Central Information Commission
Krishan Kumar Bhujel vs Ministry Of Home Affairs on 23 July, 2025
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/MHOME/A/2024/123681
Shri Krishan Kumar Bhujel ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Ministry of Home Affairs ...प्रनतवािीगण /Respondent
Date of Hearing : 21.07.2025
Date of Decision : 21.07.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 18.03.2024
PIO replied on : 30.05.2024
First Appeal filed on : 27.04.2024
First Appellate Order on : 13.07.2024
2ndAppeal/complaint received on : 28.07.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 18.03.2024 seeking information on the following points:-
"This is to inform you that a letter dated 06.12.2023 on following subject addressed to the Secretary Ministry of Home Affairs Government of India New Delhi send through speed post vide tracking no. EW 426033792IN was delivered to your office on 09.12.2023 Subject: Inclusion of name in register maintained under Sikkim Subject Regulations 1961 in terms of Sikkim Citizenship Amendment Order 1989. In this regard I would like to request your good self to kindly arrange to provide details of action taken report with certified copies of file noting processed in your department and certified copies of above letter please."
The CPIO, Deputy Secretary (Admn.) vide letter dated 30.05.2024 replied as under:-
"Reply/Remarks:-As per information available, the letter dated 06.12.2023 was forwarded to JS(F-I) vide Diary No. 3037982. Hence the request has been physically forwarded to JS(F-I) vide O.M. No. A-43020/01/2024-RTI-I dated 21.03.2024, a copy of which has also been sent to the applicant by Speed Post."
"Please refer to your online RTI application bearing registration no. MHOME/R/E/24/01295 dated 18.03.2024 received on transfer from Deputy Secretary refer to your online RTI application bearing registration no. (Admn.) & Page 1 of 3 CPIO for providing information directly to you and to state that the matter is under consideration.
2. However, the State Government of Sikkim had informed earlier that after four decades post merger with the Indian Union, the State Government does not feel the necessity to repeat any exercise like the one done in 1989 under Sikkim (Citizenship) Amendment Order, 1989."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 27.04.2024. The FAA, vide order dated 13.07.2024 upheld the PIO's reply.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission dated 15.07.2025 has been received from the Appellant narrating as under:
Sikkim became a part of the Union of India w.e.f. 16/05/19758 and the Citizenship Act 1955 Government of India was extended and enforced in the state of Sikkim w.e.f. 16/ 05/1975. 9. As per Section 7 of Citizenship Act 1955, Sikkim Citizenship Order, 1975 was issued, according to which every person who was Sikkim Subject under Sikkim Subject Regulations, 1961 became a Citizen of India w.e.f. 26/4/1975. Since the names of the Appellant and his family were not included in the register maintained under Regulations 1961 in terms of Sikkim Citizenship Amendment Order, 1989, a letter dated 06.12.2023 was sent to the Secretary, MHA for inclusion of name in register maintained under Sikkim Subject Regulations 1961 in terms of Sikkim Citizenship Amendment Order 1989.
Hence the Appellant vide the instant case sought action taken report with respect to the letter dated 06.12.2023 and certified copies of file notings mentioned hereinabove.
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Present through video conference Respondent: Shri Ashutosh Anand - US, MHA was present during hearing. The Appellant contended that he is not satisfied with the reply sent by the Respondent so far and seeks action taken report with respect to the letter dated 06.12.2023 and certified copies of file notings with respect to the letter in question.
The Respondent has submitted a written submission dated 18.07.2025 stating that at the time when the RTI application was filed by the Appellant, since the matter was pending decision, hence the Appellant had informed accordingly. However, the matter pertaining to the representation dated 06.12.2023 has been decided on 28.05.2025 by a reasoned speaking order.
Decision:
At the very outset, the Commission notes that the Appellant had filed two second appeals (CIC/MHOME/A/2024/621181 and CIC/MHOME/A/2024/123188) on the same subject matter which had been decided recently vide order dated 02.06.2025.Page 2 of 3
Upon perusal of records of the instant case and after hearing averments of both parties, it is evident that reply sent by the PIO was appropriate at the relevant point of time. However, with the recent development of disposal of the representation dated 06.12.2023 vide order dated 28.05.2025, it is imperative that status report of the recent facts be sent to the Appellant.
Accordingly, the Respondent is directed to send a copy of the written submission dated 18.07.2025 with all the annexures as submitted before the Commission during hearing. The Respondent is further directed to send a copy of the file notings as mentioned in the RTI Application to Appellant, while ensuring that only generic information is which is not expressly exempt from disclosure under Section 8 and 9 is sent to the Appellant, after redacting the exempt information invoking Section 10 of the RTI Act. The Respondent shall send the written submission and generic part of the file notings within three weeks of receipt of this order and submit a compliance report in this regard before the Commission, within one week thereafter. In view of the foregoing facts, no further intervention is deemed necessary in this case, under the RTI Act.
The appeal is disposed off accordingly.
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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