Central Information Commission
Mrvijay Prakash Gupta vs Planning Commission on 28 October, 2014
Central Information Commission, New Delhi
File No. CIC/SS/A/2013/002945/SH and
CIC/SH/A/2013/000004
Right to Information Act2005Under Section (19)
Date of hearing : 28th October 2014
Date of decision : 28th October 2014
Name of the Appellant : Shri Vijay Prakash Gupta,
59/1, 3rd Floor, I st 'N' Block, Rajajinagar,
Bangalore 560 010 Karnataka
Name of the Public : Central Public Information Officer,
Authority/Respondent Unique Identification Authority of India,
TC/46V, 3rd Floor, Vibhuti Khand, Gomti Nagar, Lucknow 226 010 The Appellant was present at the NIC Studio, Bangalore. On behalf of the Respondents, Shri Sunil Kumar Pandey, Deputy Director (CPIO) was present at the NIC Studio, Lucknow.
Information Commissioner : Shri Sharat Sabharwal Both these files contain second appeals regarding the RTI application dated 22.8.2013, filed by the Appellant, seeking information whether his wife had enrolled with AADHAAR under UIDAI, the date and location at which she enrolled with AADHAAR and her AADHAAR enrolment number. The CPIO responded on 3.9.2013 and denied the information under Section 8 (1) (j) of the RTI Act. In his order dated 10.10.2013, disposing of the first appeal dated 16.9.2013 of the Appellant, the FAA upheld the decision of the CPIO. Not satisfied with the response of the Respondents, the Appellant filed second appeal dated 7.11.2013 to the CIC, which was received by the Commission on 11.11.2013.
2. We heard the submissions of the Appellant and the Respondents. The Respondents stated that as per their disclosure policy, the information sought by the Appellant cannot be provided to him. They further submitted that since this information pertains to a third party, it was denied to the Appellant under Section 8 (1) (j) of the RTI Act.
3. The Appellant stated that he did not seek information regarding the biometric data of his wife, but only regarding her AADHAAR number and where she had enrolled etc. He alleged that his wife has obtained two PAN cards and is thus abusing the law and that she might be doing the same in respect of the AADHAAR card too. The Appellant cited the CIC decision No. CIC/SG/A/2012/000879/18681 dated 1.5.2012, in which the Commission had ordered disclosure of information concerning the passport of a person to a third party RTI applicant.
4. We have considered the records and the submissions made by both the parties before us. In the context of the Appellant quoting the above mentioned decision dated 1.5.2012 of the Commission and pleading that he is seeking information only regarding the AADHAAR number and not biometric data etc., we note the following observation of the High Court of Delhi in its judgment dated 19.2.2014 in Union of India vs. R. Jayachandran [W.P. (C) 3406/2012 and CM APPL. 7218/2012]: "In particular the learned Single Judge erred in observing in W.P.(C) 1677/2012 that passport number is not a personal information. This Court is in agreement with Mr. Tiku's submission that as to who generates a third party information, is totally irrelevant. After all passport number is not only personal information but also an identification proof, specifically when one travels abroad."
5. We note that the Appellant has sought information regarding the AADHAAR number and related details in respect of a third party. He has not established any larger public interest for disclosure of this information to him. His unsubstantiated allegation that the lady has obtained two PAN cards cannot become the ground of larger public interest. In view of the foregoing, we uphold the decision of the Respondents to deny the information under Section 8 (1) (j) in this case.
6. With the above observations, the two appeals are disposed of.
7. Copies of this order be given free of cost to the parties.
Sd/ (Sharat Sabharwal) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla) Deputy Registrar