Can a passport can be issued with only mother’s name, if father’s whereabouts are not known? - The PIO had opened a ‘social audit cell’ where an applicant may audit his entire passport application - CIC: No intervention required for delay of two years
15 Dec, 2017
ORDER
Facts:
1. The appellant filed RTI application dated 6.1.2015 seeking information: whether her son’s passport can be issued with only mother’s name, if father’s whereabouts are not known and other related issues.
2. The appellant filed first appeal dated 16.3.2015 with First Appellate Authority (FAA). The response of CPIO and FAA is not on record. The appellant filed second appeal on 29.4.2015 before the Commission on the ground that information should be provided to her.
Hearing:
3. The respondent participated in the hearing through counsel in person. The appellant did not participate in the hearing.
4. The respondent stated that the CPIO vide letter dated 13.2.2017 had sent point-wise reply to the appellant in response to her RTI application dated 6.1.2015.
Discussion/ observation:
5. The Commission observed that there is a delay of more than two years in replying to the RTI application.
6. The Chief Passport Officer, Ministry of External Affairs will give to the Commission a list of CPIOs between 6.1.2015 to 12.2.2017 who were responsible for handling this RTI application.
Decision:
7. The respondent CPIO and other ex-CPIOs are directed to show-cause:
(a) the reasons for delay in sending the reply by each CPIO who held the charge during the above said period;
(b) why fine should not be imposed on the CPIOs.
8. The reply should be furnished within 3 weeks from the date of this order.
9. The respondent is directed to ensure service of this order on all concerned CPIOs and strict compliance of this order.
10. The Deputy Registrar is directed fix the case for hearing after 30 days when all concerned CPIOs may be personally present before the Commission in Delhi along with their replies.
Sd/-
(Radha Krishna Mathur)
Chief Information Commissioner
ADJUNCT ORDER DATED 27.06.2017
1. The instant matter was earlier heard on 21.02.2017. The matter is listed today for compliance of order dated 21.02.2017.
2. The respondent was represented through counsel who was personally present in the hearing. The appellant was absent.
3. During the hearing, the respondent apprised the Commission that the concerned CPIO in this case is Sh. K. Balamurugan, the then Regional Passport Officer (RPO) and CPIO. The respondent stated that he is an Indian Forest Service officer who was working on deputation in Passport office, Chennai as RPO. The respondent stated that Sh. K. Balamurugan is no more with the M/o. External Affairs.
Discussion/Observation:
The Commission observed that the Commission’s earlier order dated 21.02.2017 has not been complied with. It is further noted that the copy of the said order could not be served upon the concerned former CPIO as he had already left the M/o. External Affairs.
4. The Commission observed that CPIO who is responsible for this delay is Sh. K. Balamurugan, Regional Passport Officer and CPIO.
Decision:
5. The ex-CPIO i.e. Sh. K. Balamurugan former RPO and CPIO, Chennai is directed to comply with Commission’s earlier order dated 21.02.2017, within 30 days from the date of receipt of this order.
6. The Secretary, Ministry of Environment and Forests is directed to ensure service of this order on Sh. K. Balamurugan, an Indian Forest Service Officer, who was earlier CPIO, being RPO, Chennai. The Secretary is further directed to give proof of service to the Commission on or before the next date of hearing. He is further directed to ensure personal appearance of Sh. K. Balamurugan before the Commission.The Deputy Registrar is directed to fix the case for hearing on 01.09.2017 at 10:30 a.m. where Sh. K. Balamurugan former RPO and CPIO, Chennai is directed to be personally present before the Commission in Delhi.
Copy of the order be given to the parties free of cost.
Sd/-
(Radha Krishna Mathur)
Chief Information Commissioner
ADJUNCT ORDER DATED 01.09.2017
Facts:
1. The instant matter was earlier heard on 21.02.2017 and 27.06.2017. The matter is listed today for compliance of order dated 27.06.2017.
Hearing:
2. The appellant and the respondent did not participate in the hearing. Discussion/Observation:
3. The Commission observed that the Commission’s earlier order dated
21.02.2017, and 27.06.2017 has not been complied with.
Decision:
4. The Secretary, Ministry of Environment and Forests is directed to ensure service of this order on Sh. K. Balamurugan, an Indian Forest Service Officer, who was earlier CPIO, being RPO, Chennai. The Secretary is further directed to give proof of service to the Commission on or before the next date of hearing. He is further directed to ensure personal appearance of Sh. K. Balamurugan before the Commission.
5. The Deputy Registrar is directed to fix the case for hearing after 15 days of this order where Sh. K. Balamurugan former RPO and CPIO, Chennai is directed to be personally present before the Commission in Delhi.
Copy of the order be given to the parties free of cost.
Sd/-
(Radha Krishna Mathur)
Chief Information Commissioner
ADJUNCT ORDER DATED 11.10.2017
Facts:
1. The instant matter was earlier heard on 21.02.2017, 27.06.2017, The matter is listed today for compliance of Commission’s earlier orders.
Hearing:
2. Both the parties were absent.
Discussion/Observation:
3. Sh. Manoj Shrivastava, Deputy Secretary (Parliament/RTI) MoEF & CC vide his e-mail dated 06.10.2017 informed the Commission that Sh. K. Balamurugan, an Indian Forest Service Officer, who was earlier CPIO, being RPO, Chennai is attending a long term training programme at the University of Sheffield, UK. He further informed that Sh. K. Balamurugan will be returning to India by 15th October, 2017. He requested to schedule the matter after
15.10.2017.
Decision:
4. The Deputy Registrar is directed to fix the case for hearing after 15 days of this order where Sh. K. Balamurugan former RPO and CPIO, Chennai may be directed to be personally present before the Commission in Delhi.
Copy of the order be given to the parties free of cost.
Sd/-
(Radha Krishna Mathur)
Chief Information Commissioner
ADJUNCT ORDER DATED 16.11.2017
Facts:
1. The instant matter was earlier heard on 21.02.2017, 27.06.2017 and and 11.10.2017. The matter is listed today for compliance of Commission’s earlier orders.
Hearing:
2. The appellant did not participate in the hearing. Mr. P. Roy Chaudhary (Advocate) represented the respondent along with Mr. K. Balamurugan in person.
3. Mr. K Balamurugan stated that in spite of monitoring the RTI applications, the RTI application under consideration was not put up before him. As a result of which the reply was not sent on time. Further, he tendered his apology in response to the show notice issued to him.
13.2.2017 Mr. P. Roy Chaudhary stated that the then CPIO Mr. Balamurgan had opened a ‘social audit cell’ where an applicant may audit his/her entire passport application, file remarks, police reports etc. Further, he stated that they have furnished a point-wise reply to the appellant vide letter dated in response to her RTI application.
Discussion/Observation:
4. The action/steps taken by the respondent in giving reply in response to the RTI application is satisfactory. Further, the given show cause reply is also satisfactory.
5. The Commission observes that the respondent must put in place fool proof mechanism to ensure that such lapses do not occur in future.
Decision:
6. No further intervention of the Commission is required in the matter.
7. The show cause is dropped.
The appeal is disposed of. Copy of the order be given to the parties free of cost.
(Radha Krishna Mathur)
Chief Information Commissioner
Citation: Ms. Fathima Banu. R v. Regional Passport Office, Ministry of External Affairs in Appeal No. CIC/VS/A/2015/000944 Date of Decision: 21.02.2017