Copy of complete documents relating to issuance of passport of his minor daughter applied for by his wife was denied u/s 8(1)(j) - CIC: Provide the information if the appellant submits evidence establishing his relationship as stated with the minor child

ORDER

Facts

1. The appellant filed an application dated 17.05.2013 under the RTI Act seeking copy of complete documents relating to issuance of passport of his daughter applied by his wife. CPIO denied the information under section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act. Appellant filed first appeal with the first appellate authority (FAA) on 07.07.2013. FAA vide order dated 05.08.2013 upheld the decision of the CPIO. Appellant filed this present appeal on 13.09.2013.

Hearing

2. Appellant and respondent were present before the Commission.

3. Appellant referred to the RTI application and stated that he was seeking copy of complete documents relating to issuance of passport of his daughter applied for by his wife.

4. Appellant stated that he was the natural guardian of the child who was a minor. Appellant stated that he had not divorced his wife and also had filed a case for restitution of conjugal rights before the competent court and it was pending. Appellant stated that he had been deprived of contacting his daughter.

5. Appellant stated that his wife had applied for passport with the respondent organisation and the respondent organisation had already issued the passport. However, he was not third party as he was the natural guardian of the child. Appellant stated that information was denied by the respondent under section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act.

6. Respondent stated that the passport was issued based on the affidavit submitted by the mother of the child. Respondent stated that previously passport of a minor was issued based on the NOC given by both parents, however, the rules had been changed. As per the present practice passport of a minor can be issued based on the affidavit submitted by either of the parents.

7. Respondent stated that the information was denied under section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act.

8. It emerged from the hearing that the appellant and his wife had not divorced, hence, the appellant continued to be the natural guardian of the minor child.

Decision

9. Respondent is directed to make available to the appellant, within 30 days of this order, the information sought in the RTI application provided the appellant submits evidence establishing his relationship as stated with the minor child. The appeal is disposed of. Copy of decision be given free of cost to the parties.

(Vijai Sharma)

Information Commissioner

Citation: Shri Harihar Ravi Iyer v. Regional Passport Office, M/o External Affairs in Decision No.CIC/SM/A/2013/001358/VS/07669