Central Information Commission
Smt.Hiral Vimalkumar Thakkar vs Rpo, Ahmedabad on 15 February, 2010
Central Information Commission
CIC/AD/A/2010/000069
Dated February 15, 2010
Name of the Applicant : Smt.Hiral Vimalkumar Thakkar
Name of the Public Authority : RPo, Ahmedabad
Background
1. The Applicant filed a RTI application dt.18.6.09 with the PIO, RPO, Ahmedabad seeking the photocopy of passport and copy of visa for UK with respect to Rajnikant Thakkar Vimalkumar. Shri G.A.Sane, APIO replied on 13.7.09 stating that unless the consent from Shri Rajnikant Vimalkumar Thakkar is received by his office the information about passport and the related documents cannot be shared as they are personal details, belonging to a third party and denied the information under Section 8(1)(j) of the RTI Act. Not satisfied with the reply, the Applicant filed an appeal dt.3.8.09 with the Appellate Authority stating that she is the legal wife of shri Rajnikant Vimalkumar Thakkar and that the PIO ought to have taken recourse to Section 11 of the RTI Act if the party has been considered as a third party. . Shri A.Manickam, Appellate Authority replied on 21.8.09 upholding the decision of the PIO . Being aggrieved with the reply, applicant filed a second appeal dt.19.11.09 before CIC reiterating her request for the information.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing forFebruary 15, 2010.
3. Shri P.Roy Chaudhary, Advocate represented the PIO of the Public Authority.
4. The Appellant was not present during the hearing.
Decision
5. The Commission after hearing the submission of the Respondent and noting that the PIO and Appellate Authority had refused the information as third party information, directs the PIO to use Section 11(1) of the RTI Act to invite a submission from the third party on whether the information can be disclosed or not . The third party to refer to the appropriate sub clause of Section 8(1) while explaining why information should not be disclosed in the event he does not want it to be disclosed and the PIO to take a decision based on the submission. The outcome to be intimated to the Appellant by 30 March, 2010. The address of the third party may be obtained from the Appellant herself as she had claimed the third party to be her husband.
6. The appeal is accordingly disposed of.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy Registrar Cc:
1. Ms.Hiral Vimalkumar Thakkar 'Jalaram Krupa' Street No.05 Satyam Park Amarnagar Road Jetpur Rajkot 360 370
2. The PIO Regional Passport Office Opp. L.D.Engg. Hostel Gulbai Tekra Ahmedabad 6
3. The Appellate Authority Ministry of External Affairs O/o Joint Secretary (CPV) Patiala House Annexe Tilak Marg New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC