Second appeal against PIO Manish Kumar Misra has been rectified

Second appeal submitted against Shakti Mohan Awasthi, Ad. Deputy Commissioner of Police

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

Welcome UPICR20240000149

UTTAR PRADESH INFORMATION COMMISSION

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

Appeal Registration Number - A-20240200203

Appeallent's Particulars

Applied Date : 22/10/2024 12:00:00 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 HOME DEPARTMENT (District)

Division Meerut

District Gautam buddhnagar

Tehsil ---

Block ---

Gram Panchayat ---

Office POLICE COMMISSIONERATE GAUTAMBUDHNAGAR

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

Date of RTI application under section 6(1) 01-10-2023

Is the Applicant below piverty line? No

Section 6(1) Application No. PCGBN/R/2023/60750

Section 6(1) Transaction ID PCGBNR20230000001189

Action Taken by Public Information Officer(PIO)

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

Date of PIO Reply 31-10-2023

Public Information Officer Details

PIO Manish Kumar Mishra

Address Public Information Officer Office - POLICE COMMISSIONERATE GAUTAMBUDHNAGAR

Pincode 203202

Mobile Number 8595902511

Email adcpnoidagbn@gmail.com

Details of First Appeal

Date of First Appeal application under Section 19(1) 09-01-2024

FAA Rambadan Singh

Address First Appellate Authority Office - POLICE COMMISSIONERATE GAUTAMBUDHNAGAR

Pincode 203202

Mobile Number 8218118238

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

FAA Address Details

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

Date of Order 04-02-2024

Delay Reason NA

Remarks

Relief sought under Section 19(3)- Second Appeal of the Right to Information Act, 2005 Public information officer denied information by taking recourse of subsection 1 h of Section 8 of Right information act 2005 while the sought information does not concern investigation

Other Supporting Documents

Document-1 Details Application 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-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.