In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2010/001341
Date of Hearing : February 2, 2011
Date of Decision : February 2, 2011
Parties:
Appellant
Er. Sunil Kumar Mallan
S.K. Model School, 3493, St.#3
Putlighar,
Amritsar 143 001
The Appellant was absent
Respondents
Passport office, Amritsar
The Respondents were absent.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
It is directed that the CPIO shall issue a notice to the 3rdparties inviting them to file their written statements as
to whether the information should be disclosed or not to the Complainant and that after receiving the same
from the 3rdparties, the CPIO will take a decision on the Complainant's request for information.
In the Central Information Commission
at
New Delhi
File No: CIC/AD/C/2010/001341
ORDER
Background
1. The Applicant, through his RTIapplication dated 25.05.2010, wanted to obtain from the PIO,
Passport office, Amritsar the certified copies of the passports along with current residential status of
four persons namely, Mr. Munish Nanda, Ms. Shalini Nanda, Chahat/Vinny Nanda and Pushkin
Nanda. The PIO, on 06.08.2010, denied this information under Section 8(1)(j) of the RTIAct as third
party information. The Applicant, therefore, filed the present complaintpetition in the Commission on
16.09.2010 in which he alleged that the above mentioned persons are ‘criminal by nature and have
attempted multiple frauds with common public, banks and that many civil and criminal cases have
been filed against them. He, therefore, wanted the present information be directed to be disclosed to
him and that penal action to be initiated against the PIO.
Decision
2. Since both parties were absent despite serving notices on them, it is decided to take decision in the
matter on the basis of available records. It was noted that the CPIO had not consulted the 3 rdparties
before taking the decision on the Complainant’s request for information (Section 11(1) read with
Section 7 (7) of the RTIAct). It is, therefore, considered appropriate to remand this matter back to the
CPIO for him to follow the procedure laid down under Section 11(1) of the RTIAct.
3. It is accordingly directed that the CPIO shall issue a notice to the 3rdparties inviting them to file their
written statements as to whether the information should be disclosed or not to the Complainant and
that after receiving the same from the 3rdparties, the CPIO will take decision on the Complainant’s
request for information. He should, in his decision/reply, also indicate the name and the address of
the Appellate Authority where the Complainant may file an appeal, if any, against his decision.
4. The Complaint is closed with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Er. Sunil Kumar Mallan
S.K. Model School, 3493, St.#3
Putlighar,
Amritsar 143 001
2. The Public Information Officer
Ministry of External Affairs
Passport office, SCO No. 110
Raj Tower, Distt Shopping Centre
Ranjit A,
Amritsar
3. Officer Incharge, NIC