JUDGMENT :

[Prathiba M. Singh, J.]

1. This hearing has been done through hybrid mode.

2. The present writ petition has been filed by Ministry of External Affairs (‘MEA’) through Regional Passport Office, Delhi challenging the impugned order dated 10th June, 2020 passed by the Central Information Commission (CIC) by which the information sought by the Respondent (‘RTI Applicant’) about her husband’s passport was directed to be disclosed. The operative portion of the order reads as under:

“Keeping in view the facts of the case and the submissions made by both the parties and in the light of the decisions cited above, as also respecting the spirit enunciated by the superior Courts and maintaining consistency, the Commission while setting aside the decision of the CPIO/FAA instructs the Respondent (CPIO) to furnish the information as available on record to the Appellant within a period of 30 days from the date of receipt of this order depending upon the condition for containment of the Corona Virus Pandemic in the Country or through email.

The Appeal stands disposed accordingly.”

3. The RTI Applicant, who is the wife of Shri Suresh Pandey, sought disclosure of the following information about her husband’s passport under the Right to Information Act, 2005 (RTI) from Central Public Inforamtion Officer (CPIO), Regional Passport Office (RPO), Hudco Trikoot-III, Bhikaji Cama Place, R.K. Puram.

“1. Kindly provide me the details of the certified copies of all documents of passport file including marriage certificate and application form as submitted in passport office of Mr. Suresh Pandey, son of Mr. Kapil Deo Pandey, date of birth 25.10.1975 Address: House/Flat No.-100-S, Sector 7 Jasola Vihar New Delhi 110025. His Passport number is M0967563,

2. Kindly provide the certified copies of the visa issued for Mr. Suresh Pandey for his abroad tours for the period of January 2014 to January 2018 (if any).

3. Has he declared his wife and children in his family details ot the passport while getting it re-issued on 11-08-2014 with File number DL1077981144014 when under the rules applicable that time, providing marital status and wife’s name was mandatory?”

4. The application requesting for the said information was rejected by the CPIO on the ground that the same was exempted under Section 8(1)(j) of the RTI Act, 2005. Insofar as serial no. 2 is concerned, the CPIO has referred the RTI Applicant to approach the concerned Visa issuing authority, given that the Regional Passport Office was only dealing with cases involving Passports.

5. An appeal dated 13th February, 2018 was filed by the RTI Applicant under Section 19(1) of the RTI Act, 2005 and the same was rejected vide order dated 27th February, 2018 by the First Appellate Authority.

6. Finally, the matter reached the CIC, when the RTI Applicant filed a second appeal dated 26th September, 2018, under Section 19(3) of the RTI Act, 2005. In the decision dated 10th June, 2020 in the said appeal, CIC directed the CPIO that the information, which was sought would be liable to be disclosed within a period of 30 days. The operative portion of the decision of the CIC reads as:

“Keeping in view the facts of the case and the submissions made by both the parties and in the light of the decisions cited above, as also respecting the spirit enunciated by the superior Courts and maintaining consistency, the Commission while setting aside the decision of the CPIO/FAA instructs the Respondent (CPIO) to furnish the information as available on record to the Appellant within a period of 30 days from the date of receipt of this order depending upon the condition for containment of the Corona Virus Pandemic in the Country or through email.

The Appeal stands disposed accordingly.”

7. Ld. Counsel appearing for the Petitioner- MEA submits that the information related to any person’s passport is protected under Section 8(1)(j) of the Act. He submits that in order to protect the privacy of the individual concerned as a