Central Information Commission
CIC/AD/A/2009/001400
Dated 16th November, 2009
Name of the Applicant : MR. AJAY OJHA
Name of the Public Authority : MINISTRY OF EXTERNAL AFFAIRS
Background
1. The Applicant filed his RTI request on 11.06.09 with the PIO, Ministry of
External Affairs, New Delhi wherein he wanted to know whether one Mr.
Purnendu Kumar Ojha is a citizen of Nepal or of India and the benefits being
enjoyed by Mr. Purendu Kumar Ojha in India as a Nepali citizen. He also
wanted to know whether Mr.Ojha is included in the list of Nepali citizens. He
requested for necessary action against such people who are enjoying the
facilities provided by both the countries.
2. The PIO replied on 03.0709 informing him that concerned Division in the
External Affairs Ministry has referred the matter to the Indian Mission in
Kathmandu who have informed the Ministry that they do not have information
on the dual citizenship of Mr. Purender Kumar Ojha. In this regard, the Indian
Mission in Kathmandu has also requested the Nepalese Government for
verification of nationality of Mr.Ojha. The Reply of Embassy of India Embassy,
Kathmandu as well as their request were forwarded to the Appellant. Being
aggrieved with the reply, the Appellant filed a First Appeal on 29.09.09
stating that Mr. Ojha as a Nepali citizen had acquired an MBBS degree in
1978 from Medical College, Meerut (U.P.) and also an MS from the Post-
Graduate Institute in Chandigarh on the basis of his Nepalese citizenship and
had also worked as a Senior Resident in Safdarjang Hospital, Delhi for some
time. The Appellant contended that Mr. Ojha had hidden his true citizenship
from the passport office in Delhi and had obtained a passport with no.
G485984 or G 985984. He however, his passport No. He requested that an
enquiry be conducted on this matter. However, on not receiving any reply
from the First Appellate Authority, he filed a Second Appeal before the CIC.
3. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for 16th November, 2009.
4. Mr. Debraj Pradhan, JS(RTI) & CPIO represented the Public Authority.
5. The Applicant was not present during the hearing.
Decision
6. The Respondent submitted that the Embassy of India, Kathmandu (Nepal) in
response to Ministry of Foreign Affairs, New Delhi, sent a reply dated
13.11.09 informing him that there is no information in their records attesting
to the Indian nationality of Mr.Purnendu Kumar Ojha. Verification details of
the Nepali nationality of the individual are also not available with the Indian
Mission and consequently the same were requested from Ministry of Foreign
Affairs, Government of Nepal. Records available with Education Wing of E.O.I,
Kathmandu also do not have any information regarding the individual
Purnendu Kumar Ojha having availed any scholarship or other assistance
from the Mission to pursue his studies in India. According to the Second
Secretary who wrote the letter, a preliminary check of available records
further revealed that the Mission does not have any records of the individual
named Mr. Purnendu Kumar Ojha or Dr. Purnendu Ojha having acquired any
passport or Arms License from there. Subsequently, the Respondent CPIO
also received a letter dated 05.11.09 from Regional Passport Officer, Delhi
informing him that one of the two passports mentioned by the
Appellant(G985984) was issued on 14.03.1990 by their office to Mr. Purendu
Ojha S/o Ram Bilas Ojha, R/o Ojha Niwas, Sreenandan Road, Chapra Bihar,
Date of Birth 17.02.1960 and place of Birth Chhapra, profession – medical.
After hearing the submission of the Respondent , the Commission directs the
CPIO to send a reminder to Embassy of India, Kathmandu (Nepal) to gather
further information from the Ministry of Foreign Affairs, Nepal, if available,
and to provide the same to the Appellant. The Appellant may also be
furnished with copies of letters received from Regional Passport Officer and
from the Embassy of India Kathmandu (Nepal by 15 December, 2009). The
appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Assistant Registrar
Cc:
1. Mr. Ajay Ojha
Shobha Apartment
Flat No.302, Subhjeet Path
Panduee Kothi Compound,
Boring Road, Patna.
2. The PIO
Ministry of External Affairs
O/o the Joint Secretary (RTI)
Akbar Bhawan, Chankyapuri
New Delhi.
3. The Appellate Authority
Ministry of External Affairs
O/o the Special Secretary (PD)
Room No.183-A, South Block
New Delhi
4. Officer in charge, NIC
5. Press E Group, CIC