In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000367
File No: CIC/AD/C/2011/000027
Date of Hearing : March 15, 2011
Date of Decision : March 15, 2011
Parties:
Appellant
Shri M.K. Gupta
D14/40, Ground floor, Sector7,
Rohini,
New Delhi 110 085
The Appellant was present.
Respondents
Ministry of External Affairs
Regional Passport Office,
Hudco Trikoot3,
Bhikaji Cama Place, R.K.Puram
New Delhi
Represented by: Shri Anurag Bhushan, RPO & CPIO and 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/2011/000367
File No: CIC/AD/C/2011/000027
ORDER
Background
1. The Applicant, through his RTIapplication dated 25.08.2010, wanted to obtain from the PIO, RPO,
Hudco Trikoot3 New Delhi photocopies of the documents submitted by Ms. Asha Gupta to the
passport authority as a proof for her age and address while applying for the passport. The PIO, on
27.09.2010, informed the Applicant that the 3rdparty, when consulted, had objected to the disclosure
of the information and that on examination of the case, they had also found no larger public interest in
disclosing the same. They accordingly declined to disclose the information to the Applicant under
Section 8(1)(j) of the RTIAct. The Appellate Authority, in his 1stappeal, also endorsed the CPIO’s
view through his order dated 19.11.2010. The Applicant, aggrieved with this reply, filed the present
appeal in the Commission on 03.12.2010 questioning the decision of the Respondents.
Decision
2. The Appellant, during the hearing, while arguing that public interest is involved in the information he
is seeking, stated that the documents submitted by the 3rdparty to the passport office as a proof of
her age to get the passport, are fake. He, in support of his contention, produced certain documents
viz., copy of high school certificate from KP Inter College, Allahabad of the 3rdparty which, according
to a confirmation received by the Appellant under RTI from the KP Inter College, is not genuine
since the College is a boys’ college as also a response from UP Board of High School &
Intermediate Education, Allahabad stating that no certificate dated 15 June, 1989 and bearing No.
5543020 was issued by the concerned authority.
3. During the hearing the Appellant admitted that what he is really seeking is not the information but for
the passport of Ms. Asha Gupta to be revoked and stated that he would then not be interested in
pursuing the RTI matter . The Respondent at this stage suggested that if the Respondent complains
formally to the passport office regarding the fake certificate submitted by Ms. Asha Gupta, the
passport office will enquire into the matter and take appropriate action.
4. A copy of the complaint already filed by the Appellant with the passport office was then handed over
to the Respondent once again, in the presence of the undersigned. Based on the discussions, the
Commission strongly recommends that the passport office enquire into this matter and if the
allegations of the Appellant are found to be true, to revoke Ms. Gupta’s passport. The passport
officer may wish to keep the Appellant informed about the action being taken on his complaint at each
stage and also share with him the enquiry report as also information on action taken , if any, on the
passport of Ms. Gupta. This exercise may preferably be completed by end of April, 2011.
5. The appeal is disposed of with the above recommendation.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri M.K. Gupta
D14/40, Ground floor, Sector7,
Rohini,
New Delhi 110 085
2. The Appellate Authority
Ministry of External Affairs
Office of the Joint Secretary (PSP),
Patiala House Annexe, Tilak Marg,
New Delhi
3. Public Information Officer,
Ministry of External Affairs
Regional Passport Office,
Hudco Trikoot3,
Bhikaji Cama Place, R.K.Puram
New Delhi
4. Officer Incharge, NIC