Central Information Commission
Mr.Narendra Singhvi vs Ministry Of External Affairs on 20 August, 2010
Central Information Commission
CIC/AD/A/2010/001025
Dated August 20, 2010
Name of the Applicant : Shri Narendra Singhvi
Name of the Public Authority : RPO, Jaipur
Background
1. The Applicant filed an RTI application dt.25.1.10 with the PIO, RPO, Jaipur. He wanted to know why his daughter's new passport had not been dispatched and whether the documentation submitted by him was incomplete. The PIO replied on 26.2.10 denying the information u/s 8(1)(j) of the RTI Act as the information sought related to a third party. Being aggrieved with this reply, the Applicant filed an appeal dt.19.3.10 with the Appellate Authority stating that Section 8(1)(j) is not applicable in this case as he is seeking the information about Ms.Ankita Singhvi who is his daughter. Shri A.Manickam, Appellate Authority replied on 12.4.10 upholding the decision of the CPIO and reiterating that the Appellant is seeking information about the passport of his daughter who is a third party as per definition of third party as given in Section 2(n) of the RTI Act which reads as follows:
'third party' means a person other than the citizen making a request for information and includes a public authority.
The Appellate Authority added that the daughter of the Applicant is free to file a RTI request and seek information about the status of her passport. Still not satisfied the Applicant preferred a second appeal dt.19.5.10 before the Commission.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for August 20, 2010.
3. Shri Shrawan Kumar Verma, PIO represented the Public Authority.
4. The Appellant was heard through audio conferencing.
Decision
5. Shri Shrawan Kumar Verma, Respondent PIO submitted that Ms.Ankita Singhvi (the applicant for the passport) had also filed an RTI application consequent to the PIO's reply that information belongs to a third party and that she was informed about the difference in place of birth given in the two applications. He added that Ms. Singhvi had deposited her passport application form at Post Office, Udaipur and that the police verification report was received on 9.9.09. At the time of issuing the passport it was observed that the place of birth as given in the application form was different from that given earlier based on which the old passport of Ms. Singhvi was issued. In the earlier passport application as also in the affidavit submitted by Ms. Singhvi's mother about her daughter Ms. Ankita Singhvi, who was then a minor, the place of birth had been given as Udaipur whereas in the new application it is given as Jaipur. Therefore, a letter was sent to Ms. Ankita Singhvi (who is now a major) requesting her to deposit Rs.1000/ as penalty for providing wrong information. Ms. Singhvi had deposited this amount only on 10.8.10 and the passport No.J1819261 dt.16.8.10 was issued and sent by Regd. Post to her on 16.8.10. The Respondent produced before the Commission the old passport application as also the affidavit both showing the place of birth as Udaipur. The Appellant , however, refused to believe that such a mistake could have been committed and complained about the delay in issue of the new passport.
6. It is the Commission's opinion that both the PIO and the Appellate Authority had gone wrong in simply refusing the information and not following the procedure laid down under Section 11 of the RTI Act which relates to third party information once it has been decided that information belongs to a third party. The Commission however noted that information had been furnished to Ms. Singhvi after she filed an RTI application as advised by the Appellate Authority and that the passport had been issued to her on 16.8.10. The PIO is however directed to provide attested copies of the initial application as also of the affidavit submitted by Ms.Singhvi's mother indicating Udaipur as the place of birth of Ms. Singhvi by 25.9.10 to the Appellant.
7. The appeal is accordingly disposed of and the case closed at the Commission's end.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy Registrar Cc:
1. Shri Narendra Singh S/o Shri Basanti Lal Singhvi Singhvi House First Floor, 66K Saheli Marg Inside SaheliMarg Near Gardens & Fountains Udaipur 313 001
2. The PIO Regional Passport Office J14, Industrial Area Jhala Dungri jaipur
3. The Appellate Authority Ministry of External Affairs O/o JS(CPV) Patiala House Annexe Tilak Marg New Delhi
4. Officer incharge, NIC