Central Information Commission
Parul Mishra vs Passport Office on 8 November, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/PASOF/A/2023/139275.
Smt. Parul Mishra. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Passport Office.
Date of Hearing : 30.10.2024
Date of Decision : 30.10.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 16.05.2023
PIO replied on : 01.06.2023
First Appeal filed on : 06.06.2023
First Appellate Order on : 21.06.2023
2 Appeal/complaint received on
nd : 27.09.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 16.05.2023 seeking information on following points:-
"Since I got citizenship of United States, I have surrendered my passport bearing No H8416992 issued on 20/07/2010 in your office. I request you to kindly provide me certified copy of surrender certificate of my passport. A copy of my passport is enclosed. I am seeking this document under Right to information act and therefore, I am enclosing demand draft No 607733 dated 16/05/2023 for Rs 12/- towards fees of RTI with one document."
The CPIO, Assistant Passport Officer, Bhopal vide letter dated 01.06.2023 replied as under:-
"2. As per our records, you have surrendered your Indian passport to this office on 23/12/2015 after acquiring U.S.A Nationality and this office has issued Surrender Certificate to you on the same day. You have acknowledged the same and there is no provision to issue surrender certificate again."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 06.06.2023. The FAA, Regional Passport Officer vide order dated 21.06.2023 stated as under:-
Page 1 of 3"The appellant had filed a RTI application with the CPIO of RPO Bhopal, seeking information under the RTI Act on 17/05/2023. The respondent replied to the appellant on 01/06/2023. Dissatisfied with CPIO's reply, the Appellant has filed this First Appeal, which received in this office on 07/06/2023. CPIO of RPO, Bhopal is advised to issue duplicate copy of surrender certificate and hand over to applicant directly. You are hereby advised to collect the duplicate copy of surrender certificate on any working day from this office. In case of any further query, Please contact [email protected]"
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Absent Respondent: Gagan Gupta, Adv The Appellant remained absent during the hearing despite of having received prior notice for the hearing by the Commission.
The Respondent referred to the written submission dated 29.10.2024 that "The Appellant being aggrieved with the reply of the CPIO preferred a first appeal before the First Appellate Authority on 06.06.2023 who allowed the appeal of the Appellant but requested the Appellant to visit the passport office and collect the certified copy in person since to prevent any potential misuse of the certified copy and all the more when the Applicant on the date of filing the RTI Application was not a Citizen of India. Though, the appeal could have been rejected on technical grounds that the Appellant being a foreign national cannot invoke the provisions of RTI Act, yet, the First Appellate Authority directed the disclosure of information subject to verification of the identity of the Appellant/Applicant. Thereafter, the Appellant/Applicant never visited the Passport Office, a fact borne out from the visitors' register of the Passport Office but the Applicant claims to the contrary: that she had visited the Passport Office on 11.09.2023 but was not successful in obtaining the certified copy of the Surrender Certificate. It is submitted accordingly. The Appellant further claimed that she had also sent a letter to the Office of RPO, Bhopal on 18.09.2023, however, as per the Dak Register, the said letter dated 18.09.2023 was never received in the office of RPO, Bhopal either physically or electronically. This office got to know about the letter dated 18.09.2023 only when a copy of the second appeal memo along with the hearing notice was received from the Central Information Commission. Dated: 29.10.2024.
It is submitted that this office is willing to supply the certified copy of the Surrender Certificate to the Appellant only after the identity of the Appellant is verified to the satisfaction of the Passport Office being a sensitive document. The Appellant may collect the certified copy of said Surrender Certificate personally from the Passport Office at Bhopal after proving her identity to the satisfaction of the Passport issuing authority Representative or in the alternative, she may authorize any Indian Citizen as her Authorized by executing a registered Special Power of Attorney for collecting the certified copy of the Surrender Certificate on her behalf.
Page 2 of 3Decision:
Upon the perusal of the case records & the submissions of the CPIO THE Commission observes that an appropriate reply has been given by the CPIO. However, the CPIO is directed to send a copy of written submission dated 29.10.2024 to the Appellant by the speed post/ registered post / Email within 10 days from the date of receipt of this order and to further send a compliance report to the Commission within 01 week thereafter.
No further action lies. The Appeal stands disposed off.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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