Central Information Commission
Mr.K Thirumalaiyadni vs Ministry Of External Affairs on 18 June, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2012/001256/19286
Appeal No. CIC/SG/A/2012/001256
Relevant Facts emerging from the Appeal
Appellant : Mr. K Thirumalalyandi
No. 1(15/1), Sir C V Raman Street,
Sri Deviriagar West,
Kamarajnagar, Avadi,
Chennai --600071.
Respondent : PIO
Regional Passport Office, MEA 26, Haddows Road, Shastri Bhavan, Chennai -- 600006.
RTI application filed on : 24/10/2011 PIO replied : 19/12/2011 First appeal filed on : 05/12/2011 First Appellate Authority order : 04/01/2012 Second Appeal received on : 18/04/2012 Sl. Information Sought Reply of the PIO
1. I, K Thirumlaiyandi, Citizen of India, apply for information under the No information provided provisions of the Right to Information Act, 2005. My daughter Ms. T Shobiga Raghavi, had submitted an application dated 23.08.2010 at the District Passport Cell, Tiruvallur District Passport Cell, Tiruvallur for issue of passport. The application was scrutinized and after found complete in all respects a receipt bearing No TDC No. File No. Z 800836/10 dated 23.08.2010 was issued. Since, my daughter being minor, the following additional documents/evidences were attached along with the passport application;
(a) Minor affidavit in Rs.20/- non-judicial stamp paper by both the parents,
(b) Notarial Certificate from Notary Public,
(c) Declaration of parents in the prescribed format -annexure 'H'
2. The status in the website of the Regional Passport Office, Chennai No information provided showed that "Clear Police Report has been received. Your Passport will be despatched shortly".
3. Whereas, a letter dated 13-Jan-2011 from the Regional passport office No information provided Chennai has been received which reads as under:
'With reference to your application/letter dt.23/08 /2010 on the subject cited above we request you to furnish desired information/documents within One Month failing which, your application will be treated as closed Please furnish Fresh EARl form indicating the address(es) with duration where the applicant resided dunng the period of last one year Page 1 of 9 besides other details like present address, etc., All columns in the application may be filled giving specific replies. Column No 19 duly signed by either of the parents".
4. As desired, a fresh EAP (form duly filled and column No 19 duly No information provided signed by the parents was forwarded through registered post on 28.01.2011.
5. The above-mentioned registered post has been returned by the office of No information provided the Regional Passport Office, Chennai vide their letter No. F.No. MAS/APP/09/11 dated 10.08.2011 (without any authentication/without signature (not computer-generated document)) which reads as under:
"Sub: Return of application sent by Speed post fRegistered post/through courier - reg.
The procedure of acceptance of passport applications received by postlcourier has been dispensed with wef 01.10.2009. Hence the application for passport received by speed post? registered post/through courier is returned along with its enclosures including the demand draft with the request to submit the same in the nearest District Passport Cell? authorized post centers."
6. The demand draft stated to have been returned has not been found No information provided attached along with the above post.
7. As per the above letter, the applicant approached the District Passport No information provided Cell Trivellore, who refused to accept the same. Therefore, the applicant was put into lots of inconveniences, mental agony apart from loss of time, money, education etc.,
8. Having lapsed more than a year of submission of application for issue No information provided of passport along with all necessary documents along with the requisite amount for issue of passport, the passport is yet to be issued.
9. Please provide me reasons and certified copy of records containing The delay in issue of passport reasons for delay in attending to File No. Z 800836/10 dated to your minor daughter is that 23.08.10.Kindly also provide me the name and designation of officialthe signature of either of the who verified the application for issue of passport, original documents parent is not appended in and issued the receipt for having received the demand draft for issue of column no.19 (Declaration passport along with application for issue of passport. Please also column) of the application. As provide me the daily progress on the above mentioned file till your the application was submitted reply. Please provide me the names, designations and office addresses at District Passport Cell, of the officials with whom my daughter's application for issue of Thiruvallur, hence the original passport was lying during this period and date wise period with eachdocuments were verified by the official and action taken by him/her and daily progress made on thatchecking officials in the application till the date of your reply. District Passport Cell, Thiruvallur. As mentioned the file is kept pending only for want the requirement of either of the signature of the parent in the application. In this regard a letter Dt.1 311111 was sent to you for compliance.
10 Please also provide me file notings and action taken report on this Objection has been raised for . application along with your reply. requirement of either of the parent signature in column no.19 (decleration column) of the application.
Page 2 of 911 Kindly provide the status of the demand draft bearing No. 479959 dated The demand draft No. 479959 . 20.08.2010 for Rs.1000/- (Rs.One Thousand only). In case the amount Dt.201811 0 was deposited to has been realized, kindly provide me the date of realization, date on our official bank on 2719110 which taken into ledger account, etc., and copies of the same. and was realized on 12110110. 12 As per letter dated 13.01.2011 received from the Regional Passport In general for any declaration . Officer, Chennai, col.19 is to be signed by either of the parents. made by the minor in Whereas, neither, there are any information available in the instructions government documents either for filling up of application for issue of passport that the either of of the parent should parents should sign in Col.19, nor the same was insisted by the official countersign near the declaration
(s) at the time of submission of the application for issue of passport. made by the minor. It is This act is violation of fundamental rights guaranteed to the Citizens of mentioned in our instruction India by the Constitution of India. Therefore, kindly furnish the manual sec. (9) (3.4) (b) of Government of India notification which require the cal. 19 of the issue of passports to minors. passport application is to be signed either of the parents and reasons for The following are the extract"
not mentioning in the instructions for filling up of the application issued Both the parents should sign along with the application for issue of passport not insisted at the time Annexure-H of Appendix-I of submitting the application. though the form itself can be signed by either parent. In case either parent is resident abroad, the consent of that parent in Annexure 'H' duly attested by the Indian Mission! Post should be submitted. The parent who is submitting the application in India will sign the application form and will attach the Annexure-H duly attested by the Mission. If Annexure-H is not attested by the Mission, the parent in India must submit affidavit sworn before Magistrate(Annexure" G ).
It is to bring to your kind notice, that it is not our intention to keep your daughter application pending without any reasons. Because of the above requirement your daughter is kept pending.
13 If such notification is existing, kindly provide reasons under rule 4 (1) Please refer para 12. . (d) of the Right to the information Act 2005, for not mentioning in the instructions for filling up of the application for issue of passport the requirement that the col.19 should be signed by either of the parents and the reasons for non-insistence at the time of submission of application form, as I am an affected person. If the same is required under the Government of India notification, it is evident that the official who took the application had not done his/her duty. I want a copy of the letter showing what action has been taken against him/her for dereliction of duty.
14 I also want the progress of the file showing which official took what As mentioned earlier, your . action on which date, along with the file notings. daughter application is kept pending only for the objection Page 3 of 9 raised in the application. i.e., requirement of signature of either of the parent.
15 I want name and designation of official responsible for sending the As either of the parent's . communication dated on 13.01.2011 and 10.08.2011 and file noting for signature is required in minor issue of such letters with details of action taken against him for gross application hence a letter dereliction of duty. computer generated letter has been dispatched to you.
16 I want to know since the amount of Rs.1000/- was taken for issue of Again it is to mention here, that . passport and the passport has not been issued even after lapse of one the application is kept pending year; it is a clear case of deficiency in service and covered under the only for the signature from Consumer Protection Act 1986. Therefore, kindly provide information either of the parent and a letter as to whether a case can be flied against your public authority for Dt.1311111 has been generated deficiency in service under the said act. and sent to you. 17 As per para (7) (5) of the judgment dated 16.04.2009 of the Hon'ble Your daughter application is . High Court of Delhi at New Delhi in W.P. (C) 6661/2008 in Union of pending for want of the above India versus Central Information commission & others, a time limit of requirement as she is a minor. thirty days had to be broadly adhered to in issuing of passport Since, the Passport will be dispatched application for issue of passport was submitted on 23.08.2010 and more immediately as soon as we than one year has lapsed, please furnish the reasons. Please inform me, receive either of the parent's according to your rules or citizens' charter or any other order, number signature either by submitting of days in which such, a matter should have been dealt with and fresh eap (I) form or It may be resolved. Please also provide a copy of these rules. signed in the original application submitted.
18 Kindly provide information when the status in the website of the The status of application in . Regional Passport Office, Chennai showed that "Clear Police Report website is maintained by has been received. Your Passport will be dispatched shortly", the Informatics National Centre, reasons for issue of letter dated 13.01.2011 along with file noting for which is a separate organization issue of the said letter. working under the Ministry of Communications and Information Technology. The error If any in reflecting the current status is maintained by them. However, it is to inform that under the new system of issuance of passport in Passport Seva Kendra which was implemented recently, they don't have role in maintaining the web status. Further, in the new system this type of error will not occur. The incontinence caused is regretted.
19 I had emailed to the following officials to expedite issue of passport in is to inform that this office is . respect of my daughter in the email address available in the website - 1. facing acute shortage of man Regional Passport Officer, Chennai, 2. Grievances Officer in the office power as various staff have of the Regional Passport Office, Chennai 3. Chief Passport Officer at been distributed in the three Delhi. Kindly provide me the information about the number of emails Passport Seva Kendras under
received on file No. File No. Z 800836/10 dated 23.08.2010 and action the jurisdiction of this office in taken on the emails along with file notings. If no action has been taken, the existing man power as there kindly provide me the information on the proposed action to be taken is no other alternative. Hence, Page 4 of 9 against the officers who are supposed to take action on the emails, with the limited staff we are failed to take any action. functioning this office issue passport to the applicants without much delay and few staff have also been deployed to various sections depends upon the work load. Hence, there may be delay in replying to the emails. It Is again to Inform that this office has started functioning under the New system of Issuance of Passport though Passport Seva Kendra and such incontinence in display of status of application or delay in reply will not occur in the new system of issuance of passport. The inconvenience caused Is regretted.
20 Please understand that none of the exemption clauses of Section 8 (1) of Nil . the Act can be invoked.
21 Also, please read the provisions of Section 8 (2) carefully. A number of please refer point no.19. . Citizens routinely complain about gross and arbitrary lack of service by the passport office. Hence, it is public interest to be informed, whether the Passport office works on any norms and holds its officials accountable for deficiency in service, which inconveniences Citizens. 22 The CPIO is requested to note that the information has been generated Nil . by the Public Authority and/or available on their records and these documents are public documents.
23 The CPIO is also requested to note that there is no sub clause in sec 8 or Nil . 9 of the RTI Act, under which, a CPIO has the option of denying information, unless it serves a larger "public interest". The CPIO cannot deny the information requested for under section 8 or 9 as mandated in section 7.1 of the Right to the information Act,2005. I also append below extracts from Hon'ble CIC decisions:
"Through this order the commission now wants to send the message loud and clear that quoting provisions of section 8 of the RTI act ad libitum to deny the information requested for, by CPIOs/Appellate authorities without giving any justification or grounds as to how these provisions are applicable is simply unacceptable and clearly amounts to malafide denial of legitimate information attracting penalties under section 20 (1) of the Act -- CIC/OK/A/2006/00163 dated 07 July 2006"
24 I am willing to pay any additional charges as determined by the CPIO N/A . under Sec 7 (3), and communicated to me with a reasoned order, which includes detailed calculations, which have been used for demanding the extra amount to be charged.
25 Please mention my ref. no. in all your letters Otherwise, I will not be Yes it is mentioned in the . able to relate it to this application. Reference above. 26 Please provide me certified extract from service rules of relevant Your daughter application is . records, which provide for departmental action against employees of pending for want of the above your public authority for not complying with laws and rules, enacted by requirement as she is a minor.
Page 5 of 9the Parliament or State Assembly and not adhered to the time limit Passport will be dispatched mentioned in rules and are guilty of violating these rules. Please also immediately as soon as we provide me the details of action taken by the RO aging erring officials. receive either of the parent In case no action has been initiated for dereliction of duties against signature either by submitting erring officials, the reasons be made known to me. fresh eap (1) form or it may be signed in the original application submitted.
27 Please inform me name of the police station to which my daughter's The personal particulars form . application for passport was referred for police verification with were directly sent to the outward number, date of dispatch and date when reply was received by concerned Superintendent of you. Photocopy of letter addressed to police for verification and proof Police from the District of mailing be submitted to me. Passport Cell. In your daughter's application the police verification report has been received and updated on 11110110.
28 Please let me know when my daughter is likely to receive her passport. Passport will be dispatched
. immediately as soon as we
receive either of the parent's
signature. Either by submitting
fresh eap (1) form or it may be
signed in the original
application submitted.
29 Please inform me days taken by your office in issuing/renewing 75 calendar days.
. passports in last 25 applications excluding days required for police
verification.
30 Please inform me the numbers of complaints for delay in complaints were received
. issuing/renewing of passports were received against your office in last through fax, email, letters by
one year or last financial year. post, in person, etc.,
Irrespective of mode it was
considered for quick disposal of
passport if the application are
clear. In case of any defective
requirement in the application a
query letter generated through
computer were dispatched to
the complainant Due to
shortage of man power as very
large number of complaint
letters were received through
the above mode it was not
registered.
31 Please inform me date of last updating information under section 4.1.b It is updated periodically. As . (proactive disclosures) on your website with name, designation and mentioned updating of data in office address with email ID of officer responsible for updating this website are done by National information. Informatics Centre.
Director -- Technical,
National Informatics Centre,
CIo, Regional Passport Office,
Shastri Bhavan,
26, Haddows Road,
Nungambakkam, Chennai 600
Page 6 of 9
006.
32 Name, address, email ID, official mobile number and designation of Information not available.
. Transparency Officer if any appointed as per Hon'ble CIC vide order
no.
CIC/AT/D/10/000111 dated 15.11.2010. If not appointed reasons on record be intimated to me.
33 Please provide the present status of compliance with sections 4.1,a and Due importance were always . 4.1.c of RTI Act by your public authority. given in maintaining the records and better service to the public.
34 Please provide the name, address, email ID of Central Point created as Information not available. . directed vide OM No.1/32/2007-IR dated 14.11.2007 of DoPT.
Government of India, New Delhi 35 Redirecting this application to other CPIO wil amount to violation of Nil . (a) sub section 4 & 5 of section 5 of RTI Act (b) directives issued by Government of India, D0PT as contained in its notification No.1/14/2008-IA dated 28-07-2008 (c) Hon'ble CIC decisions No.10/1/2005/dC dated 25.02.2006 and ICPB/C1/CIC/2006 dated 06.03.2006. CPIO to whom the application is submitted is duty bound to collect information from any source within the public authority in the world and to supply to the applicant. Transfer of RTI application within public authority is against the provisions of RTI Act, 2005. 36 I state that the information sought does not fall within the restrictions The details of First Appellate . contained in Section 8 of the Act and to the best of my knowledge; it Authority is given below:
pertains to your office. If any of the information sought above does not Sh. Muktesh K.Pardeshi ,JS pertain to you, kindly forward it, under intimation to me, to the (PSP) & CPO, respective department under Section 6 (3) of RTI Act, 2005. Kindly Room No. 20, I floor, CPV also provide me the name, designation, telephone number, email ID Division, etc., of the appellate authority. Ministry of External Affairs, Patiala House Annexe, Thilag Marg, New Delhi 110 001. Fax No. 91-11-23782821 email Id: [email protected]
37 Please give a copy or print out of those portion of records, which N/A . contain the information sought. Where the no. of pages exceeds 20, please scan them and provide them on a CD. Please provide information to each point separately. No clubbing of points even if information is repeated.
38 On receipt of information under this application, I intend to carry out You may Inspect your . actual inspection of records at your office, with an assistant of my daughter's application form or choice. I may be permitted such inspection. its process on any working day during office hours after getting appointment through letter or in person.
39 Please find enclosed IPO No. 03F 509890 dated 24 Oct 2011 for Rs.10 Nil . (Rupees Ten only) towards application fee. Please also find enclosed IPO No.58G 407454 dated 24th Oct 2011 for Rs.50/- (Rupees Fifty only) towards cost of CD.
Since I do not know the name of the payee, the same are left blank Page 7 of 9 40 I want the information by Registered/Speed Post and will pay the Yes the information will be sent . charges, if any, for it. by speed post No need to pay any additional charges for it.
41 I add that an applicant under the RTI Act 2005 is also a consumer under Nil . the Consumer Protection Act 1986 as decided by the Hon'ble National ConsumerDisputes Redressal Commission, New Delhi on 28,0&2009 in Revision Petition No. 1975 of 2005 42 I also add that non-compliance of RTI Act 2005 amounts to breach of Nil . fundamental rights of citizens under article 19.1.a of Constitution of India It is again to inform that it is not our intention to retain your daughter's application without any reason only because of the above requirement your daughter's application was kept pending. Passport will be issued immediately after compliance.
Grounds for the First Appeal:
Incomplete and unsatisfactory information provided by the PIO.
Order of the First Appellate Authority (FAA):
The FAA stated - "I have examined the RTI application of the appellant. The CPIO is directed to send a suitable reply to the appellant within one week from the date of receipt of this Order. Let a copy of the RTI application of the appellant be forwarded to the CPIO along with this Order."
The appeal was disposed off.
Grounds for the Second Appeal:
Incomplete and unsatisfactory information provided by the PIO Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. K Thirumalalyandi on video conference from NIC-Chennai Studio; Respondent: Mr. P. Roychaudhuri, Advocate on behalf of PIO Passport Office Chennai;
The PIOP has given information to the Appellant, but the appellant is not satisfied. The PIO will provide information that is available on the record in the application file. The Commission feels that if an attested copy of entire application file is provided to the appellant he would have access to complete information in this regard. The appellant has a grievance that it has been stated that parents have to counter sign when a minor's application is made. The Appellant claims that this is not mentioned anywhere in the application form. The appellant will have to take up this matter at an appropriate forum. This Commission has not jurisdiction over this.
The appellant points out that the information has been provided after a period of 30 days.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the appellant before 15 July 2012.
The issue before the Commission is of not supplying the complete, required information by the PIO within 30 days as required by the law.Page 8 of 9
From the facts before the Commission it appears that the PIO is guilty of not furnishing complete information within the time specified under sub-section (1) of Section 7 as per the requirement of the RTI Act.
It appears that the PIO's actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to him, and he is directed give his reasons to the Commission to show cause why penalty should not be levied on him.
He will give his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1) before 20 July, 2012. He will also send the information sent to the appellant as per this decision and submit speed post receipt as proof of having sent the information to the appellant, along with the copy of the information.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 18 June 2012 (In any correspondence on this decision, mention the complete decision number.) (AP) Page 9 of 9