Central Information Commission
Rohinton B Mehta vs Ministry Of Home Affairs on 10 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/MHOME/A/2021/654285
CIC/MHOME/A/2021/150019
Shri Rohinton B Mehta ... अपीलकता /Appellant
VERSUS/बनाम
PIO, Foreigner's Division, MHA ... ितवादीगण /Respondent
Through: Shri Ramakant Singh - DS
Date of Hearing : 09.01.2023
Date of Decision : 10.01.2023
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case RTI Filed CPIO reply First appeal FAO 2nd Appeal
No. on received on
654285 09.03.2021 15.06.2021 07.05.2021 14.09.2021 11.11.2021
150019 09.03.2021 15.06.2021 07.05.2021 09.09.2021 23.11.2021
Information soughtand background of the case:
(1) CIC/MHOME/A/2021/654285 (2) CIC/MHOME/A/2021/150019 [Since the RTI applications are identical in both cases, the appeals are clubbed together for hearing] The Appellant filed an RTI application dated 09.03.2021 seeking information on following point:-
Vide intimation Dt. 10thNovember 2020 from MHA, we were informed of refusal to grant registration under FCRA 2010 (MHA File No. 6101032019) citing the case attracts Section 12(2) of FCRA 2010 Foreign Contribution (Regulation) Act 2010 Section 12(2) quotes On receipt of an application under sub-section (1), the Central Government shall, by an order, if the application is not in the prescribed Page 1 of 4 form or does not contain any of the particulars specified in that form, reject the application.
I seek the following information under RTI Act 2005 The specific error or deficiency or reason for rejection of MHA File No.6101032019 citing Section 12(2) of FCRA 2010.
The PIO vide online reply dated 15.06.2021 stated as under:-
Reply to the RTI application has already been sent vide this office letter No. II/21022/36(0086)/2021-FCRA-II dated 14/06/2021 to the applicant.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 07.05.2021. The FAA/Jt. Secretary(Foreigners Division) vide order dated 14.09.2021& 09.09.2021 held as under:-
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 the Surat Parsi Panchayat Funds and Properties vide letter dated 02.01.2022 reiterating the request to be informed about the reason for rejection of registration of the Trust. A written submission dated 05.01.2023 has been received from PIO, MHA reiterating the above facts.
Hearing is held through video conference upon serving notice of hearing in advance to both parties. Both parties are heard through video conference and the Respondent reiterated that the application mentioned by the Appellant had been denied under Section 12(2) of the FCRA 2010. He further cited the Section 12(4) and 12(5) of the FCRA 2010 to justify denial of information.
Decision:
Upon hearing the contentions of the parties and perusal of the records of the cases, it is pertinent that the provisions relied upon by the Respondent be looked into. The provisions of the Foreign Contribution (Regulation) Act which are important with respect to these two appeals are:
12. Grant of certificate of registration. --Page 2 of 4
(1) An application by a person, referred to in section 11 for grant of certificate or giving prior permission, shall be made to the Central Government in such form and manner and along with such fee, as may be prescribed.
(2) On receipt of an application under sub-section (1), the Central Government shall, by an order, if the application is not in the prescribed form or does not contain any of the particulars specified in that form, reject the application.
The Sub section 4 of the Section 12 enlists the conditions to be satisfied for the grant of the certificate (5) Where the Central Government refuses the grant of certificate or does not give prior permission, it shall record in its order the reasons therefor and furnish a copy thereof to the applicant: Provided that the Central Government may not communicate the reasons for refusal for grant of certificate or for not giving prior permission to the applicant under this section in cases where is no obligation to give any information or documents or records or papers under the Right to Information Act, 2005 The aforementioned provisions clearly indicate that where the grant of certificate is denied, the reason for the same shall be recorded and copy of the same shall be furnished to the Applicant, unless there is no obligation to give any information under the RTI Act, 2005, i.e. unless such information is exempt under the RTI Act.
In the light of the clear mandate of the FCRA 2010, the reply from the Respondent appears far from satisfactory because the specific reason for denial of the certificate of registration under 12(2) of the FCRA Act has not been provided to the Appellant.
Under these circumstances, the Respondent-DS, Foreigner's Division, MHA present for the hearing is hereby directed to furnish a revised reply providing information, as permissible under the Act, answering the query of the Appellant viz. "specific error or deficiency or reason for rejection of MHA File No.6101032019"
in terms of the S. 4(1)(d) of the RTI Act. The Respondent shall send the revised reply within four weeks of receipt of this order and submit a compliance report before the Commission in this regard with necessary proof of service by 10.02.2023.
The appeal is disposed off accordingly.
Y. K. Sinha (वाई.
वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Page 3 of 4 Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4