Central Information Commission
CIC/AD/C/2009/000772
Dated 9th October, 2009
Name of the Applicant : MR. PATEL NISHIT AJITBHAI
Name of the Public Authority : MINISTRY OF EXTERNAL AFFAIRS
Background
1. The Applicant filed an RTI application on 25.06.09 with the PIO/ Regional
Passport Officer, Surat requesting for copies of all papers in available with
the Pulic Authority related to the application for the passport of Patel Pinki
Nishitbhai. The CPIO replied on 01.07.09 refusing the information under the
provisions of Section 11(1) of the RTI Act, 2005. Not satisfied with the
CPIO’s reply, the Appellant filed a complaint before the CIC on 07.08.09
reiterating his RTI request.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for 9th October, 2009.
3. Mr. Francis L D’Suja, A.P.O. and Mr. P. Roychaudhury, Advocate represented
the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted that the Complainant and his wife are living
separately due to an ongoing dispute and that the Complainant is seeking
information related to the passport application of his wife. He also stated that
the PIO had invited a submission from the Complainant’s wife, under
Section 11(1) of the RTI Act on whether to disclose the information or not,
on 27.7.09 and that his wife replied on 03.08.09 clearly stating that no
documents belonging to her should be disclosed to her husband or to
anybody else. Based on this submission, the RPO, Surat had informed the
Appellant about his wife’s submission and refused disclosure of information.
6. After hearing the submission of the Respondent and on review of the
information provided, the Commission rejects the Complaint.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Assistant Registrar
Cc:
1. Mr. Patel Nishit Ajitbhai
22, Pashupatinath Society
Nana Verchha,
Surat – 395 006.
2. The Public Information Officer
Ministry of External Affairs
Passport Office
APMC, New Sardar Market,
Dhumbal, Surat – 395 010.
3. Officer in charge, NIC
4. Press E Group, CIC