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  1. #1
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    C J Karira
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    Important CIC decision regarding Passports


    This is a typical case faced by many members of the forum.

    Applicant applied for passports of self, spouse and son in December 2006.
    In March 2007, website said that Passports will be dispatched in April 2007.
    In July 2007, the website asked the applicant to submit two signatures on a blank paper.
    The applicant filed a RTI application in July 2007.
    Passports were not received till date.

    Full order of the CIC is attached.


    › Find content similar to: Important CIC decision regarding Passports


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  2. #2
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    Re: Important CIC decision regarding Passports


    We have filed an RTI application about payment of the penalty as imposed on the PIO, and off late we have came to know that this case has been taken to High court, so we are preparing another application to ascertain wheather any W.P. filled at HIGH COURT, who will bear the cost, since for the default of PIO public exchequer should not be made to suffer.

  3. #3
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    Re: Important CIC decision regarding Passports


    Bimal,

    There is a saying in Hindi:

    "Kuan ki mitti, Kuan mein hi girti hai"

    I can ssure you that:

    1. The PA pays for the legal services to the PIO
    2. The PA pays for the cost of WP
    3. The PA pays TA/DA to the PIO to attend court
    4. The PA also condones the absence of the PIO on court hearing days
    (salary is not deducted for absence or he does not have to take leave)

    Our member colnrkurup went till the "end" to find this out !

    Please read the full thread:

    http://www.rtiindia.org/forum/4424-s...under-2-f.html

    =================

    There are also rumours doing the rounds (I do not have any proof or evidence for it) that "Show Cause Notices" or "Penalty Notices" are never reaching "some" of the PIO's (or the PA's) because they never leave the SIC/CIC registry (they get "lost in transit" in the office) !

  4. #4
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    Re: Important CIC decision regarding Passports



    Here is the subsequent order (follow up order) in this case dated 31 July 2008.

    Then Mr Bimal Khemani filed another RTI Application with the same Passport office seeking information whether the compensation amount had been paid to the appellant, etc...

    IC AD passed an order on 19 Feb 2009 and it is also attached to this post.

    The RPO went to Delhi High Court to get a stay.

    The High Court increased the compensation (it is incorrectly reported as "fine" in the news report) from Rs. 5,000.00 to Rs. 50,000.00

    It should be noted that this Public Authority - Ghaziabad Passport Office, has been regularly chastised by the CIC.
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    Last edited by karira; 16-04-09 at 10:57 PM.
    Twitter: @cjkarira

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    Re: Important CIC decision regarding Passports


    As reported in thaindian.com on 16 April 2009:
    Passport office fined Rs.50,000 for delay

    Passport office fined Rs.50,000 for delay

    New Delhi, April 16 (IANS) The Delhi High Court Thursday pulled up a passport office for delay in delivering the passport to an applicant and slapped a fine of Rs.50,000 on it.

    The high court was hearing an appeal by the Regional Passport Office, Ghaziabad, challenging a Central Information Commission (CIC) order slapping a fine of Rs.5,000 on it.

    Ajay Kumar Jain, a resident of Aligarh, had applied for his passport along with his wife and a child in 2006. He did not get the passport even after seven months and checked the status of his application on the official website which stated that his passport would be sent in the first week of April 2007.

    Jain again checked the status on the website in July 2007 and he was told he had not given two specimen signatures, which he should send with attestation by a gazetted officer.

    He then filed an application under the Right to Information Act in 2007, which did not reveal much details on why his passport was unnecessary delayed.

    Jain then approached the CIC that directed the passport office to issue him the passport in a week and also slapped a fine of Rs.5,000 on the passport office.

    The passport office challenged the order in the high court.

    Justice Ravinder Bhatt Thursday held the passport office guilty of deficiency in service and of giving wrong information to the applicant, and increased the amount of fine from Rs.5,000 to Rs.50,000.
    Twitter: @cjkarira

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    Re: Important CIC decision regarding Passports


    I have also filed the following complaint with CIC about providing wrong information to me against the decision . This is for information to all the members.


    COMPLAINT, Before THE CENTRAL INFORMATION COMMISSION, NEW DELHI

    Decision No. SA/UG/09/F1007163B dated February 19, 2009

    Name of the Applicant : Bimal Kumar Khemani,

    Name of the Public Authority: Regional Passport Office, Ghaziabad

    The applicant most respectfully states that The Public Authority as above has sent information GZB/RTI/413/2008 dt. 09-03-09 , which is not proper.

    The applicant sought information from The PIO Sri R.N.Kajla, Under Secretary, Ministry of external affairs quoting the decision no. CIC/OK/A/2008/00001 dt. 31-07-08, about the compensation money of Rs.5000/- as levied on the PIO Sri A.K.Sengar, RPO and PIO and Mr. R.N.Rai DPO, the respondents on their personal capacity. The applicant wanted the copy of relevant rules and the PIO sent us the copy of DISCIPLINE RULES in place of CONDUCT RULES.

    The appellant further pray for initiating action against the PIO and FAA of the Public Authority u/s.18(3), issue summons to produce all the records before the Hon’ble commission and also impose penalty u/s.20 of RTI Act.

    The commission be further pleased to order compensation to be paid by the above Public Authority to your appellant for the expenses borne .


    APPELLANT



    Dated the 15 th April, 2009 Bimal Kumar Khemani,
    BIMAL KUMAR KHEMANI
    a CONSUMER and RTI activist
    ALIGARH, U.P.
    ****************************
    Officially Certified A Grade by DoPT

    ****************************

  7. #7
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    Re: Important CIC decision regarding Passports


    Quote Originally Posted by karira View Post
    As reported in thaindian.com on 16 April 2009:
    Passport office fined Rs.50,000 for delay

    Passport office fined Rs.50,000 for delay

    New Delhi, April 16 (IANS) The Delhi High Court Thursday pulled up a passport office for delay in delivering the passport to an applicant and slapped a fine of Rs.50,000 on it.

    The high court was hearing an appeal by the Regional Passport Office, Ghaziabad, challenging a Central Information Commission (CIC) order slapping a fine of Rs.5,000 on it.

    Ajay Kumar Jain, a resident of Aligarh, had applied for his passport along with his wife and a child in 2006. He did not get the passport even after seven months and checked the status of his application on the official website which stated that his passport would be sent in the first week of April 2007.

    Jain again checked the status on the website in July 2007 and he was told he had not given two specimen signatures, which he should send with attestation by a gazetted officer.

    He then filed an application under the Right to Information Act in 2007, which did not reveal much details on why his passport was unnecessary delayed.

    Jain then approached the CIC that directed the passport office to issue him the passport in a week and also slapped a fine of Rs.5,000 on the passport office.

    The passport office challenged the order in the high court.

    Justice Ravinder Bhatt Thursday held the passport office guilty of deficiency in service and of giving wrong information to the applicant, and increased the amount of fine from Rs.5,000 to Rs.50,000.
    I am uploading judgment of Hon'ble Justice Ravinder Bhatt here!!!!!!!!!
    Attached Files Attached Files

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    Re: Important CIC decision regarding Passports


    Quote Originally Posted by raju-007 View Post
    I am uploading judgment of Hon'ble Justice Ravinder Bhatt here!!!!!!!!!
    Dear Friends,
    I am going to ask the
    inistry of Foreign affairs about this judgement and the action taken on PIO as per the Service conditions rules.
    Kindly help me in providing the relavent section of the Service conditions rules. as framed by DOPT/Govt. of India.
    BIMAL KUMAR KHEMANI
    a CONSUMER and RTI activist
    ALIGARH, U.P.
    ****************************
    Officially Certified A Grade by DoPT

    ****************************

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