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Central Information Commission

Deepak Kumar vs Embassy Of India, Washington, Usa on 23 January, 2023

                                 के   ीय सूचना आयोग
                        Central Information Commission
                             बाबा गंगनाथ माग, मुिनरका
                        Baba Gangnath Marg, Munirka
                         नई द ली,
                               ली New Delhi - 110067

ि तीय अपील सं या / Second Appeal No. CIC/EIWUS/A/2021/660794

Shri Deepak Kumar                                            ... अपीलकता /Appellant
                                  VERSUS/बनाम

PIO, Embassy of India, Washington DC                   ... ितवादीगण /Respondent
Through: Shri Subhash Chandra Agarwal - RTI
Consultant

Date of Hearing                      :    23.01.2023
Date of Decision                     :    23.01.2023
Chief Information Commissioner       :    Shri Y. K. Sinha

Relevant facts emerging from appeal:

RTI application filed on              :   11.11.2021
PIO replied on                        :   15.11.2021
First Appeal filed on                 :   21.11.2021
First Appellate Order on              :   24.11.2021
2ndAppeal/complaint received on       :   17.12.2021

 Information sought

and background of the case:

The Appellant filed an RTI application dated 11.11.2021 seeking information on the following points:-

"...........sought information about BHUPINDER SINGH S/O KULWANT SINGH, who is citizen of USA and holding Oci card. and currently living at address VPO CHAWINDA DEVI, District Amritsar, Punjab, Police station Kathunangal (Amritsar Rural Police), Frro Amritsar. Please provide detailed information About Him.

1. when he has surrendered his citizenship of India. (Date, month and Year)

2. when he has acquired his OCI card.( Date, month and Year).

I also request you, please provide names of OCI card holder who have acquired OCI CARD by providing above mentioned INDIAN address."

The PIO, HOC, Embassy of India, Washington DC vide letter dated 15.11.2021 replied as under:-

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 21.11.2021. The FAA/Minister(Commerce), Embassy of India, Washington DC vide order dated 24.11.2021 upheld the reply of the CPIO.

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

A written submission has been received from CPIO vide letter dated 29.12.2022, reiterating the above facts and adding as under:

Hearing is held through video conference upon serving notice of hearing in advance to both parties. Respondent alone is present for the hearing, while the Appellant has neither attended the hearing nor sent any submission explaining the cause of his absence.

Decision:

Perusal of the submission sent by the Respondent reveals that the PIO has furnished appropriate reply, applying the relevant provision of law to deny third party information. The Appellant has chosen not to contest the case.

Considering the fact that there is no legal infirmity in the reply sent by the Respondent, no cause of action subsists in this case under the RTI Act for further adjudication.

The appeal is disposed off accordingly.

Y. K. Sinha (वाई.

वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Page 2 of 3 Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3