Central Information Commission
CIC/OK/A/2008/856/AD
Dated December 22, 2008
Name of the Appellant : Major Harbaksh Singh
S/o Shri Puran Singh
C/o Dollar Travel Agency
SCO No.96-97
Sector 34A, Chandigarh
Name of Public Authority : The CPIO
Ministry of External Affairs
Regional Passport Office
Chandigarh
Background
1. The RTI request was filed on 26.3.08. The Appellant requested for
information against 7 points relating to one Mr.Gurpreet Singh. The
CPIO replied on 23.4.08 stating that information relating to (a) to (e)
pertains to personal information of 3rd party and would cause
unwarranted invasion of privacy under Section 8(1) (j) of the RTI Act.
The CPIO stated that it is a serious matter where a passport is alleged
to have been issued, when the applicant is staying abroad and the
submission of the case was made by the Appellant’s agency. He stated
that it was evident that applicant did not approach the agency and
that someone else represented him which is a crime. The CPIO asked
the Appellant to provide an explanation. The Appellate Authority vide
his Order dt.9.5.08, in response to the first appeal, upheld the
decision of the CPIO. The Appellant filed his second appeal before the
CIC on 30.5.08
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing on December 22, 2008
3. Mr.R.P.Deswal, Administrative Office and First Appellate Authority,
Mr.Banwari Lal Vashisht, Asst and Mr.I.M.Sabarwal, Supdt.
represented the Public Authority.
4. The Appellant Mr.Harbaksh Singh was present along with Mr.N.S.Bawa
Advocate during the hearing.
Decision
5. The Respondents submitted that they received information from the
Indian Embassy in Paris stating that Mr. Gurpreet Singh had applied
for a new passport in lieu of his missing passport and that he is
holding a temporary resident card the validity of which expires on
23.10.08. The Respondents shared with the Commission copies of
the communication sent by the Embassy of India in Paris dated 7.1.08
stating that that Mr.Gurpreet Singh himself informed the officials that
he had sent an affidavit to some one in India to make a passport on
his behalf, and from Mr. Gurpreet Singh stating that he had sent an
affidavit to India to get his passport from the agency. The said
passport is now stated to be lost and he has furnished a local police
report for loss of the passport.
6. The Appellant stated that he was not informed about the cancellation
of his agency and he got to know about it from the website and when
applications through his agency were rejected. He stated that Mr.
Gurpreet Singh had come in person to his agency to submit the
application form and that he has certified on the form that he had
checked Mr. Singh’s particulars. He stated that even the police had
given a clear report after verification, based on which the passport was
issued to Mr. Singh. He insisted that his role ended once he handed
over the applications to the passport office and he wondered why his
agency has been suspended even after the police had verified the
particulars of Mr. Singh and had cleared them.
7. According to the Respondents, they had taken up the matter with the
police also and the High Court of Punjab has given two months time
to the Ministry to take a decision with regard to cancellation / renewal
of the Appellant’s agency.
8. Taking note of the fact that as per Section 17 of the Passport Act
1967, the passport at all times is the property of the Government of
India and also taking recourse to Section 8(1)(j) that information
which cannot be denied to the Parliament or to a State Legislature
shall not be denied to any person and also convinced that the
Appellant has a right to defend himself in a situation where the
personal particulars of Mr. Gurpreet Singh have been verified to be
correct by the police after the Appellant handed over the papers to
the Passport Office, the Commission directs the PIO to provide the
Appellant the details sought by him in the RTI request within 15 days
of receipt of this Order.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
1. Major Harbaksh Singh
S/o Shri Puran Singh
C/o Dollar Travel Agency
SCO No.96-97
Sector 34A, Chandigarh
2. The CPIO
Ministry of External Affairs
Regional Passport Office
Chandigarh
5. Officer incharge, NIC
6. Press E Group, CIC