Central Information Commission
CIC/AD/A/2010/000069
Dated February 15, 2010
Name of the Applicant : Smt.Hiral Vimalkumar Thakkar
Name of the Public Authority : RPo, Ahmedabad
Background
1. The Applicant filed a RTI application dt.18.6.09 with the PIO, RPO, Ahmedabad
seeking the photocopy of passport and copy of visa for UK with respect to Rajnikant
Thakkar Vimalkumar. Shri G.A.Sane, APIO replied on 13.7.09 stating that unless the
consent from Shri Rajnikant Vimalkumar Thakkar is received by his office the
information about passport and the related documents cannot be shared as they are
personal details, belonging to a third party and denied the information under Section
8(1)(j) of the RTI Act. Not satisfied with the reply, the Applicant filed an appeal
dt.3.8.09 with the Appellate Authority stating that she is the legal wife of shri
Rajnikant Vimalkumar Thakkar and that the PIO ought to have taken recourse to
Section 11 of the RTI Act if the party has been considered as a third party. . Shri
A.Manickam, Appellate Authority replied on 21.8.09 upholding the decision of the PIO .
Being aggrieved with the reply, applicant filed a second appeal dt.19.11.09 before CIC
reiterating her request for the information.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
forFebruary 15, 2010.
3. Shri P.Roy Chaudhary, Advocate represented the PIO of the Public Authority.
4. The Appellant was not present during the hearing.
Decision
5. The Commission after hearing the submission of the Respondent and noting that the
PIO and Appellate Authority had refused the information as third party information,
directs the PIO to use Section 11(1) of the RTI Act to invite a submission from the
third party on whether the information can be disclosed or not . The third party to
refer to the appropriate sub clause of Section 8(1) while explaining why information
should not be disclosed in the event he does not want it to be disclosed and the PIO to
take a decision based on the submission. The outcome to be intimated to the
Appellant by 30 March, 2010. The address of the third party may be obtained from
the Appellant herself as she had claimed the third party to be her husband.
6. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Ms.Hiral Vimalkumar Thakkar
‘Jalaram Krupa’ Street No.05
Satyam Park
Amarnagar Road
Jetpur
Rajkot 360 370
2. The PIO
Regional Passport Office
Opp. L.D.Engg. Hostel
Gulbai Tekra
Ahmedabad 6
3. The Appellate Authority
Ministry of External Affairs
O/o Joint Secretary (CPV)
Patiala House Annexe
Tilak Marg
New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC