Central Information Commission
Mr. Shahbaz Khan vs Ministry Of External Affairs on 20 June, 2013
Central Information Commission, New Delhi
File No.CIC/SM/A/2013/000063
Right to Information Act2005Under Section (19)
Date of hearing : 20/06/2013
Date of decision : 20/06/2013
Name of the Appellant : Sh. Shahwaz Khan,
S/o SH. Aftab Allam, Kailashpuri Lane No.
1, Ward No. 8, Devria Post & Distt Devria,
U P 274001
Name of the Public Authority : Central Public Information Officer,
Passport Office,
Ministry of External Affairs, Passport
Office Complex, (Behind RBI), Vipin
Khand, Gomati Nagar, Lucknow 226010
The Appellant was present.
On behalf of the Respondent, Shri P. Roy Chaudhuri, Advocate was
present.
Chief Information Commissioner : Shri Satyananda Mishra
2. We heard both the parties.
3. The Appellant had preferred an application for issue passport and had wanted to know why it had not been issued to him yet even after the police verification had been sent by the local police authorities. The CPIO had informed him that the police verification report was not complete and that his photograph had not been certified and, due to this, his application had been closed on 28 September 2012. Against this, the Appellant had preferred an appeal. The Appellate Authority had disposed of the appeal by directing the CIC/SM/A/2013/000063 CPIO to provide him with a copy of his own passport application along with all the relevant file noting. Following this, the CPIO had provided him with all these records.
4. During the hearing, the Appellant pointed out that from the records provided to him, he found that the police verification report had clearly certified his photograph and, therefore, he found the reply of the CPIO incorrect in this regard. Now that the passport application has been closed, we are not sure what action the passport authorities can take to revive that application. However, if it is true that the police verification report had clearly and affirmatively indicated the certification of the photograph, the claim of the CPIO to the contrary in his reply would be a serious mistake. In our opinion, therefore, it is necessary to go through the police verification report in this case and to find out if the reply of the CPIO was in conformity with the facts of that report. If the police verification report is found to be in order, the decision by the authorities to close his passport application on the basis of so called incomplete police verification report may have to be reviewed and appropriate action taken against those who had taken this wrongful decision.
5. Keeping the above in view, we would like to direct the Chief Passport Officer to enquire into this case and to find out if the information provided by the CPIO in regard to the certification of his photograph as per the police verification report is correct or not. His findings in this matter should be communicated to the Appellant within 20 working days of receiving this order. The CPIO is directed to place a copy of this order before the Chief Passport Officer.
6. The appeal is disposed off accordingly.
CIC/SM/A/2013/000063
7. Copies of this order be given free of cost to the parties.
(Satyananda Mishra) Chief Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla) Deputy Registrar CIC/SM/A/2013/000063