Central Information Commission
Krishna Bahadur Biswakarma vs Embassy Of India, Kathmandu, Nepal on 30 October, 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/EOIKN/A/2023/644734.
Shri Krishna Bahadur Biswakarma. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Embassy of India, Kathmandu, Nepal.
Date of Hearing : 28.10.2024
Date of Decision : 28.10.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 08.07.2023
PIO replied on : 25.07.2023
First Appeal filed on : 03.08.2023
First Appellate Order on : 17.08.2023
2 Appeal/complaint received on
nd : 18.09.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 08.07.2023 seeking information on following points:-
"(i) Details of information required (please be specific by giving details) a. Whether Shri Bishnu Krishna Shrestha @ B.K. Shrestha, son of late Ganesh Lall Shrestha, resident of 34 Vasant Marg, Vasant Vihar, Delhi-
110057 is a Citizen of India or Citizen of Nepal? b. Whether he has surrendered his Indian Passport? If yes, kindly provide certified copy of the document which suffices the fact that he has surrendered the Indian Passport.
C. Whether this Embassy has issued any renunciation certificate of Indian Citizenship to Shri Bishnu Krishna Shrestha as required under the law? If yes, kindly furnish the certified copy of the certificate issued to him by this Embassy, if any? d. Whether Shri Bishnu Krishna Shrestha has surrendered Indian Passport/Indian Citizenship to obtain Nepalese Citizenship or not? Kindly furnish the details."
The CPIO vide letter dated 25.07.2023 replied as under:-
"(i) As per records available with this Mission, Shri. Bishnu Krishna Shrestha (Indian Passport No. P9689395) had renounced Indian Citizenship on 10.12.2018.
ii) Copy of Certificate issued is no more available with this Mission."Page 1 of 3
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 03.08.2023. The FAA vide order dated 17.08.2023 stated as under:-
"2. The First Appeal of Mr Krishna Bdr. Biswakarma (herein after referred to as the Appellant) is received under Section 19 of the RTI Act 2005. The Appellant is aggrieved with the response/information given by CPIO vide his letter no. Kat/PIC/RTI/12/2023 dated 25.07.2023, which the appellant had sought vide his original RTI application dated 08.07.2023. 3. The undersigned, as the First Appellate Authority, has gone through the response of the CPIO and the First Appeal filed by the Appellant. The undersigned is satisfied with the response of the CPIO.
4. With this, the First Appeal stands disposed off."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Absent Respondent: Shri Anand Shoukar ; Shri Subhash Chandra Aggarwal Submissions:
The CPIO in oral submissions stated that point wise reply has been provided to the Appellant vide letter dated 25.07.2023. CPIO further referred to written statement dated 16 oct 2024 wherein it was stated that "The appellant filed RTI application seeking personal information about surrender of Indian passport some Shri Bishnu Krishna Shrestha and his citizenship etc. CPIO at the Embassy of India in Nepal vide reply dated 25.07.2023 furnished information as available with the Embassy, even though the furnished information could have been declined, as exempted under section 8(1)(j) of RTI Act, being personal in nature. Reference in this context is invited to Delhi High Court verdict dated 19.02.2014 in WP (C) 3406/2012 in the matter "Union of India vs R Jayachandran" wherein it was held that passport details, copies of birth certificate and copies of records of educational qualification are personal information, the disclosure of which would cause unwarranted invasion of privacy of individuals, unless there was an overbearing public interest in favour of disclosure.
Decision:
Upon the perusal of the case records and the submissions of CPIO, the Commission noted that the CPIO has blatantly contravened the provision of Section 8(1)(j) & section 11 RTI Act,2005 by disclosing the personal/ third party Page 2 of 3 information to the Appellant. In the instant case the CPIO has disclosed the utmost sensitive information of Shri Bishnu Krishna Shrestha ie. Passport No. In this regard, the CPIO is apprised that while dealing with RTI applications in future Section 8,9,10 RTI Act, 2005 must be strictly followed.
Further, the Commission observes that CPIO has provided an appropriate reply to the Appellant. Hence, the Commission finds no merits for the intervention. Thus, 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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