Central Information Commission
Mr. Vikram Bains vs Ministry Of Home Affairs on 13 June, 2012
Central Information Commission
Room No. 305 BWing, August Kranti Bhawan,
Bhikaji Kama Place, New Delhi - 110066
Tel No: 26167931
Case No. CIC/SS/A/2012/000391
Dated: 13.6.2012
Name of the Appellant : Shri Vikram Bains
(The appellant was present).
Name of the Public Authority : Ministry of Home Affairs,
Foreigners Division.
Represented by: Mr. Vinod Kumar, Dy.
Secy(F).
The matter was heard on : 21.5.2012
ORDER
Shri Vikram Bains, the appellant has filed the present appeal before the Commission against the orders of the CPIO dated 8.2.2011 and F.A.A. dated 3.8.2011. In his appeal filed before the Commission the appellant submits that he had moved an application under the provisions of the RTI Act on 20.1.2011 seeking to be informed of the status of his application dated 29.6.2010 and 23.11.2010 requesting therein review and reinvestigation of the decision on exit of Foreign National Ms. Sahar Gharachorloo, which has been kept in abeyance. That in response he received a reply dated 8.2.2011 wherein he has been informed that the exit of the said foreign national would be decided only after the final outcome of the court case filed by the said foreign national. He thereafter filed a representation with a request to provide him the law under which the exit of the said foreign national has been stayed. He received another letter dated 16.6.2011 reiterating the same reply that since the appellant's divorce case is subjudice the exit of the said foreign national would be decided after the final outcome of the court case. Aggrieved with the reply the appellant moved an appeal before the FAA requesting to be informed of the law under which exit of the said foreigner has been stayed. In response to the appeal the FAA replied vide letter dated 3.8.2011 reiterating the same facts that the case of exit of the said foreign national has been kept in abeyance due to pendency of the court case. The appellant submits that he has not been provided the specific provision of law under which the exit of the said foreign national has been kept in abeyance.
During the hearing the respondent submit that the information provided to the appellant is self explanatory. By letter dated 16.6.2011 the appellant has been informed that the exit from India of Ms. Sahar Gharachorloo would be decided after the final outcome of the court case filed by her against the appellant challenging his Takaknama dated 23.7.2008. The respondent are also ready to provide a copy of letter dated 23.11.2009 addressed to the Secretary, Chandigarh Administration, Home Department, Chandigarh directing that the exit order of the above said foreigner be kept in abeyance.
Having considered the submission of the parties the Commission is of the view that the reasons for keeping in abeyance the exit order of above said foreigner have been provided to the appellant by the respondent. The respondent CPIO is however directed to provide to the appellant a copy of letter dated 23.11.2009 addressed to the Secretary, Chandigarh Administration, Home Department, Chandigarh directing that the exit order of the above said foreigner be kept in abeyance. The directions of the Commission are to be implemented within 10 days of receipt of this order.
The matter is disposed of on the part of the Commission.
(Sushma Singh) Information Commissioner Authenticated true copy:
(D.C. Singh) Deputy Registrar Copy to:
1. Shri Vikram Bains, H.No. 27, Sec - 3A, Chandigarh-160001.
2. The C.P.I.O.
The Deputy Secretary(F), Ministry of Home Affairs, Jaisalmer House, 26, Mansingh Road, New Delhi - 110011.
3. The First Appellate Authority, The Joint Secretary(F) Ministry of Home Affairs, Jaisalmer House, 26, Mansingh Road, New Delhi - 110011.