in the office and personal information is not required to be given as per the Right to Information Act-2005. Due to which it is not possible to give information.

2-It seems that the public information officer in the office of district magistrate Lucknow has been habitual to withhold the information from the information seekers which is obvious from his cryptic working style and arbitrary denial of sought information.

3-According to the public information officer whatever information has been sought by the information seeker has not been made correspondence in the office of district Lucknow even when the entire details provided, and documents attached to the RTI application by the appellant.

4- Most respected sir, following is the headline of the government order sent by the Special Secretary Dhananjay Shukla of the government of Uttar Pradesh.

प्रेषक, धनन्जय शुक्ला, विशेष सचिव, उत्तर प्रदेश शासन।

Subject: - Regarding filing of annual movable and immovable property statements by the officers of Uttar Pradesh Civil Services (Executive Branch) through online mode on Sparrow portal.

5-Sir, please refer to pages 4 and 5 of the PDF documents attached with this appeal. The government order was sent by Dhananjay Shukla, Special Secretary of the Government of Uttar Pradesh on 4th  January 2024.

This mandate is addressed to the Chairman Revenue Council Uttar Pradesh Lucknow, all Additional Chief Secretary, Principal Secretary, Government of Uttar Pradesh, all the heads of departments and chief office heads, Uttar Pradesh all the divisional commissioners of Uttar Pradesh, the District Magistrate of Uttar Pradesh.

6-It is most unfortunate that the public information officer in the office of district Magistrate Lucknow is so incompetent that he could not understand the contents of the RTI application ipso facto.

7-Here appellant is not seeking information of the property of the public staff but seeking information concerning the compliance of the government order which has to be followed by 31st January 2024 by entire provincial civil servants in the state and district magistrates, commissioners and other departmental heads had to be instrumental in compliance of the government order concerning the disclosure of assets  by provincial civil servants.

8-Undoubtedly it is a precarious situation that the public information officer in the office of district Magistrate Lucknow could not understand the RTI application and rejected the application arbitrarily on the flimsy ground which is a mockery of the provisions of right to information act 2005.

The Right to information act 2005 was introduced by the government of India to promote transparency and accountability in the working of the public authorities but because of corruption in the public offices provisions of this act are being violated time and again by the public information officers.

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-22/05/2024                                                Yours sincerely.

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

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

 Pradesh, PIN code-231001.