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Central Information Commission

Raminder Singh vs Ministry Of External Affairs on 11 July, 2023

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

ि तीय अपील सं या / Second Appeal No. CIC/MOEAF/A/2022/158697

Shri Raminder Singh                                          ... अपीलकता/Appellant
                                  VERSUS/बनाम

PIO, US PSP, RTI Cell, MEA, New Delhi                  ... ितवादीगण /Respondent
Through: Shri P Roychaudhuri - Advocate

Date of Hearing                       :   10.07.2023
Date of Decision                      :   11.07.2023
Chief Information Commissioner        :   Shri Y. K. Sinha

Relevant facts emerging from appeal:

RTI application filed on              :   12.09.2022
PIO replied on                        :   11.10.2022
First Appeal filed on                 :   11.10.2022
First Appellate Order on              :   26.10.2022
2ndAppeal/complaint received on       :   15.12.2022

 Information sought

and background of the case:

The Appellant filed an RTI application dated 12.09.2022 seeking the following information:-

1 PASSPORT NUMBER APPLICATION DATE 2 PASSPORT NUMBER 3 IF THERE IS ANY VISA APPLIED OR YET TO BE APPLIED ON THE ASKED PASSPORT CONNECTED WITH AADHAAR NO THAT IS 7690 4827 1704 ON THE NAME OF HARDEEP KAUR WIFE OF RAMINDER SINGH.

The PIO vide online reply dated 11.10.2022 stated as under:-

The information disclosure is exempted under section 8(1)(j) of the RTI Act, 2005.

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 11.10.2022. The FAA/OSD(PSP), MEA vide order dated 26.10.2022 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:

Hearing was scheduled through virtual means after giving prior notice to both the parties. Both parties are heard through video conference and the Appellant commenced his argument with the contention that since he had sought information pertaining to his legally wedded wife, the information should not have been denied to him under Section 8(1)(j) of the RTI Act. During the course of deliberations between the parties, it has been highlighted that the information has been sought by the Appellant in light of the matrimonial dispute case between him and his wife. The Respondent reiterated contentions as stated above.

Decision:

Upon perusal of the records of the case and after hearing the averments of the parties, the Commission notes that the Delhi High Court decision dated 19.02.2014 in Union of India vs. R Jayachandran [W.P.(C) 3406/2012], is squarely applicable to the instant case, whereby the Hon'ble Court had clearly held that passport related information is personal in nature qua the passport holder and cannot be disclosed to any other individual/third party information seeker, under the RTI Act.

In the light of the aforementioned established legal position, no further intervention is warranted in this case.

The appeal is disposed off as such, with no further adjudication.

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