Central Information Commission
Kishan Kumar Bhujel vs Ministry Of Home Affairs on 4 June, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/MHOME/A/2024/621181
Shri Kishan Kumar Bhujel ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Ministry of Home Affairs ...प्रनतवािीगण /Respondent
Date of Hearing : 02.06.2025
Date of Decision : 02.06.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 19.03.2024
PIO replied on : 23.04.2024
First Appeal filed on : 23.04.2024
First Appellate Order on : 03.05.2024
2ndAppeal/complaint received on : 20.05.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 19.03.2024 seeking information on the following points:-
"Home Department Government of Sikkim has/had forwarded names of 74966 person for inclusion of their name in Register maintained under Sikkim Subject Regulations, 1961 in terms of Sikkim (Citizenship) Amendment Order 1989.
1. Vide MHA Order No.26030/36/90-1.C.I dated 7th August 1990, names of 40083 persons were included in register maintained under Regulations 1961 in terms of Sikkim Citizenship Amendment Order 1989 NOTIFIED by the Home Department, Government of Sikkim vide notification no 56(9)/Home/88- 89/108/dated 16th August 1990.
2. Vide MHA Order No 26030/36/90-IC. I dated April 8, 1991, names of 33348 persons were included in register maintained under Regulations, 1961 in terms of Sikkim Citizenship Amendment Order, 1989.NOTIFIED by the Home Department Government of Sikkim vide notification No. 56(9) HOME/88/7 dated 15th April 1991
3. Vide MHA Order No. 26030/36/90-IC.I dated 10th January 1994, names of 1290 persons were included in register maintained under Regulations 1961 in terms of Sikkim Citizenship Amendment Order 1989. NOTIFIED by the Home Department Government of Sikkim vide Notification No. 129/HOME/2009 dated 13.10.2009 Home department has forwarded names of 74966 person out of which names of 74721 person were included in register maintained under Regulations 1961 in Page 1 of 4 terms of Sikkim Citizenship Amendment Order 1989. Names of 245 persons are not available.
Under RTI Act 2005, I would like to request you to kindly arrange to provide certified copies details list of 245 persons, on what ground their names were left out, details thereof including all the file noting, approvals sought from the Government may kindly be provided please"
The CPIO, Director (C) vide letter dated 23.04.2024 replied as under:-
"Please refer to your online RTI application bearing registration number MHOME/R/E/24/01308 dated 19.03.2024 and to state that the information sought by you under this Act, is basically clarificatory in nature, which is not under the purview of RTI Act, 2005. Further, it is inform that Citizenship of India is governed under the provisions of the Citizenship Act, 1955 and rules made thereunder which can be seen at https://indiancitizenshiponline.nic.in/."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 23.04.2024. The FAA, JS(F-2) vide order dated 03.05.2024 held as under:-
"3. Whereas, the Appellant has filed First Appeal bearing registration no. MHOME/A/E/24/00304 dated 23/04/2024 on the ground "Any Other Ground."
4. Whereas, the undersigned has carefully examined the contents of this Appeal, RTI application dated 19/03/2024 and the reply dated 23/04/2024 of the CPIO. It is found that the reply furnished by Director (C)/CPIO, Ministry of Home Affairs is as per provisions of the RTI Act, 2005.
5. Therefore, this appeal is disposed of accordingly." Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
The Appellant has submitted a detailed written submission providing the backdrop of the RTI application. The detailed account dated back to the merger of the independent kingdom of Sikkim with the Union of India after which every citizen of Sikkim who was a subject of the kingdom of Sikkim under the Sikkim Subject Regulation, 1961 immediately before 26.04.1975 became a citizen of India by virtue of Sikkim (Citizenship) Order 1975. Subsequently, the Sikkim (Citizenship) Amendment Order, 1989 was issued to include any persons whose names were eligible to be entered in the register maintained under the Regulation, but was not so entered because of genuine omission shall also be deemed to have become a citizen of India on that day if so determined by the Central Government. A committee was constituted for determining cases of genuine omission and applications were invited from the public for consideration of their claims to be included as citizens in terms of the Sikkim(Citizenship) Amendment Order, 1989. The Appellant's brother had submitted an application before the Sub Divisional Officer, Government of Sikkim for inclusion of himself and other family members, as citizens in terms of the Sikkim (Citizenship) Amendment Order, 1989. Out of 74966 persons, 74721 persons were included by the MHA while 245 persons were not included in the approved list of citizens in terms of the Sikkim (Citizenship) Amendment Order, 1989. The Appellant's representation for issue of the Citizenship Certificate in terms of Sikkim (Citizenship) Amendment Page 2 of 4 Order, 1989 was forwarded to the Secretary, MHA for taking necessary action. Hence, the Appellant filed the RTI Application seeking the above queries.
The Respondent has also submitted a written submission dated 28.05.2025 reiterating the aforementioned facts and adding as follows:
"....it is pertinent to mention that applicant has sought information regarding his citizenship case vide several RTIs and RTI appeals) e.g. RTI No. MHOME/R/E/22/01119 dated 25.03.2022, RTI Appeal No. MHOME/A/E/22/00237 dated 06.04.2022 and Compliance report to CIC's Order No. CIC/MHOME/A/2022/126780 dated 28.04.2023 and 18.05.2023 respectively. Reply of the RTI and Appeal given by this Division are enclosed. (copy at Annexure-5)
6. On going through the instant RTI application as well as other RTI application, it can be clearly understood that the intention of the RTI applicant is to include himself and his natural descendants in the register maintained under Sikkim Subjects Regulation, 1961 in terms of Sikkim (Citizenship) Order, 1975 as amended vide Sikkim (Citizenship)Amendment order, 1989 for left out person as Genuine Omission. Hence, the instant RTI is somehow related to the grievance of the RTI applicant for inclusion his name under the aforementioned act. For resolution of grievances a separate portal namely Centralised Public Grievance Redress and Monitoring System (CPGRAMS) is already in place. However, it is to inform that as per the State Government of Sikkim "the legal descendants of Shri Padam Bahadur Bhujel (father of the applicant) are all Indian citizens and enjoy all benefits as are accrued to any ordinary citizen of India, including voting rights."
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Present through video conference Respondent: Shri Ram Dayal Meena - Director(Citizenship) was present during hearing.
Both parties reiterated their respective contentions with the Respondent stating that information available on record had been duly furnished to the Appellant. The Respondent has also placed on record an order dated 28.05.2025 passed by the US, Citizenship Wing, Foreigners Division, MHA whereby the representation of the Appellant has been addressed in detail and the reason why the Appellant's request cannot be acceded has also been clearly laid down by the speaking self explanatory order. Copy of the order has been sent to the Appellant and a copy submitted before the Commission during the course of hearing.
Decision:
Perusal of records of the instant case reveals that the Respondent has duly furnished information available on records, as defined under Section 2(f) of the RTI Act, in terms of the provisions of the Act. The Respondent is directed to send a copy of the written submission dated 28.05.2025 with the relevant annexures, and a copy of the aforementioned order dated 28.05.2025 to the Appellant within two weeks of receipt of this order and submit a compliance report in this regard before the Commission within a week thereafter.Page 3 of 4
Considering the fact that the PIO has already furnished information held by them, and the response is legally appropriate and well within the precincts of the RTI Act, 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 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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