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Central Information Commission

Sameeha Haja vs Embassy Of India, Doha, Qatar on 16 March, 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/EOIDQ/A/2022/609096

Ms. Sameeha Haja                                             ... अपीलकता /Appellant
                                  VERSUS/बनाम

PIO                                                    ... ितवादीगण /Respondent
Embassy of India, Doha, Qatar

Date of Hearing                       :   14.03.2023
Date of Decision                      :   16.03.2023
Chief Information Commissioner        :   Shri Y. K. Sinha

Relevant facts emerging from appeal:

RTI application filed on              :   17.12.2021
PIO replied on                        :   05.01.2022
First Appeal filed on                 :   06.01.2022
First Appellate Order on              :   18.01.2022
2ndAppeal/complaint received on       :   26.02.2022

Information sought

and background of the case:

The Appellant filed an online RTI application dated17.12.2021 seeking the power of attorney prepared by Shri Abdul Azeem Shahabuddin (Passport no. Z2505936) during the period April 2021 to December 2021.

The CPIO/First Secretary, Embassy of India, Doha, Qatar, vide letter dated 05.01.2022 replied as under:-

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 06.01.2022. The FAA/Counsellor, Embassy of India, Doha, Qatar, vide order dated 18.01.2022 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:

The Appellant along with her husband Shri Haja Mohadeen, participated in the hearing through video conference. He stated that the Respondent has not provided the requisite information as sought in the instant RTI Application.

The Respondent represented by Shri Subhash Chandra Aggarwal, Consultant, participated in the hearing through video conference. He stated that the Appellant in the instant RTI Application is seeking personal information of a third party and accordingly the CPIO vide letter dated 05.01.2022, has rightly denied the disclosure of information to the Appellant under Section 8 (1) (j) of the RTI Act.

A written submission has been received from CPIO, vide letter dated 08.03.2023, wherein the Commission has been apprised as under:

Decision:

Perusal of the submission sent by the Respondent reveals that the CPIO has furnished an appropriate reply to the Appellant, applying the relevant provision of law to deny third party information. The Commission further observes that the written submission dated 08.03.2023 sent by the Respondent has not been sent to the Appellant and accordingly the Commission deems it fit to direct the CPIO to send a copy of the written submissions along with all the relevant enclosures, to the Appellant, within 7 days from the date of receipt of this order and a compliance report of the same has to be sent to the Commission by 31.03.2023.

Considering the fact that there is no legal infirmity in the reply sent by the Respondent, no cause of action subsists in this case under the RTI Act for further adjudication. The appeal is disposed off accordingly.

Y. K. Sinha (वाई.

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 4 of 4