Central Information Commission
Pratik Gautam vs Ministry Of Home Affairs on 24 April, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/MHOME/A/2022/666668
Shri Pratik Gautam ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Ministry of Home Affairs ...प्रनतवािीगण /Respondent
Date of Hearing : 22.04.2024
Date of Decision : 22.04.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 22.09.2022
PIO replied on : 18.11.2022
First Appeal filed on : 23.11.2022
First Appellate Order on : 01.12.2022
2 Appeal/complaint received on
nd : 13.12.2022
Information soughtand background of the case:
The Appellant filed an RTI application dated 22.09.2022 seeking information on the following point:-
"Details of application with covering letter forwarded by the Home Department government of Sikkim since 1993 till date for grant of Citizenship Certificate in terms of Sikkim (Citizenship) Amendment Order, 1989 as per the MHA notification No. 26030/69/88.IC.I dated 20th March 1989 to the left out person as Genuine Omission may kindly be provided please."
The Director (C)/OCI & CPIO, Ministry of Home Affairs, New Delhi vide letter dated 18.11.2022 replied as under:-
"The information as sought is vague and of indeterminate nature. Hence, it is not possible to locate such a record."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 23.11.2022. The FAA vide order dated 01.12.2022 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Page 1 of 2Facts emerging in Course of Hearing:
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Present through video conference Respondent: Shri Ram Dayal Meena - Director, MHA was present during hearing.
The Appellant commenced his argument stating that with the merger of the kingdom of Sikkim with the Union of India in 1975, the Sikkim Subject Regulations Act, 1961 was repealed and the Citizenship Act, 1955 was extended and enforced in Sikkim. Thus every person who was a subject of Sikkim was deemed to have become a citizen of India since 16.05.1975. However, a large number of people who were eligible to enter their names in Sikkim Subject Register under Sikkim Subject Regulations 1961 but could not enter their names due to Genuine Omission were left out. Consequently, the MHA passed a notification no. 26030/69/88-IC.I dated 20th March 1989, which stated as under:
"Provided that any person whose name was eligible to be entered in the register maintained under the said regulation but was not so entered because of genuine omission shall also be deemed to have become citizen of India on that day if so determined by Central Government"
Following the MHA order a total of 74,721 were granted Indian Citizenship Certificates in the years 1990, 1991 & 1994. However still there are several people who are left out considering this order and the Appellant contended that filed he the RTI application seeking information related to the same.
Respondent present during hearing stated that since the query of the Appellant did not pertain to information relating to any specific application, as available on record with the public authority, hence the action taken with any specific application could not be furnished, in terms of provisions of the RTI Act.
Decision:
Perusal of records of the case and upon hearing averments of the Respondent present for hearing, it is noted that the response sent by the Respondent is in consonance with the provisions of the RTI Act. In the given circumstances, no further intervention is warranted in this case, under the RTI Act. The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक)/011-26186535 Page 2 of 2 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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