Central Information Commission
Mr.Ravi Dutta vs Ministry Of External Affairs on 1 December, 2010
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2010/001492
Date (s) of Hearing: December 1 , 2010
Date of Decision : December 1 , 2010
Parties:
Applicant
Shri Ravi Dutta
S/o Colonel Param Jit Singh (Retd.),
#938, Saraswati Vihar,
Mehrauli Road,
Gurgaon122002
Represented by: Colonel Param Jit Singh (Retired)
Respondent(s)
The Public Information Officer
Ministry of External Affairs,
Passport Office, Vikas Jyoti Commercial Complex,
II & III Floor, BDA Building,
Priyadarshini,
Bareilly
Represented by : Shri P. Roychaudhuri, Advocate.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
After hearing both sides and having noted that no other information as defined under Section 2(t)
of the RTI Act is being sought in the RTI application by the Appellant except for the Enquiry
Report, the undersigned, with the powers vested in her u/s 18 (2) of the RTI Act, directs the PIO
to enquire into the matter of the two passports issued to Mrs Dhodi with different dates of birth
and to furnish the Enquiry Report to the Appellant along with information on action taken based
on the outcome of the enquiry, under intimation to the Commission.
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2010/001492
Background
1. The Applicant filed his RTI application with the CPIO, CPV Division, Delhi seeking information about passport of one Mrs. Kiran Kanta Dhodi including her actual date of birth as per the records in the passport office, and the name of designation of the officer who was going to look into his complaint in his RTI application etc. The Applicant stated that he has proof with him provided by the MCD Dehradun that both the date of births shown by Mrs. Dhodi in her two passports issued to her on 27.5.66 and 27.6.63 do not exist in the birth register maintained by the MCD . He further stated that Ms. Dhodi has been using the documents for traveling abroad and that he, therefore, wants to know the circumstances under which all the individual is allowed to change the date of birth as also what documents are required to support this change of date of birth. The PIO replied on 26.7.2010 denying the information u/s 8 (1) (j) of the RTI Act. Being aggrieved with this reply the Applicant filed his first appeal on 11.6.2010 once again seeking the information. The Appellate Authority in his reply dated 9.7.2010 directed the CPIO Passport Office Delhi and Bareilly to ensure that a suitable reply is sent to the Applicant within 15 days of receipt of his order. Not satisfied with this reply, the Applicant filed his second appeal before the Commission dated Nil which was registered by the Commission on 26.8.2010 stating that his wife Mrs Kiran Kanta/ Kiran Kanta Dhodi D/o Sh. Makhan Lal/ MakhanLal Dhodi who had made a valid Passport from different RPO by varying name and date of birth during the period of validity of earlier obtained passport, and she had done this to con him into marrying her and to prove herself to be of lesser age. Thus she not only had cheated the Passport Authorities but had also cheated him (the Applicant). The Applicant further sated that after marriage she had filed various criminal cases against him and his old parents, with a view to extort money from them. Decision
2. The Commission observed that the Appellant had sought information on action taken on a complaint filed by his father with the FS, CPV Division and that he had not sought any information available in the records and that he is seeking the opinion of the PIO on various issues related to the issuance of passport to Mrs. Dhodi. The Respondent submitted that since information belongs to a third party, the submission of the third party i.e. Ms. Dhodi was invited. The third party had denied disclosure of information to the Appellant and hence information was denied u/s 8 (1) (j) of the RTI Act. The Appellant's representative on his part informed the Commission that all that he requires is information on the action taken by the Passport Officer after his complaint had been forwarded to the concerned CPV Division as stated by the CPIO in his letter No. VRTI/551/603/091 and that he requires no other information.
3. After hearing both sides and having noted that no other information as defined under Section 2(f) of the RTI Act is being sought in the RTI application by the Appellant except for the Enquiry Report, the undersigned, with the powers vested in her u/s 18 (2) of the RTI Act, directs the PIO to enquire into the matter of the two passports issued to Mrs Dhodi with different dates of birth and to furnish the Enquiry Report to the Appellant along with information on action taken based on the outcome of the enquiry, under intimation to the Commission within 45 days of receipt of this order.
4. The appeal is accordingly disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar Cc:
1. Shri Ravi Dutta S/o Colonel Param Jit Singh (Retd.), #938, Saraswati Vihar, Mehrauli Road, Gurgaon122002
2. The Public Information Officer Ministry of External Affairs, Passport Office, Vikas Jyoti Commercial Complex, II & III Floor, BDA Building, Priyadarshini, Bareilly
3. Officer Incharge, NIC