Central Information Commission
Mr.Praveen Singh vs Ministry Of External Affairs on 15 April, 2009
Central Information Commission
CIC/AD/A/ 09/00259
Dated April 15, 2009
Name of the Applicant : Mr.Praveen Singh
Name of the Public Authority : Ministry of External Affairs
Background
1. The Applicant filed an RTI request dt.14.11.08 with the CPIO, CPV Divn. MEA.
He requested for the following information with regard to his client Ms. Indu Bala whose passport No.G5918104 issued on 26.11.07 was confiscated on 31.1.08:
i) why the aforesaid passport was confiscated by the USA Embassy on 31.1.08
ii) why the passport holder had not been assigned reason or basis for confiscation of the Passport
iii) the whereabout of the passport in question
iv) why the passport in question was not sent to the Passport holder till date at her address
v) the procedure to get the passport released from the confiscating authority
vi) In the eventuality of loss of the Passport, is the passport holder entitled to apply for a fresh passport
vii) In case there is any dispute regarding the aforesaid confiscated passport, can USA Embassy be sued in a Court of Law.
The CPIO replied on 8.12.08 denying the information u/s 8(1)(j). Not satisfied with the reply, the Applicant filed an appeal dt.22.12.08 with the Appellate Authority. The Appellate Authority replied on 16.1.09 upholding the decision of the CPIO. The Passport holder Ms. Indu Bala also filed an RTI request on 22.12.08 since the earlier applicant was informed that the information being sought by him is considered as third party information. The Appellate Authority replied on 16.1.09 denied the information. The CPIO too replied on 20.1.09 denying the information. Aggrieved with the replies of the CPIO and the First Appellate Authority, the Applicant filed a second appeal dt.6.2.09 before the CIC requesting for the information. She stated that she was implicated in a false case which was registered as Criminal RBT Case No. 141- 111/05 by her political opponents. The said case was presented in the Court on 30.3.05 and the same was decided in her favour on 4.7.08
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for April 15, 2009.
3. Mr. D.K. Sharma, US(RTI) and CPIO represented the Public Authority.
4. The Applicant was not present during the hearing. Decision
5. In response to the RTI request of Ms. Indu Bala, information was provided on 21.1.09. The Respondent submitted that information against Points No.1 to 5 of the RTI request is outside the purview of the Govt. of India and it would require filing a complaint with the Ministry of External Affairs to facilitate them in obtaining the information from the American Embassy. With regard to the complaint of the Appellant in her second appeal that she had received several injuries on her head and legs due to the misbehavior of one Mr. Rattan Lal, the reception officer in the MEA building, Patiala House, the Respondent stated that the Appellant had neither filed a complaint with the Police Station nearby when she was injured nor did she approach him regarding this matter. Had she done so immediate action would have been taken against the officer after ascertaining the facts. The Respondent also added that Mr. Rattan Lal was deputed by the Ministry of Home Affairs to work in the MEA Building in Patiala House and that he has already been transferred back by Ministry of Home Affairs at the end of his deputation period.
6. The Commission advises the Appellant to file a complaint with the Ministry of External Affairs at the earliest to help them obtain information from the US Embassy against points i to v.
7. The appeal is disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Asst. Registrar Cc:
1. Mr.Praveen Singh C-9, Friends Colony (East) New Delhi 110 065
2. Mr.D.K.Sharma The CPIO & Under Secretary (CPV) Ministry of External Affairs Patiala House New Delhi
3. Mr.R.Swaminathan The Appellate Authority & Joint Secretary (CPV) Ministry of External Affairs Patiala House New Delhi
4. Officer in charge, NIC
5. Press E Group, CIC