Central Information Commission
Mr.Pritpaul Singh vs Ministry Of External Affairs on 2 December, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002518/16096
Appeal No. CIC/SG/A/2011/002518
Relevant Facts emerging from the Appeal:
Appellant : Mr. Pritpaul Singh
3757/38/1, Kundan Nagar,
Model Town Extension,
Ludhiana-41002, Punjab,
Respondent : Public Information Officer
Ministry of External Affairs, O/o The Regional Passport Officer, Regional Passport Office, S.C.O. 28-32, Sec-34-A, Chandigarh.
RTI application filed on : 29/04/2011 PIO replied : 03/06/2011 First appeal filed on : 30/06/2011 First Appellate Authority order : 29/07/2011 Second Appeal received on : 08/09/2011
Subject matter of information:- On 10.03.2011, the applicant appeared before The Passport Sewa Kendra, Ludhiana for reissue of Passport under Tatkal category. It may be noted, the applicant is born at Village: Nyumba Ya Mungu, District: Moshi, Country: Tanzania The set of documents produced by the applicant for reissue of Passport were a few, including the following (excluding Sr No 7) with place of birth mentioned therein, as described hereunder:
Sr Description of Issue Date, Authority, Place of Birth, as Comments No Document City and Country mentioned therein Comments
1. certificate of Birth 18.03.1975 by District AT HOME NYUMBA VA Correct Registrar, Births and MUNGU Deaths at District Moshi, MOSHI Tanzania
2. Indian Passport No 18 June 1980 by Indian Nyumba Va Mungu, Moshi, Correct 1J49944 High Commission at Dar- Tanzania es-Salaam, Tanzania
3. Indian Passport No 14 June 1990 by Indian Nyumba Va Mungu, Moshi Correct F598123 High Commission at Dar- (Tanzania) es-Salaam, Tanzania
4. Indian Passport No 27 Sep 2001 by Regional NVUMBA YAMUNGU Incomplete 83847386 Passport Office at Misspelt Chandigarh, India
5. Annexure "F" 04.03.2011 by Ludhiana Tanzania Police at Ludhiana Page 1 of 7
6. Addition to Anx. "F' 10.03.2011 by Ludhiana Nyumba Va Mungu, Police at Ludhiana Tanzania
7. Indian Passport No 11.03.2011 by Regional NUVMBA VAMUNGU, Incomplete J6576283 Passport Office at TANZANIA Misspelt Chandigarh, India The following is the sequence of events that occurred at Passport Sewa Kendra, Ludhiana, on 10.03.2011 and 11.03.2011 during the applicant's appearance for reissue of Passport:
1. The applicant appeared before the passport processing centre where the documents of the applicant were examined and filed for processing. At this stage, the applicant announced his birth place as Village: Nyumba ya Mungu District: Moshi Country: Tanzania, pointed out the error in previous passport (Sr No 4 above) and requested a correction. The correction was denied!! It is noteworthy fact the error first occurred in Passport No B3847386 issued by the Regional Passport, Chandigarh and to obtain this Passport the applicant had then produced the previous Passport F598123, which is correct. The cancellation of Passport F598123 which contains correct information is stamped in Passport No B3847386 which contains incorrect information.
2. The applicant's certificate of birth and previous Passports were seen by the Passport Office which contain correct and complete place of birth but were eventually set aside.
3. The Verifying Officer found the documents correct, cancelled applicant's Passport No 83847386 on 10.03.2011 and returned it to the applicant.
4. 4. The Granting Officer objected on place of birth appearing on Annexure "F" as Tanzania in comparison with previous Passport, which reads Nyumba VaMungu (which is misspelt, incomplete and therefore incorrect).
5. Interestingly, the Granting Officer instructed the applicant to obtain a fresh verification certificate with incorrect place of birth, verbally and held the application.
6. The Passport Sewa Kendra, ludhiana required the Annexure "F" issuing Authority to commit the mistake which the Regional Passport Office, Chandigarh did.
7. The applicant approached the A.P.O. for a possible resolution who upheld the prescribed correction.
8. The applicant requested the Granting Officer and than the A.P.O. to provide a write up, on the letterhead of the Passport Office addressed to the Annexure "F" issuing authority, describing the irregularities observed therein by the Passport Office, to document and reason the reprocessing and reissue of corrected version of Annexure "F".
It is pertinent to emphasize, the Annexure "F" issuing authority is under no obligation to entertain any "verbal" requests of the applicant. The Authority reserves the right of not entertaining a request unless appropriately documented, The applicant's repeated requests for such a document were refused and the application was kept on "hold".
9. The applicant reappeared before the Annexure "F" issuing Authority, explained the state of affairs and requested the prescribed correction. The Authority issuing the Annexure "F" was kind enough to entertain the request of the applicant and delivered the requested correction.
10. On 11.03.2011, the applicant reappeared at the Passport Office and was granted the Passport on providing the desired correction.
(b) Specific details of information required: Please provide the following information, duly certified, seriatim in English language:-
a) As elucidated above, the error in place of birth is due to no fault of the applicant but Regional Passport Office, Chandigarh and then Passport Sewa Kendra, Ludhiana, who refused to rectify the error and hence the applicant is again issued a passport with incorrect place of birth.
The applicant is willing to produce the above documents, in original, whenever required for verification/inspection at Passport Sewa Kendra, Ludhiana.
Page 2 of 7In view of the facts mentioned:
a) The applicant possesses a passport with incorrect information.
b) The applicant made reasonable efforts for the correction at the time of filing the application for reissue of Passport.
c) The error is due to no fault of the applicant but the Regional Passport Office, Chandigarh and than the Passport Sewa Kendra, Ludhiana.
d) The Passport Office is now, again, apprised of the facts, vide this application.
The applicant seeks information on the following:
a) What action will the Passport Office take to set right the passport of the applicant?
b) When would this happen and exactly when would the applicant have the corrected passport?
c) Please list names and designations of Officers who were in the process of and responsible for correctness of Passport No B3847386, where the error first occurred.
d) Please mention what action would be taken against the officers referred to, in the previous column.
e) Please provide details of proceedings against the concerned officers who committed the error.
f) Please provide a certified copy of "guidelines" for filling Annexure "F".
g) Do the guidelines for filling Annexure "F" clarify the contents of place of birth?
(i) If Yes, please advice where exactly are such guidelines found or available?
(ii) If No, on what basis was the Annexure "F" of the applicant rejected in absence of such guidelines? Was it a merely a discretionary act?
h) The applicant's place of birth reads "Nyumba Ya Mungu, Moshi, Tanzania" on: (aj Certificate of Birth -- duly countersigned by the Indian High Commission in Tanzania and (b) Two old passports issued by the Indian High Commission in Tanzania. These documents were produced before the Passport Office at Ludhiana in original but were set aside. The applicant is of the opinion, at the time of filing the application for reissue of passport in India, it is relevant to mention the name of country of birth, if the applicant was born overseas or village/town/city and country of birth rather then only the village of birth.
The applicant desires the reasoning:
a) Why is Annexure "F" with place of birth as name of country (Tanzania) incorrect?
b) How is Passport No B3847386 with only village of birth correct?
c) Please examine the four passports issued to the applicant (as detailed above with attached photocopies) and please specify the incorrect passports with reasoning.
d) Why did the Passport Sewa Kendra, Ludhiana refuse to rectify the error upon the applicant's request and production of all relevant documents?
e) Why the Passport Office deliberately delivered two Passports with incomplete/incorrect information?
(2). The applicant's application for reissue of Passport was made under Tatkal Category. The passport of the applicant was due to expire on 26.09.2011 and the passport office, ontiO.03.2011 cancelled the passport of the applicant without granting the any and restrained the mobility of the applicant.:
This is very discourteous! The applicant suffered stress due to cancellation of passport in view of the fact, none was granted.
a) Please explain, why is a Passport cancelled before confirmation of the Grant?
b) What are the provisions when the applicant wishes to apply for reissue of passport, travel while the new one is in process and have his passport cancelled only before delivery of new passport?Page 3 of 7
c) If there are such provisions, why was the applicant not informed about them? The applicant has neither seen such provisions printed anywhere on the assessable documentation or the websites, http://passport.gov.in/ or htt p://www. passportindia .gov. in.
3. The applicant referred several English Language Dictionaries including The Oxford and the applicant ascertained the word "Place" means or substitutes "position; area in space; square; short street; rest; lay; leave; position; set; situate; consign; identify; file; lacate; arrange; categarize; rank; location; spot; orea; paint; site; situation; home, house; residence; dwelling; room; fiat; status; rank, station; pur and it is In no manner fit for use as a substitute of City/Town/Village and/or Country.
The applicant admits, "Place of Birth" is a generally an acceptable phrase to address the location of birth but contests it is too ambiguous in this sensitive legal context. The applicant is therefore of the opinion, the phrase "place of birth" is unacceptable for use on passports.
The applicant further states, if the phrase "Place of Birth" is to remain in use, it needs to be qualified under further classifications such as: Village, Town, City or District and Country.
The applicant puts up the following different scenarios for consideration:
i. If Village, Town, City or District is printed as Place of Birth on a Passport: The passport not only works as an instrument of travel but as an accurate and complete verified identity of the holder.
The applicant is of the opinion the Passport contains curtailed, incomplete and therefore incorrect information about the passport holder. The Passport is meant for use worldwide and not within the Country of Birth of the Passport holder. The passport must not contain misleading/vague/incomplete information about the applicant. A concerned authority of any Country could be reasonably expected to know about every Country and it is unacceptable to assume such authority to know about every Village/Town/City in the World unless a reference to the Country exists.
The applicant was issued Passport No B3847386 by Regional Passport Office Chandigarh with Place of Birth reading "Nyumba YaMungu" which is a village in Tanzania, This passport does not mention Country of Birthl!
(i) How can the applicant using the passport, which mentions place of birth as the village, mention his country of birth, when he is any Country other than the Country of Birth?
(a) holder of an Indian passport born in India is likely to face serious complications while mentioning his country of birth as India when he is overseas simply because his passport reads the name of Village/Town City and not the Country, eg: Place of Birth: Karnal or Jalalabad.
How does the authority overseas know the Country of Karnal? How does the passport holder assure the authority overseas, that the applicant was born at Jalalabad in Punjab, India because:
• Jalalabad formerly called Adinapour is a city in Eastern Afghanistan • Jalalabat, (also spelled as Jalal-Abad), is administrative and economic centre of Jalal-Abad Province in South Western Kyrgyzstan • Jalalabad is now Shahjahanpur, in Uttar Pradesh, India • Jalalabad is a city and a municipal council in Firozpur District, Punjab India It is in practise to mention the city of birth without country in case of passports issued to those born in India and mentioning a place like Jalalabad without the Country creates ambiguity.Page 4 of 7
(b) A holder of an Indian passport born overseas may face serious avoidable and unnecessary complications while mentioning the country of his Birth, in all countries including India except the Country of his birth because the place of birth would be known in the Country of birth itself and perhaps no other Country in the world including India. It is safe to assume everybody is not born at famous places like New Delhi or London.
This applies to the case of the applicant too. The applicant is born at Village: Nyumba Va Mungu, District: Moshi, Country: Tanzania.
Please advice, how can the applicant mention Country of his birth using Passport No B3847386?
(ii) The applicant is of the firm opinion, the phrase "Place of Birth" and the information printed therein of passport holder is incomplete and therefore incorrect.
Please explain how the Passport Office justifies this?
b) If City/Town/Village and Country is printed as Place of Birth on a Passport:
(i) why is there no provision for City/Town/Village and Country to be mentioned and printed separately?
(ü) Why are no guidelines to include the City/Town/Village and Country in place of Birth?
(iii) Why Passport Offices accept and publish Passports without the name of Country in which the Passport holder was born?
c) If City/Town/Village is printed as Place of Birth of Passport holders born in India and City/Town/Village with Country is printed Place of Birth of Passport holders born in any Country apart from India.
(i) How was Passport No 83847386 issued by Regional Passport Office, Chandigarh without Country of Birth?
(ii) Is it clarified, anywhere on the passport, that the birth place is name of city for passport holders born in India and name of city and country for passport holders born anywhere apart from India.
4. Why is the Passport Office having no mechanism for issuing advisories for correction of documents?
The applicant requotes his experience: The Passport Sewa Kendra, Ludhiana did not issue any document pertaining to the correction it desired in Annexure "F".
In such circumstances, where the applicant produces a document issued by any Authority to support the Passport Application, the Authority is under no obligation to perform a correction upon the request of the applicant. The document could be correct and acceptable by the applicant and the Issuing Authority from their point of view.
In such cases, it is inappropriate to force the applicant to "beg" or "persuade" the Issuing Authority for a correction.
If the Passport Office can demand something why can't it document it? It is the responsibility of the Passport Office to issue the applicant, an advisory addressed to the concerned Authority mentioning the desired correction, current state of the passport application, duly countersigned and stamped on the Official letter head of the Passport Office.
As in the case of the applicant, Place of Birth as Tanzania was acceptable to the applicant and the Authority who issued the Verification Certificate because the Annexure "F" does not specify if "Place of Birth" means "City/Town/Village" or "Country".
Page 5 of 7If it is unacceptable, the Passport Office should be sensitive enough provide documented reasoning / advisory of the irregularities, to the applicant, addressed to the Authority and not at all a verbal explanation.
The Passport Office has no such mechanism and no authority is bound to entertain requests of the applicant.
Had the applicant been unable to provide the addition to Annexure "F" the Passport Application of the applicant would have remained "on hold", for an indefinite period of time! PIO response:-
1). Passport No.B3847386 was issued to you on 27.09.2001 in which place of birth was written as "NYUMBA YAMUNGU" which was incomplete but you never pointed out that mistake to Regional Passport Office, Chandigarh that your place of birth has been written incomplete in your passport no. B3847386. As per rules you should have contacted RPO Chandigarh on receipt of your passport for rectification.
1). a.b.c.d:- Now you are advised to visit this office on any working day with all passports and document and this office shall examine your case and do the needful as per rules.
i. This office shall take necessary action as deemed fit as per Govt's instructions. ii. Action shall be taken when you will visit this office as advised in 1(a) (b) (c) (d). iii. Replied in Para I. iv. -do-
v. Error occurred in 2001 but you never pointed out during the last ten years. Hence no action can be taken at this stage after ten years.
vi. Annexure 'F is to be issued by the verifying officer as per correct particulars provide by the applicant and specimen is available on the website www.passportindia.gov.in vii. Annexure 'F is to be issued by the verifying officer as per correct particulars provide by the applicant and specimen is available on the website www.passportindia.gov.in
a). All the reasons from (a) to (e) shall be discussed on your arrival in the office in detail which are explained in Para I.
2. Your old passport was cancelled as per the instructions of the Govt. of India under the process of granting reissue of passport.
3.
a) No specific information sought.
b) Already replied in para I and guideline to write vil4age/town/city are there in the passport application form, if applicant is born in India.
c) The place of birth was too long to write in full in the column of place of birth so the mistake was occurred iii the handwritten passport no. 83847386. Inconvenience caused to you is highly regretted.
d) Guidelines to write place of birth in the passport application form are there on the website www.passportindia.gov.in
4. Passport Office is having mechanism for correction of mistakes in the passport.
3(b). Provisions are there in the printed passport.
Grounds for the First Appeal:
Unsatisfactory information was given by the PIO.
Order of the First Appellate Authority (FAA):
I have examined the RTI application and the CPIO's reply. The CPIO supplied whatever information was available in his office. If the appellant is still dissatisfied, he may seek inspection of his passport application file after taking a prior appointment with the CPIO.
Page 6 of 7Grounds for the Second Appeal:
Unsatisfactory reply and Order of FAA received by the Appellant.
Relevant Facts emerging during Hearing:
The following were present Appellant : Mr. Pritpaul Singh on video conference from NIC-Ludhiana Studio; Respondent:Mr. P.Roychaudhuri, Advocate on behalf Shri Rakesh Agarwal Passport officer Chandigarh;
The Appellant has written a frilly long essay and now is identifying specific information which he wants as follows:
1- Reasons on record for not accepting the correction in place of birth.
2- Guidelines for fillingup annexure (f). Decision: The Appeal is allowed.
The PIO is directed to provide the information on the points mentioned above as per the records. If this information is not available on the records this should be stated. The PIO will give the information to the Appellant before 25 December 2011. This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 02 December 2011 (In any correspondence on this decision, mention the complete decision number.) (HA) Page 7 of 7