Central Information Commission
Mr.G.P.Gupta vs Regional Passport Office, New Delhi on 20 April, 2009
Central Information Commission
CIC/AD/A/09/00244
Dated April 20, 2009
Name of the Applicant : Mr.G.P.Gupta
Name of the Public Authority : Regional Passport Office, New Delhi
Background
1. The Applicant filed an RTI application dt22.9.08 with the CPIO, RPO, New Delhi. He requested for the following information:
i) Action Taken Report against so called Mrs. Ashna Gupta who misused the passport No.A-8925621 of Late Shri Sanjay Gupta illegally trespassed at B-31472, Paschim Vihar, New Delhi - 63
ii) ATR on the recovery of passport being Central Govt. property
iii) ATR on offences & penalty against so called Mrs.Ashna Gupta under provisions of Passport Act & rules applicable.
iv) ATR on verification of true personal identity of so called Mrs. Ashna Gupta having a no. of passports, EPIC cards, PAN cards from Mumbai & Solan.
The CPIO replied on 13.10.08 denying the information u/s 8(1)(j) of the RTI Act. Not satisfied with this reply, the Applicant filed an appeal dt.10.11.08 with the Appellate Authority stating that he is the father of Mr.Sanjay Gupta who was allegedly murdered on 22/23.5.08 & complaint regarding loss of passport was lodged with RPO, New Delhi and SHO, PS. Rohini. He also added that the lost passport of late Mr.Sanjay Gupta was misused at MCD office. He prayed for initiating legal action against so called Mrs. Ashna Gupta u/s 12 offences & penalties of the Passports Act 1967 and recovery of lost passport. The Appellate Authority replied on 18.11.08 upholding the decision of the CPIO. Aggrieved with this reply, The Applicant filed a second appeal dt.3.2.09 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for April 20, 2009.
3. Mr. V. Mahalingam , RPO and CPIO and Mr. Jimmy Simon represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted that the Appellant has filed four RTI applications dated 22.9.08, 24.9.08, 21.10.08 and 24.10.08 informing about the misuse of his son's passport after his son has been allegedly murdered by his daughter-in-law. He pointed out that the Appellant has been continuously inquiring about the action taken against his daughter-in-law on the misuse of the deceased passport without actually stating how exactly the passport has been misused. He added that they had written three times to the Appellant requesting him to furnish details of the misuse of his son's passport by his daughter so that appropriate action could be taken . However no information was provided by the Appellant. They further stated that the passport office on receiving the request to initiated legal action under the provision of Passport Act and Rules against the fake widow of his late son Mr. Sanjay Gupta, checked the records and found that a clear police report has been received in case of Mr. Sanjay Gupta. According to the Respondent, the Passport Office is responsible for issuing passports after receiving clear verification report from the Police and after the passport has been issued, the Passport office can only initiate action on 'misuse' only after beinformed about the nature of misuse.
6. Since it is not clear what information is being sought by the Appellant and since the CPIO has already requested the Appellant to provide the exact nature of misuse of his son's passport such as forgery, issue of passport after his death etc. which will enable them to take appropriate action, there is no information to be provided to the Appellant.
7. Accordingly, the appeal is rejected.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Asst. Registrar Cc:
1. Mr.G.P.Gupta B-4/123, Sector-8 Rohini Delhi 110 085
2. Mr.V.Mahalingam The PIO & Regional Passport Officer Regional Passport Office Hudco Trikoot - 3 Bhikaji Cama Place R.K.puram New Delhi 110 066
3. Mr.A.Manickam The Appellate Authority & Joint Secretary (CPV) Ministry of External Affairs Patiala House Tilak Marg New Delhi
4. Officer in charge, NIC
5. Press E Group, CIC