Central Information Commission
Mr.Bans Gopal vs Ministry Of External Affairs on 18 May, 2010
Central Information Commission
CIC/AD/A/2010/000534
Dated May 18, 2010
Name of the Appellant : Mr. Bans Gopal
Name of the Public Authority : Ministry of External Affairs
Background
1. The RTI application was filed on 29.9.09 with the PIO, CPV Division, Ministry of External Affairs. The Applicant stated that although a Passport No. H6296954 dated 17th August, 2009 has since been issued and dispatched to him by the Regional Passport Office on 28th August, 2009, i.e. after a period of 85 days, from the date of submission of an application (dated 5.6.09) for reissue of his passport there appears to be a deliberate inordinate delay on the part of concerned officials dealing with his file in issuing and dispatching of reissued passport to him. In this connection, he wanted to know whether the External Affairs Ministry has devised some system and had ever carried out raids in the Regional Passport Office at regular intervals similar to the raids carried out in the Wazirpur Regional Transport Office on 7th September, 2009 to weed out officials found indulging in various malpractices as well as the touts from Regional Passport Office. If so, he requested that the manner of such raids (with dates) carried out between 1st January to 31st August, 2009 and the results thereof be intimated to him . He further requested for information and documents related to the processing of his passport application against 9 points. In addition to this information the Applicant also sought information in respect of "General Category Passport Applications". The PIO replied on 13.10.09 providing pointwise information. Not satisfied with this reply the Applicant filed the first appeal on 1.12.09 stating that information is incomplete and unsatisfactory and commenting on the information that was provided. The First Appellate Authority replied on 11.1.10 upholding the decision of the CPIO Being aggrieved with this response the Applicant filed his second appeal before the Commission seeking the information once again.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for May 06, 2010.
3. Mr.Dilpat Singh, DPO and Mr. Jimmy Simons, UDC were representing the Public Authority.
4. The Appellant was present during the hearing.
Decision
5. During the hearing the Appellant wanted to know the reasons for the inordinate delay of 85 days in reissuing his passport. He also sought reasons for not handing over the passport across the counter by the Officer dealing with the passports at the Passport Office and instead insisting on dispatching the same by post, when there is a provision in the rules for either handing it over personally or by sending the passport to the passport owner by post. The Respondent submitted that there was a delay in reissuing the passport of the Appellant since it was the summer season and the number of passport applications was large and the pendency was high. He also stated that the Passport is handed over across the counter on rare occasions when there is an urgent need for the passport. In all other cases, the practice is to dispatch the passport by post. The Respondent DPO denied having met the Appellant and having refused to hand over the passport to the Appellant across the counter. The Appellant further questioned why his passport could not be reissued along with 676 passports issued during that period despite the fact that his passport application was in order and did not suffer from any deficiency. The Commission after hearing both sides and having noted that available information has been provided, in the interest of the Appellant directs the PIO to provide clarification with regard to point No. 1 related to the delay in reissuing the passport. With regard to remaining two grievances expressed by the Appellant as stated hereinabove, the Commission holds that the information sought is not in material form and does not exist in the records and, therefore, does not fall u/s 2(f) of the RTI Act. The Appellant is advised to approach a grievance redressal forum in this connection. The information against point No. 1 may be provided by the 10 th of June, 2010. The appeal is accordingly disposed of.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G. Subramanian) Deputy Registrar Cc:
1. Mr. Bans Gopal, J187, Reserve Bank Enclave, Paschim Vihar, New Delhi.
2. The Public Information Officer, Ministry of External Affairs, HUDCO Trikot3, Bikaji Kama Place, R. K. Puram, New Delhi.
3. The Appellate Authority / Jt. Secy. (CPV), Ministry of External Affairs, Patiala House Annexe, Tilak Marg, New Delhi
4. Officer in charge, NIC
5. Press E Group, CIC