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code88

Information denied under Section-24(4)

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code88

I had asked for

1.Copy of my File no. XXXXXXXX of my passport No. XXXXXXXX.

2 The police verification report copy. for my passport No. XXXXXXXX

from MEA - Consular, Passport & Visa Division (CPV).

 

The reply was: Point-wise reply to your RTI letter:-

For Point 1 - Such information is saved in system and can be shown in person.

For Point 2 - Police Verification reports are exempted from disclosure under Section-24(4) of RTI Act, 2005.

 

What should I do next?

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Prasad GLN
Posted (edited)

First Appeal dt.20th May, 2020 under RTI Act.

 

Before: First Appellate Authority, Pass port officer,.....................

Against: CPIO, Passport officer,...........................

Appellant:

 

Brief Facts: Information was solicited through RTI Application dt......., and CPIO vide his letter dt........... has denied information for the reasons unknown in RTI Act.

Grounds for Appeal: "Deemed denial of information" as there was no such exemption/process stated in RTI Act as misquoted/misinterpreted by CPIO.

As per Sec.7 CPIO can only deny information: ...................or reject for any of the reasons specified in Section .8 and 9

Contrary to statutory stipulated clauses of exemption, without quoting such reasons or sections, CPIO has invented his own exemptions to deny information with malafide and deliberate reasons.  There is no confusion in Sec.7 and CPIO has taken the law into his hands to reject the request.  Hope that after nearly 15 years of enactment, and Sec.7 is the only section relevant to CPIO in RTI Act, CPIO has not applied his mind in providing information.

As an applicant that paid the consideration and fees, and as a citizen this applicant is entitled to seek information and such reasons for rejection of his passport application and has a right to know the facts on record as a victim/sufferer of a decision.

Further RTI Act stipulates the following:

Sec 7 - Sub section 9: "As information shall ordinarily be provided in the form in which it is sought unless it would dis proportionately  divert.....;---Applicant sought hard copy and information has to be provided in such hard copy duly certified  after printing from system and CPIO can charge prescribed copying fees of Rs.2 per page and CPIO can not demand for visit to his office for studying the system and such soft copy is not having evidential value.

The second rejection is some strange grounds of applying Sec.24.  This section is never heard for denial of information and as per Sec.7, information can be denied only under Sec.8 or Sec.9.

The sec.24 applies to those organisation specified in Second Secudule and  Police dept is not intelligence and security organisation spcified in the second schedule.  The organisation is exempted.  The custodian of such record is now PPO.  That record is not exempted under RTI, such organisation specified in Sec.24-second schedule are exempted.  CPIO exhibited his over smartness and can not differentiate between

an exempted organisation with that of exempted information.  An exempted organisation is not within ambit of RTI Act.   AN exempted information is subject to Sec.8 or Sec.9 exemptions.

The replies of CPIO disclose the most unfortunate status of implementation of RTI Act  even after 15 years in such offices like PPO 

PRAYER:  :Please direct CPIO to go through such section 7 and Sec.24 referred by him once again and take guidance from an expert and also direct him to provide the certified copies as expeditiously as possible free of cost.   Appellant prays FAA orders with such reasons and in the form of a speaking order giving clarification to CPIO.

 

Appellant.

 

 

Edited by Prasad GLN
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code88

Thanks a lot sir. I really appreciate your guidance.

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code88

The reply of my first Appeal is as follows:

2. I have examined the RTI application and the CPIO’s reply. CPIO is hereby directed to provide only the scanned copy of the application form and documents submitted with file no. CA01C5052834518 to the appellant. The appellant has to pay the requisite fee of total Rs. 10/- (Ten) in the form of Cash/IPO/DD to CPIO for getting the scanned copy of documents which consist of 05 pages (Rs. 2/- per page). However, appellant’s request of providing Police Report cannot be entertained since the ‘Confidential’ Police Verification report is exempted to be disclosed as it attracts Section-24(1) of RTI Act, 2005.

3. With these remarks, the appeal is disposed off.
 

The police verification report is still not being furnished. 

Does the file only contains only my application, is this a misinformation or denial of information.

Is it a correct reply by faa?

Edited by code88

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Prasad GLN

Go for second appeal to CIC after making changes (deleting some paras in First appeal).

File another RTI Application seeking information from Supdt of Police seeking certified copy of police report.

Issue a notice under CP Act to Passport officer demanding to inform the reasons for denial of such PP and copy of police report.

If PPO fails file a consumer complaint in DIstrict forum for deficiency of services as you have paid consideration and have the right to know the what was reported against you. The costs may not be more than Rs.500/- if you appear as party in person..

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