Central Information Commission
Sameep Vijayvergiya vs Ministry Of External Affairs on 31 July, 2017
CENTRAL INFORMATION COMMISSION
2nd Floor, 'B' Wing, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi -110066
Tel : +91-11-26186535
Appeal No. CIC/KY/A/2016/001091
CIC/KY/A/2016/000497
Appellant: Mr. Sameep Vijayvergiya,
R/o. Flat No. 1301, 13th Floor,
Millenia Emerald Heights,
Ramaprastha Greens,
Sector-7, Vaishali Extension,
Ghaziabad, U.P.-201010
Respondent: Central Public Information Officer
RPO, M/o. E.A.,
CPV Division,
Patiala House Annexe,
Tilak Marg,
New Delhi-110001
Date of Hearing: 14.03.2017
Date of Decision: 14.03.2017
ORDER
Facts:
1. The appellant filed RTI application dated 14.07.2015 seeking certified and readable copy of passport manual.
2. The CPIO responded on 27.07.2015. The appellant filed first appeal dated nil with First Appellate Authority (FAA). The FAA responded on 23.10.2015. The appellant filed second appeal on 17.03.2016 before the Commission on the ground that information should be provided to him.1
Hearing:
3. Both the parties were personally present in the hearing. Mr. Deepak Sharma, APO/PU-I was also present in the hearing on behalf of respondent.
4. The Commission had earlier heard a similar matter bearing Appeal No. CIC/KY/A/2016/000497 which was listed before the Commission on 01.03.2017. The Commission vide its order dated 01.03.2017 directed the respondent to produce Passport Manual before the Commission on 14.03.2017 at 02:35 p.m.
5. The respondent had produced before the Commission the latest version of their 'Passport Manual' for perusal.
6. During the hearing, the respondent had pointed out certain chapters of the 'Passport Manual' and stated that these chapters are of sensitive nature which cannot be disclosed in public domain.
7. The Commission inquired from the respondent that whether the remaining chapters of the 'Passport Manual' can be disclosed by invoking Section 10 of the RTI Act. The respondent seeks time to take instructions from their concerned official on the same.
8. The appellant stated that getting a passport is a fundamental right of a citizen of India. Release of this manual would bring greater transparency and lead to smoother issue of passports.
Discussion/ observation:
9. The Commission is of the view that both the appeals of the appellant may be heard together.
10. The Commission is of the view that the respondent should file their written submissions that as to whether the information can be disclosed to the appellant by invoking Section 10 of the RTI Act.2
Decision:
11. The respondent is directed to comply with para No. 9 above, within 30 days from the date of receipt of this order.
12. The matter is adjourned and may be listed for further hearing after 30 days.
Copy of the order be given to the parties free of cost.
Sd/-
(Radha Krishna Mathur) Chief Information Commissioner Authenticated true copy Sd/-
(S.C. Sharma) Dy. Registrar 3 CENTRAL INFORMATION COMMISSION Appeal No. CIC/KY/A/2016/001091 CIC/KY/A/2016/000497 Adjunct order dated 16.06.2017 Facts:
1. The matter was earlier heard on 14.03.2017 and was adjourned for further hearing.
Hearing:
2. The appellant and the respondent participated in the hearing personally.
3. The appellant stated that hearing in the matter already taken place and respondent is to compliance the order of the Commission.
4. The respondent stated that they have complied with the order dated 14.03.2017 of the Commission and written submission has been sent to the Commission.
Observation/discussion:
5. The written submission is not placed on the file.
6. The Commission observed that the record (Passport Manual) should be shown to the Commission to enable it to reach on conclusion as to whether the information can be disclosed to the appellant by invoking Section 10 of the RTI Act.
Decision:
7. The respondent is directed to produce the 'Passport Manual' before the Commission on 04.07.2017 at 4:00 PM.
8. The matter is adjourned and may be listed for further hearing after 30 days.4
Copy of the order be given to the parties free of cost.
Sd/-
(Radha Krishna Mathur) Chief Information Commissioner Authenticated true copy Sd/-
(S.C. Sharma) Dy. Registrar Adjunct order dated 27.07.2017 Facts:
1. The matter was earlier heard on 16.06.2017 and was adjourned for further hearing.
2. On 04.07.2017, the respondent had produced before the Commission the latest version of their "Passport Manual" in compliance of order dated 16.06.2017.
Hearing:
3. The respondent was represented through counsel who was personally present in the hearing. The appellant was absent.
4. The written submissions dated 26.04.2017 of the respondent are taken on record.
5. The respondent stated that the matter has been examined in the Ministry and the Ministry is of the view that some of the chapters of the Passport Manual may be disclosed to the appellant after applying the doctrine of severability as enshrined in Section 10(1) of the RTI Act. The respondent stated that the Ministry is of the view that except the sensitive information which is barred from disclosure under various sub-sections of Section 8(1) of the RTI Act, the remaining chapters may be revealed in the public domain.5
Discussion/Observation:
6. The Commission observed that the respondent had suggested disclosure of Chapter nos. 1, 2, 8, 9, 10, 11, 13, 14, 17, 18, 27 and 30 of their latest version of the "Passport Manual". After going through the manual, the Commission is satisfied that the remaining chapters have material which may not be disclosed in the interest of relations with foreign states and for protecting the sovereignty of the Country, as covered under Section 8(1)(a) of the RTI Act.
Decision:
7. The respondent is directed to disclose the information as stated in para no. 6 above to the appellant, within 15 days of the receipt of this order.
8. The CPIO is advised to consider uploading of said chapters (as mentioned above) on their website for convenience of general public.
The appeals are disposed of. Copy of the order be given to the parties free of cost.
(Radha Krishna Mathur) Chief Information Commissioner Authenticated true copy (S.C. Sharma) Dy. Registrar Copy to:
Joint Secretary (PSP) & CPO.
CPV Division, Ministry of External Affairs Patiala House, Annexe, Tilak Marg, New Delhi- 110001.6