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    Vkfa 91

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    Vkfa 91

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    Vkfa 91

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    of 5

    RIGHT TO INFORMATION ACT, 2005

    First Appeal under Sec 19(1)

    To: Dated : 19.11.2024

    The First Appellate Authority

    From:

    Priyanshu Tyagi

    397 New Mohanpuri Meerut 250003

    Mobile No: 7017111706

    SUBJECT: First Appeal under Sec. 19(1) of the RTI Act 2005

    Dear Sir/Madam,

    I PriyanshuTyagi,would like to make a First Appeal under Sec 19(1) of the RTI Act 2005,
    as per the following details:

    1. Name and Address of Appellant:

    Priyanshu Tyagi

    397 New Mohanpuri Meerut 250003

    Mobile and Whatsapp No : 7017111706

    Email Id: [email protected]

    2. Name and Details of Public information officer appealed against:

    PIO: A.D.O.P Garh

    Designation : ADOP Garh

    Phone No: 9412454637

    Email Id: [email protected]

    3. Reference of the original RTI Application


    Online RTI Application,

    Reg No : DMOHR/R/2024/60091

    Dated : 20/10/2024

    4. Reference of reply of PIO appealed against:

    Didn’t received any response and information from the PIO even after the passing of
    the stipulated time period mentioned in the RTI Act 2005 to respond.

    5. BACKGROUND OF FIRST APPEAL:

    I had applied to the Public Information Officer, under the RTI Act 2005, on online RTI
    portal https://rtionline.up.gov.in/ with Reg No: DMOHR/R/2024/60091 Dated :
    20/10/2024 The application was accompanied by a online payment of Rs. 10.00 ,as
    payment for application fees.

    The RTI application was sent online.

    GROUND FOR FIRST APPEAL WITH REASONS:

    I, humbly submits as under

    a) The PIO didn’t provide me with the information sought by me in the stipulated
    time period mentioned in the RTI Act 2005 .

    The PIO’s failure to provide the requested information/documents as requested in my


    RTI application clearly suggests an attempt to evade accountability.

    Denying access to the requested information undermines the principles of transparency


    and accountability that the RTI Act 2005 seeks to uphold even though The Supreme
    Court of India has recognized the right to information as a fundamental right under
    Article 19(1)(a) of the Constitution of India.

    b) Although I have clearly mentioned the requirements of my RTI application and as


    it is incumbent on the PIO to Provide all reasonable assistance to help me find
    out the information asked by me I would like To quote Section 5(3) and 5(4) of RTI
    Act 2005 which make it mandatory for a PIO to deal with Requests of citizens
    seeking information and render reasonable assistance to them while taking The
    assistance of any other officer, if considered necessary by him or her, for the
    proper Discharge of duties. PIO have to render “all reasonable assistance”
    therefore I request you to please provide me with the information in the manner
    in which it is sought.

    c) In Central Board of Secondary Education & Anr. V. Aditya Bandopadhyay


    & Ors. (2011) 8 SCC 497 The Supreme Court of India clarified that information
    that exists and is held by or under the control of any public authority must be
    provided unless exempted under the RTI Act. the right to information is a
    fundamental right, and the RTI Act is intended to promote transparency. The
    Supreme Court stated that the PIO should provide information unless it falls under
    specific exemptions.

    The information sought by me in my RTI application does not fall under exemptions
    and is related to the large public interest by not providing the information requested
    the PIO is not only depriving me of my fundamental right to information but also
    acting in contravention to the provisions of the RTI Act 2005 without any justification.

    MY “PRAYER/PLEA” IN THIS FIRST APPEAL :

    1. Instruct the PIO, in writing, to give complete information in the manner as


    requested in my above mentioned RTI Application to cooperate and
    provide me with all reasonable assistance in getting the information
    sought by me as this RTI application is filed in the large public interest.

    2. If the First Appellate Authority passes an order in this First Appeal


    application directing the Public Information Officer (PIO) to provide the
    information sought, I respectfully request that the First Appellate
    Authority also ensure the compliance with the order and that the
    information is provided within time and in the manner in which it is
    sought.

    3. Inform and Instruct the PIO that the appellant will move a Complaint/
    Second Appeal before the Uttar Pradesh Information Commission under
    Section 19(3) and will demand imposition of Penalty under Section 20 of
    the RTI Act, at the rate of Rs. 250.00 for every day of delay (subject to a
    maximum of Rs. 25,000.00) from the date the information was due till the
    date the full information is actually given to me for which the PIO will be
    himself responsible for any action against him.
    4. Issue a written warning to the PIO, under the present Rules and
    Regulations of Service, instructing him that he/she should adhere to
    provisions specified in the RTI Act 2005 as well as respect the RTI Act
    2005 in its true letter and spirit.

    5. As per Sec 19(5) of the RTI Act 2005, during the appeal proceedings, the
    PIO, should be asked to explain his “deemed” denial of request for
    information, since the onus to prove that the denial of request was
    justified, is on the PIO.

    6. If the First Appellate Officer finds any difficulty in understanding/ reading


    any Point/grounds or attached documents in this appeal application
    then he/she can contact me I will be available at my mobile No :
    7017111706 (Between 10:30 am to 4:00 pm).

    It is therefore requested to the First Appellate Authority to conduct a proper hearing of


    this First Appeal by following the relevant provision, Rules,Guidelines, and if necessary
    principles of Equity, Justice and Good Conscience and shall pass the order in good
    faith.

    SPECIAL NOTE:

    1. Your attention is drawn to the contents of the Office Memorandum No: 1/3/2008-
    IR, dated 25 April 2008, issued by Department of Personnel & Training ( DoPT)
    ,titled “Guidelines for the Officers designated as First Appellate Authorities under
    the RTI Act 2005”, the relevant excerpts are quoted for your ready reference
    below:

    Para 38:Deciding appeals under the RTI Act is a quasi-judicial function. It is, therefore,
    necessary that the appellate authority should see to it that the justice is not only done
    but it should also appear to have been done. In order to do so, the order passed by the
    appellate authority should be a speaking order giving justification and reasons for the
    decision arrived at.
    Para 40.If First Appellate Authority comes to a conclusion that the appellant should be
    supplied information in addition to what has been supplied to him by the PIO, he may
    either (i) pass an order directing the PIO to give such information to the appellant; or (ii)
    he himself may give information to the appellant while disposing off the appeal. In the
    first case the appellate authority should ensure that the information ordered by him to
    be supplied is supplied to the appellant immediately. It would, however, be better if the
    appellate authority chooses the second course of action and he himself furnishes the
    information along with the order passed by him in the matter.

    2. Your attention is also drawn to the following order of the Hon’ble Supreme Court,

    M/s Nagarjuna Construction Company Limited v. Govt. Of Andhra Pradesh and Ors.
    While deciding Civil Appeal 1438 of 2004, the Hon’ble Supreme Court has observed
    on 20th October 2008:

    Para 36. Principles of natural justice are those rules which have been laid down by the
    Courts as being The minimum protection of the rights of the individual against the
    arbitrary procedure that may be Adopted by a judicial, quasi-judicial and administrative
    authority while making an order affecting those Rights. These rules are intended to
    prevent such authority from doing injustice.

    Thanking You:

    Priyanshu Tyagi

    397 New Mohanpuri Meerut Uttar Pradesh

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