Central Information Commission
Mr.Amit Bhargava vs Ministry Of Home Affairs on 9 July, 2013
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/003821
July 9, 2013
Appellant : Shri Amit Bhargava
Respondents : Bureau of Immigration, New Delhi
Date of Hearing : 09.07.2013
INTERIM ORDER
The present appeal filed by Shri Amit Bhargava against Bureau of Immigration, New Delhi was taken up for hearing on 09.07.2013 when the Respondents were present through Shri Surinder Singh, DCIO/IMM. The Appellant was not present He, however, had made a request for adjournment of hearing.
2. The Appellant filed his RTI application dated 14.04.2012 with the CPIO, Ministry of Home Affairs, New Delhi seeing information against 8 points regarding review/extension of visa of one American national (Mr. Peter Heehs) CIC/SS/A/2012/003821 Page 1 of 5 2
3. The CPIO, Ministry of Home Affairs, New Delhi vide his letter dated 25.04.2012 transferred this application to the CPIO, Bureau of Immigration, New Delhi u/s 6(3) of the RTI Act.
4. The CPIO, Bureau of Immigration accordingly replied to the Appellant's RTI application vide his letter dated 28.05.2012 informing the Appellant that "as per provisions of the RTI Act, 2005, Chapter VI, Section 24 (1) and Second Schedule, the Bureau of Immigration/Intelligence Bureau is exempted from providing any information/details on the subject. Hence, it is regretted that the information sought cannot be provided."
5. The Appellant, being aggrieved by the CPIO's reply, filed his first appeal before the Appellate Authority on 14.06.2012 which the Appellate Authority decided vide his order dated 19.07.2012. In his order, the Appellate Authority, while recording that there is no involvement of corruption or human rights violation on the part of BoI/IB on the issues raised by the Appellant, endorsed the CPIO's reply.
6. The Appellant thereafter filed the present appeal before the Commission challenging the order of the Appellate Authority.
7. During the hearing, the Respondents states that once a person comes to India on a visa and he/she would like to extend his/her stay in India, the extension in such case is granted by the Ministry of Home Affairs.
8. On consideration of the submission above and on perusal of records, the Commission observes that though the information sought by the Appellant in his instant RTI application largely pertains to the Ministry of Home Affairs--with whom it was originally filed--, the CPIO, Ministry of Home Affairs had transferred the whole RTI application to the CPIO, Bureau of Immigration.
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9. The CPIO, Foreigners Division, Ministry of Home Affairs is, therefore, hereby directed to appear before the Commission on 27th August, 2013 at 01:00 p.m. at court room No. 305 along with a written explanation as to why he transferred the whole RTI application of the Appellant to the CPIO, Bureau of Immigration while the information sought therein mostly held or under the control of the Ministry of Home Affairs.
10. The present Respondents viz., Bureau of Immigration shall also ensure their presence on the said date of hearing.
(Sushma Singh) Information Commissioner Authenticated by (D.C. Singh) Deputy Registrar CIC/SS/A/2012/003821 Page 3 of 5 4 Address to the parties:
1. Shri Amit Bhargava B5/44, Azad Apartments Sri Aurobindo Marg New Delhi 110016
2. The Central Public Information Officer (RTI) & Dy. Director Bureau of Immigration Level 5, East Block8 R.K. Puram New Delhi 110066
3. The Appellate Authority (RTI) & Addl. Director Bureau of Immigration Level 5, East Block8 R.K. Puram New Delhi 110066
4. The Central Public Information Officer (RTI) & Deputy Secretary (F) Ministry of Home Affairs Foreigners Division (Foreigners -II Sec.) NDCC -II Bhawan B Wing, 4th Floor Jai Singh Road New Delhi 110001
5. The Appellate Authority (RTI) & Joint Secretary Ministry of Home Affairs Foreigners Division (Foreigners -II Sec.) NDCC -II Bhawan B Wing, 4th Floor Jai Singh Road New Delhi 110001 4 CIC/SS/A/2012/003821 Page 5 of 5