In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000309
Date of Hearing : March 9, 2011
Date of Decision : March 9, 2011
Parties:
Applicant
Shri T.M.Chacko
S/o Late Markose
Koredka House
Aithoor Village
Sunkadakatte post
Puttur Taluk
D.K., Karnataka 574 231
The Applicant was present along with his representative Shri Toney George during the hearing.
Respondents
Regional Passport Office
Hudco, Trikoot3
Bhikaji Cama Place
R.K.Puram
New Delhi
Represented by : Shri P.Roy Chaudhuri, Advocate
on behalf of Appellate Authority
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
The Commission after careful consideration of the facts and circumstances of the case holds that larger public
interest certainly outweighs any harm to protected interests of the third party in this case and accordingly
directs the PIO to provide the information as sought by the Appellant during the hearing, to the Appellant by
25 March, 2011.
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/000309
ORDER
Background
1. The Applicant filed an RTI application dt.17.6.10 with the PIO, RPO, Delhi seeking the following
information:
i) Name and address of the person to whom you had issued passport No.E.9315292 under
file No.Z.03236904 on 17.7.04
ii) Whether the holder of above passport was issued passport earlier from Delhi Regional
Passport Office?
If yes give the number and address and details of the passport
iii) Please give police verification report copies in respect of File No.Z 03236904 (Passport
No.E9315292 dt.15.7.04) and also of old passport.
The PIO replied on 21.7.10 denying the information u/s 8(1)(j) of the RTI Act as information belonging
to a third party. Not satisfied with the reply, the Applicant filed an appeal dt.23.8.10 with the Appellate
Authority reiterating his request for the information. The Appellate Authority vide his order dt.17.9.10
upheld the decision of the PIO. Being aggrieved with the reply, the Applicant filed a second appeal
dt.22.11.10 before CIC.
Decision
2. During the hearing, the Appellant produced before the Commission, a copy of the affidavit filed by
him before the Karnataka Appellate Tribunal at Bangalore in the case of Shri George Abraham Vs.
Dy. Commissioner, DK and others which stated that Shri George Abraham is a resident of Mayur
Vihar, Delhi and that he had a passport bearing No.K.441687 issued at Lagose, Nigeria by Indian
High Commission on 4.9.92 after expiry of the earlier passport issued at Delhi. His(Shri Abraham)
present passport was issued on 15.7.04 and bears the number 9315292. The Appellant had further
added in his affidavit that an application in Form No.50 of the Karnataka land Grant Rules was filed
by the third party on 19.8.91 and by an order dt.29.5.93, the Regularization Committee had granted 4
acre 95 cents of land to the third party although he is a permanent resident of Delhi, and is not an
agriculturist by profession, in violation of the Land Grant Rules. The Appellant at this stage during
the hearing also stated that he would be satisfied if he is provided with the name and address
of the holder of the passport No. E9315292, dt.15.7.04.
3. The Commission after careful consideration of the facts and circumstances of the case holds that
larger public interest certainly outweighs any harm to protected interests of the third party in this case
and accordingly directs the PIO to provide the information as sought by the Appellant during the
hearing, to the Appellant by 25 March, 2011.
4. The appeal is disposed of with the above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri T.M.Chacko
S/o Late Markose
Koredka House
Aithoor Village
Sunkadakatte post
Puttur Taluk
D.K., Karnataka 574 231
2. The Public Information Officer
Regional Passport Office
Hudco, Trikoot3
Bhikaji Cama Place
R.K.Puram
New Delhi
3. The Appellate Authority
Ministry of External Affairs
O/o JS(CPV), CPV Division
Patiala House Annexe
Tilak Marg
New Delhi
4. Officer Incharge, NIC