Central Information Commission Judgements

Mr.Mukhtar Ahmed vs Regional Passport Office, … on 27 May, 2009

Central Information Commission
Mr.Mukhtar Ahmed vs Regional Passport Office, … on 27 May, 2009
             Central Information Commission
                                                                  CIC/AD/A/09/00581

                                                                   Dated May 27, 2009

Name of the Applicant                      :     Mr.Mukhtar Ahmed

Name of the Public Authority               :     Regional Passport Office, Bareily

Background

1. The Applicant filed an RTI application dt.3.2.09 with the CPIO, RPO, Bareily.

He requested for the following information with regard to one Mr.Safdar
Hussain, S/o Wahid Hussain:

      i)     His name
      ii)    His father's name

iii) His domicile (full address)

iv) His signature/Photostat copy

v) His passport No.
The CPIO replied on 9.2.09 denying the information u/s 8(1)(j). The
Applicant filed an appeal dt.21.2.09 with the Appellate Authority reiterating
his request for the information. The Appellate Authority replied on 20.3.09
upholding the decision of the CPIO. Aggrieved with the reply, the Appellant
filed his second appeal before CIC on 6.4.09 stating that the information is
needed to be filed in a matter of civil suit in the District court, Moradabad

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing on May 27, 2009.

3. Mr. Hans Raj, Passport Officer cum CPIO represented the Public Authority.

4. The Applicant was not present during the hearing.

Decision

5. The Respondent submitted that all records pertaining to the year 1975-1985
have been weeded out long back as per Ministry’s instructions. The
Respondent presented a file noting dated 25.5.09 from the Staff Officer,
stating that no records could be located in the computer database regarding
the Appellant. He also stated that many touts are active in different districts
who are doing passport related works and seek such information for their
selfish ends or to black mail the innocent passport applicants. They are
misguiding the passport applicants and misusing the RTI Act, provisions. He
felt that such people should not be encouraged by providing information
relating to passport applicants. On perusal of the documents provided, the
Commission denies the information under Section 8(1)(j) of the RTI Act and
also noted that there is no information that can be provided since the files
more than 10 years old have been weeded out as per instructions of the
Ministry of External Affairs .

6. The appeal is accordingly disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G.Subramanian)
Asst. Registrar

Cc:

1. Mr.Mukhtar Ahmad
Advocate
Chamber No.99
Judges Court
Moradabad 244 001
Uttar Pradesh

2. Mr.Hans Raj
The CPIO &
Passport Officer
Regional Passport Office
Vikas Jyoti Commercial Complex
II & III Floor
BDA Building
Priyadarshini Nagar
Bareily
Uttar Pradesh

3. Mr.A.Manickam
The Appellate Authority &
Jt. Secretary (CPV)
Ministry of External Affairs
Patiala House
Tilak Marg
New Delhi

4. Officer in charge, NIC

5. Press E Group, CIC