In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2010/001523
Date of Hearing : January 28, 2011
Date of Decision : January 28, 2011
Parties:
Appellant
Shri Kamal Dayal Beri
H.No. 78/107, Malwal Road
Vikas Vihar, Ferozepur City,
Firozepur 152 002
The Applicant was represented by Shri S.K. Batta
Respondents
M/o External Affairs
Regional Passport Office SCO 2832
Sector 34A
Chandigarh
Represented by: Shri P Roychaudhuri, Advocate
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
As given in the decision
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2010/001523
ORDER
Background
1. This matter was last heard on 22.12.2010 and was adjourned for 3rdparty, Shri Yograj to make his
submission. It was also made clear therein that if the 3rdparty fails to appear on the scheduled date,
matter would be decided exparte.
2. The Appellant’s request for information herein was in respect of Shri Yograj, the 3rdparty, who’s
Passport No., Date of its issue, Visa No. of Australia had been sought by the Appellant. This
information was denied by the Respondents under Section 8(1)(j) of the RTIAct.
Decision
3. The Commission heard the matter on the scheduled date in the presence of the Respondents’
Counsel and the representative of the Appellant. However, the 3 rdparty, who was notified to be
present through letter dated 10.01.2011 issued by Regional Passport office, Chandigarh, was absent.
4. During the hearing, the Respondents’ Counsel informed the Commission that their notice to the 3rd
party intimating to him the schedule of hearing returned undelivered with the postal authority’s
remark ‘address is not correct’. He, however, maintained that the information requested by the
Appellant attracts exemption under Section 8(1)(j) of the RTIAct. He also pointed out that one of the
information viz., Visa No. is not under their control.
5. The Appellant reiterated during the hearing as he did during the first hearing that he had sold some
crops to the 3rdparty, from whom his Rs. 4 lakh are due and that now the person, 3 rdparty is out of
his reach and has probably left the country. He also mentioned a decree of Additional Civil Judge
(Senior Division), Faridkot which was in his favour and that he had filed an execution petition for this.
He further added that the 3rd party had also duped other people in the same manner and that he(3 rd
party) owes several people large amounts of money.
6. The Counsel for the Respondents, suggested that the Appellant, may if he so wishes, receive the
present information by approaching the Court, who is empowered to call for any documents of the
public authority.
7. The Commission noticed that efforts were made to call upon the 3rdparty’s submission by issuing
notice to him which however could not reach him on account of the reason stated above and that the
fact that Respondents are, anyway, defending the interest of the 3rdparty, who, as experienced by
the Commission in the past cases in respect of other 3 rdparty(s), would perhaps deny the disclosure
of the information. Considering this, it is decided to take decision on the present request for
information, barring the Visa No. as it is admittedly not held by the Respondents.
8. It is observed that all that the Appellant is wanting to know is the Passport No. and date of its issue
and that he is not seeking any personal information such as name, address, name of spouse,
occupation, date of birth etc. Besides, the Appellant’s case is also held to be genuine one by the
Court of Law (para 5 above).
9. In view of the above, and also having noted that that the 3rd party had allegedly duped several
people into believing him and selling him crops, the Commission holds that the disclosure of
information i.e Passport No. and date of its issue involves public interest in the sense that it a matter
of whereabouts of a person who allegedly is a trickster and therefore directs that the Respondents
supply the above information to the Appellant by 10 March, 2011.
11. The appeal disposed of with the above direction.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1 Shri Kamal Dayal Beri
H.No. 78/107, Malwal Road
Vikas Vihar, Ferozepur City,
Firozepur 152 002
2. The Appellate Authority
M/o External Affairs
Office of Joint Secretary (CPV)
Patiala House Annexe
Tilak Marg
New Delhi
3. The Public Information Officer
M/ External Affairs
Regional Passport Office SCO 2832
Sector 34A
Chandigarh
4. Officer Incharge, NIC