Central Information Commission
*****
No.CIC/OK/A/2008/00001
Dated: 31 July 2008
Name of the Complainant : Dr. Ajay Kumar Jain
3/220, Rameshwari Cottage
Laxmibai Marg, Marris Road
Aligarh-202001
Name of the Public Authority : Regional Passport Office
Background:
Dr. Ajay Kumar Jain of Aligarh filed an RTI-application on 27 July 2007
with the Public Information Officer, Regional Passport Officer, Ghaziabad,
seeking information relating to the status of Passport applications of self,
spouse and son. The PIO vide his letter dated 13 August 2007 replied to his RTI-
application. Not satisfied with the reply of the PIO, the Appellant filed an
appeal with the first Appellate Authority on 24 August 2007 and then
approached the Central Information Commission on 20 November 2007. The
Bench of Dr. O.P. Kejariwal, Information Commissioner, heard the matter on 9
May 2008, and passed an Order which included the following:
(i) The Appellant had applied for passports for self, wife and son on
12 December 2006;
(ii) He did not get the passports even after a period of seven months;
(iii) In March 2007, when he opened the website of the Respondents,
he found the information “Police report is okay, Passport will be
sent in the first week of April 2007” pasted on the website;
(iv) The Appellant waited for the time to pass and then since he had
still not received the Passport, opened the website again in July
2007;
(v) To his great surprise and dismay, he found that the website asked
him to send two specimen signatures on a blank piece of paper
attested by a Gazetted Officer. Subsequently, he asked for the
details of his application through the RTI-application of 27 July
2007;
(vi) In the PIO’s reply of 13 August 2007, the Commission found that
there was an explanation about the delay. The stand taken was
that the documents were incomplete and that the Applicant had to
apply afresh together with attested copies of the relevant
documents;
(vii) There was no explanation in the PIO’s reply about the Passport
Office asking for signatures on blank paper.
Under the circumstances, the Commission failed to understand:
(i) Why and when once the Applicant had been informed that his
Passport would be sent by a particular date, he was asked to apply
afresh. In case the Respondents detected some lacunae in his
application, they should have informed him much earlier to their
making the commitment that the Passport would be sent within a
given time;
(ii) The demand for submission of signatures on a blank piece of paper
is something which was totally unacceptable. In fact, the
Commission was at a total loss to understand how a Government
office can ask for signatures of a citizen approaching them for
some work to sign on a blank piece of paper. On making enquiries,
the Appellant stated that he had not received the passport till
date, that is, even after a year and a half of his filing the
application.
2. In view of the submissions of the Appellant as well as the Respondents,
the Commission decided the following:
(i) The Respondents would ensure that the passports were issued
within a week of the Appellant having fulfilled of the requirements
of the Passport application;
(ii) The PIO and the RPO will personally conduct an inquiry into the
functioning of the website and submit a report about the two
different versions about the same case placed on the website. He
would report to the Commission with the full details of case by 13
June 2008;
(iii) The Commission awarded a compensation of Rs.5,000/- to the
Applicant in view of the mental agony that had has gone through
over these one and a half years without any fault of his. The
Respondent Department would ensure that this payment was made
to the Appellant by 30 May 2008.
3. The Bench of Dr. O.P. Kejariwal again heard the matter again on 23 July
2008 in view of a Review Petition filed by the Respondents.
4. Shri Amrendra Kumar Sengar, RPO & PIO and Shri R.N. Rai, DPO,
represented the Respondents.
5. The Appellant, Dr. Ajay Kumar Jain, was present in person.
Decision:
6. The Commission heard both the sides in what was a second hearing in the
case. The Commission recalled its earlier hearing and noted that in spite of the
Commission’s orders, the Passport of the Applicant and his family members had
not been issued within reasonable time. During the hearing, however, the
Respondents stated a number of reasons why the passport had not been issued –
one of them being that some facts had to be verified regarding the application
of the wife and son of the Applicant. According to the Appellant, they did not
accompany him to the Passport Office because the letter from the Passport
Office did not indicate that their presence was also required. On the other
hand, according to the Respondents, since both the members were majors, the
Appellant could not depute on their behalf and that this was a self-evident fact.
7. Thus during the hearing, there were allegations and counter allegations
and explanations by the Respondents. The issue behind all this, in the current
case, is the issue of the Passport of the Appellant and his wife and son. The
Passport of the Appellant had been issued but according to the Appellant there
were a number of errors in the Passport and that since it was an important
document it should be errorless – a point which nobody can refute. Accordingly,
the Commission now directs the Respondents to: (i) call the Appellant, his wife
and son at a time mutually convenient to all the parties; (ii) ensure that the
applications are completed in full and are errorless; (iii) issue the passports as
soon as possible; and (iv) as per the earlier Order of the Commission dated 15
May 2008, provide a compensation of Rs.5,000/- to the Appellant for the mental
agony and harassment that he has gone through. This may be done by 29
August 2008.
8. The Commission ordered accordingly.
Sd/-
(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:
Sd/-
(G. Subramanian)
Assistant Registrar
Cc:
1. Dr. Ajay Kumar Jain, 3/220, Rameshwari Cottage, Laxmibai Marg, Marris
Road, Aligarh-202001
2. The Public Information Officer & Passport Officer, Passport Office, Hapur
Chungi, Hapur Road, Ghaziabad-201002
3. Shri R. Swaminatahan, Joint Secretary (CPV) & Appellate Authority, Room
No. 20, Patiala House, Ministry of External Affairs, Tilak Marg, New Delhi –
110001
4. Officer Incharge, NIC
5. Press E Group, CIC