Central Information Commission
Edwin Nazarius Dmello vs Embassy Of India, Baghdad, Iraq on 12 March, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No. CIC/EOIBI/A/2024/605214
Shri EDWIN NAZARIUS DMELLO ... अपीलकताा/Appellant
VERSUS/बनाम
PIO, ...प्रततिादीगण /Respondent
Embassy of India, Baghdad, Iraq
Date of Hearing : 10.03.2025
Date of Decision : 10.03.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 01.03.2023
PIO replied on : 14.03.2023
First Appeal filed on : 08.08.2023
First Appellate Order on : 05.10.2023
2 Appeal/complaint received on
nd : 06.02.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 01.03.2023 seeking information on following points:-
"I was born in Kuwait on 28 July 1954 when Indian Mission in Kuwait was not started. Accordingly, they advised and sent a mail to your Ebril office requesting the Birth Certificate issue for which no response was received. I wrote to your Mission directly on 24 May 2021 for that too no information was provided. I kindly request you through this RTI to send my birth recorded details to your Embassy on 1954 July 28 or after that. All the available record proofs were sent to you earlier by Indian Mission in Kuwait."
The CPIO, Embassy of India, Baghdad, Iraq vide letter dated 14.03.2023 replied as under:-
2. The response to your queries are as given below:
No record has been found in the Mission among the existing records, which the Mission are possessing. The plausible reason for non-availability of records for that period due to invasion of US to Iraq to topple Saddam Hussain in 2002-03 and shifting of the Embassy from Adhamiya to Al-Mansour in Baghdad. In both the situations many records of the Embassy have been lost and destroyed.
Page 1 Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 08.08.2023. The FAA vide order dated 05.10.2023 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present Respondent: Shri Subhash Chandra Aggrawal, RTI Consultant The CPIO vide written submission dated 06.3.2025 submitted that The appellant filed one more online RTI application MEABG/R/E/23/00003 with his same repeated request to send his birth-recorded details of 28.07.1954 in Kuwait. RTI application was responded vide reply dated 14.03.2023 informing in detail that many records of the Embassy have been lost and destroyed due to US invasion to Iraq to topple Saddam Husain in the years 2002-03 and shifting of the Embassy from Adhamlya to Al-Mansour in Baghdad. It was clearly mentioned in RTI response that no record as sought in RTI application was found in the Embassy. CPIO can provide information only which exists on record, and he is not supposed to create information on basis of documents provided by RTI applicant.
The appellant filed his online First Appeal MEABG/A/E/23/00004 dated 08.08.2023 which was disposed of online vide an order dated 05.10.2023 upholding CPIO's response.
Earlier also in response to his earlier RTI applications, it was clarified vide letters dated 09.10.2020 and 19.11.2020 that even copy of his surrendered passport were destroyed in accordance with Record-Retention-Period and/or due to efflux of time. The appellant himself has enclosed clubbed response dated 22.08.2023 to his three more RTI applications wherein same reply has been again provided to him that records have been lost and destroyed.
Decision:
Upon the perusal of the case records & submissions, the Commission observes that an appropriate reply has been provided by the CPIO. The CPIO is directed to send the copy of the written submission dated 06.3.2025 to the Appellant within 10 days by speed post/ registered post/ E mail and a compliance report shall be sent to the Commission 01 week thereafter. No further action lies.
The Appeal stands disposed off.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy Page 2 (अभिप्रमाणणत सत्यावपत प्रतत) S. K. Chitkara (एस. के. चिटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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