Central Information Commission
CIC/OK/C/2008/868/AD
Dated December 19, 2008
Name of the Appellant : Mr.Krishna Savio Ghate
House No.648
Janki Niwas
Badem
P.O.Anjuna Bardez
Goa
Name of Public Authority : The CPIO
Ministry of External Affairs
South Block
New Delhi
Background
1. The RTI request was filed on 19.4.08. with MHA Foreigners Division.
The Appellant wanted information regarding a letter dt.11.3.08 issued
by JS(Wel & Inf), MEA. He stated that vide letter dt.1.3.08 he sought
for the particulars of the Portuguese passport issued to one Mr.Victor
Peter D’Souza including date of issuance of the passport, place of
issuance, the name of the country which has issued the said passport
along with the photocopies of letters issued by the Consul General of
Portugal, Goa dt.2.7.07. The Ministry forwarded the letter dt.11.3.08
along with all other enclosures to the Ministry of Panchayati Raj (since
Mr. D’Souza, though a foreigner, since he has a Portugese passport, is
serving a second term as a Panchayat member in Goa and to the
Foreigners Division, MHA. The CPIO, MHA in his letter dt.24.4.08
stated that as the information sought pertains to issue of a passport
by Government of Portugal, the Foreigners Division, MHA is not
concerned with the subject matter and transferred the application to
MEA under Section 6(3)(ii) of the RTI Act.
2. On not receiving any information, the Appellant filed his first appeal on
20.6.08 and his second appeal before the CIC on 4.8.08 reiterating his
request for the information.
3. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for December 19, 2008.
3. Mr.Pratap Singh, JS & CPIO, Mr.R.Gaurav Shresth, DS(FSP) and
Mr.H.K.Mohan, US(Eur) represented the Public Authority.
4. The Appellant Mr.Krishna Salvo Ghate was not present during the
hearing.
Decision
5. The CPIO, MEA is advised to enquire both from MHA (Foreigners’
Division) and from the Portugal Embassy regarding Mr. D’Souza’s
citizenship and take appropriate action if the individual has a
Portuguese citizenship and is residing in Goa illegally. The Commission
holds that passport details of Mr. D’Souza, in the event they are
traced, are not to be disclosed to the Appellant since they are third
party information.
6. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Mr.Krishna Savio Ghate
House No.648
Janki Niwas
Badem
P.O.Anjuna Bardez
Goa
2. The CPIO
Ministry of External Affairs
South Block
New Delhi
3. The CPIO
Ministry of External Affairs
(Foreigner’s Division)
Jaisalmer House
New Delhi
4. The Appellate Authority
Ministry of External Affairs
South Block
New Delhi
5. The Appellate Authority
Ministry of External Affairs
(Foreigner’s Division)
Jaisalmer House
New Delhi
6. Officer incharge, NIC
7. Press E Group, CIC