Central Information Commission
Mr.Kamal Kishor vs Regional Passport Office, New Delhi on 24 March, 2009
Central Information Commission
CIC/AD/A/09/00166
Dated March 24, 2009
Name of the Applicant : Mr.Kamal Kishor
Name of the Public Authority : Regional Passport Office, New Delhi
Background
1. The Applicant filed an RTI application dt.3.9.08 with the CPIO, RPO, New Delhi. He wanted to know the Caste/Surname mentioned by Shri Rajesh Chawla in the records of Passport Office. The CPIO replied on 23.9.08 denying the information u/s 8(1)(j) of the RTI Act. The Applicant filed an appeal dt.14.10.08 with the Appellate Authority. In his appeal, he stated that name/surname/caste is not personal to any Indian passport holder as any citizen is known by his name/surname/caste to other citizens of a country. He also brought to the attention of the First Appellate Authority that CIC in its decision No.CIC/OK/A/2006/00109 & CIC/OK/A/2006/00159 dt.5.10.06 has already observed that names and castes does not attract the provisions of Section 8(1)(j). The Appellate Authority replied on 24.10.08 upholding the decision of the CPIO. Aggrieved with the first Appellate Authority's reply, the Applicant filed his second appeal on 9.1.09 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for March 24, 2009.
3. The Public Authority was absent at the hearing.
4. The Applicant was present during the hearing.
Decision
7. The Appellant submitted that the present case is a continuation of two cases which have been heard by the Commission earlier ( bearing File Nos. CIC/MA/A/2008/01391 and CIC/MA/A/2008/01392). In the decision given with regard to the two cases on 21.11.08, the Commission has ordered the CPIO, Airport Authority of India to indicate the action taken in respect of verification of the concerned official's certificate from the issuing authority of the caste certificate. The Commission in its earlier order also observed that the concerned official, (Mr. Rajesh Chawla and Brother- in- law of the Appellant as explained by the Appellant during the present hearing ), has violated the conduct rules and that appropriate action should be initiated to discourage persons from misusing the reservation policy. The Commission accordingly, directed the CPIO to disclose and furnish a copy of the caste certificate submitted by Mr. Chawla, the same individual whose caste/surname is being sought by the Appellant in this present RTI application.
8. During the hearing, the Applicant stated that he has received the certified copy of the caste certificate of Mr. Chawla from the CPIO, Airport Authority of India in compliance with the earlier order of the Commission. He added that the caste certificate indicates Mr. Chawla's caste as "Darji". It was the Appellant's contention (the Applicant provided an extract from "People of India, Volume 37 by Mr. K.S. Singh" to prove his point) that the surname Chawla is not synonymous of the Darji community and, therefore, in the certificate wrong information has been furnished by Mr. Chawla about his caste. The Appellant further contended that the Chawla community is synonymous with Arora community of traders of South-western part of the Punjab( he provided evidence to this effect from Volume 20 of the Peoples of India book published by ASI and written by Mr. K.S. Singh). Based on this argument, the Appellant insisted that wrong information has been furnished by Mr. Chawla regarding his caste for misuse of the reservation policy and prayed for release of information regarding the caste/surname mentioned by Mr. Chawla in the records of the Passport office. While requesting for the information, the Appellant also brought to the notice of the Commission that in his second appeal he had inadvertently provided the wrong date of birth of Mr. Rajesh Chawla as 10.8.72 whereas it is 8.10.72.
9. In this connection, the Commission would like to quote from the earlier decision of CIC dt. 21.11.08, which is as follows: "Umpteen numbers of cases are reported about the misuse of the reservation policy. The Applicant's allegation that the official in question has submitted a false caste certificate has not been denied by the CPIO, who stated that necessary steps have been taken to verify the genuineness of the certificate"...............the decision further says , "the matter relating to the claim of entitlement under reservation policy and submission of OBC caste certificate is indeed a matter of larger public interest"..............
10. In the light of the CIC decision given above, and also being convinced that larger public interest warrants disclosure of this information, the Commission directs the CPIO, RPO, Delhi to provide the information sought by the Appellant by 10 April 2009.
11. The appeal is disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(K.G.Nair) Designated Officer Cc:
1. Mr.Kamal Kishor 19/1, Ashok Nagar (Front Side) Behind P.S.Tilak Nagar New Delhi 110 001
2. The CPIO Regional Passport Office Hudco Trikoot-3 Bhikaji Cama Place R.K.Puram New Delhi 110 066
3. The Appellate Authority & Joint Secretary (CPV) Ministry of External Affairs Patiala House New Delhi 110 001
4. Officer in charge, NIC