Central Information Commission
Minakshi Mishra vs Unique Identification Authority Of ... on 4 March, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/UIDAI/A/2024/604341
Ms. Minakshi Mishra ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Unique Identification Authority of ...प्रनतवािीगण /Respondent
India(UIDAI)
Date of Hearing : 28.02.2025
Date of Decision : 28.02.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 04.12.2023
PIO replied on : 28.12.2023
First Appeal filed on : 28.12.2024
First Appellate Order on : 24.01.2024
2 Appeal/complaint received on
nd : Nil
Information soughtand background of the case:
The Appellant filed an RTI application dated 04.12.2023 seeking information on the following points:-
"When I tried to link my pan with Aadhar no. 478874888422. I have been informed that This linking could not be done due to mismatch in Date of Birth (DOB) mentioned in Aadhar and Pan Card. It has been observed that entry of DoB in Aadhar has been entered wrong.
Further, I have applied multiple times in aadhar Centre for rectification of wrong DoB. All requests have been rejected without informing any reason. Finally, I took help of CPGRAM. Initially they informed that Your DOB update request has been rejected due to crossed the allowed limit of DOB update, while i have applied only for correct DoB and same had also been rejected. Further, I have been informed vide CPGRAM message UIDAI/E/2023/0009692 dt 24.09.2023 that Dear Resident, Your Date of Birth updation request under exception handling is been received to this office and action will be taken as per SOP is existence. It will take more time to resolve your case than normal cases. Your are requested to bear with us till Aadhar updation/generation.
Even after lapse of two months of this message my aadhar is yet to be updated and I am facing multiple financial issues due to non-linking Aadhar with Pan as per the various statutory rules/act/office orders. This may also be noted that I have no fault in entering wrong DoB in my Aadhar.
In view of above, I want following information:
Page 1 of 31. What is the time limit of updating correct date of Birth in my Aadhar 4788748884227 Please specify in days or months.
2. Who is guilty of wrong entry of my Date of Aadhar? and What corrective action has been taken by UIDAI for this activity? If not taken any action, what is the reason? and How UIDAI will take care of such wrong entries in Aadhar?
3. What is the process of getting compensation against this wrong entry of my Date of Birth in my Aadhar and subsequent continuous under mental agony for rectifying this wrong entry on multiple rejection of my various legitimate requests or indefinite waiting time for resolution? I have also been barred from my various financial rights, what are provided to normal citizen on timely linking of Aadhar and Pan no..."
The CPIO, Unique Identification Authority of India(UIDAI) vide letter dated 28.12.2023 replied as under:-
Reply: "1. DOB update in Aadhaar xxx-xxxx-8422 is under process against exceptional handling. No time limit has been defined for exceptional handling cases.
2. The case has been forwarded to concerned division for further inquiry.
3. Provision of compensation is not mentioned in Aadhar (Targeted Delivery of financial and other subsidies, Benefits and services) Act, 2016 and amendment thereto."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 28.12.2023. The FAA vide order dated 24.01.2024 stated as under:-
"Your RTI Appeal application is already replied by UIDAI State office Patna by email on Dt. Jan 15, 2024 (copy enclosed). Accordingly, your RTI Appeal application has been disposed off."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A detailed and self explanatory written submission dated 17.02.2025 has been received from CPIO, UIDAI, Ranchi reiterating the above facts and adding the following information about UIDAI guidelines:
In the said context, as per UIDAI guidelines, resident may avail only one time date of birth update facility in his/her Aadhaar in a lifetime, after which the request would be processed under exceptional handling as per the Standard operating Procedure (SOP) dated: 19/07/2021 in which the guidelines for exceptional handling of DOB update change requests have been elaborated (copy of SOP enclosed).
The first updation of DoB was carried out by the Aadhaar Number Holder (ANH), i.e., hereinafter referred to as the Appellant on dated: 01/09/2018 which was considered. She was trying to update her DOB second time which would be fall under Exceptional handling as per the SOP dated: 19/07/2021. It was intimated to the Aadhaar Number Holder (ANH) by UIDAI, State Office, Patna through its email dated: 15/01/2024 to get her DOB updated on the basis of Self Declaration as per notified format along with Birth certificate issued by Authorized Authority under the Registration of Births and Death Act, 1969. Both the supporting documents should be uploaded at the time of Enrollment. Nevertheless, she opted Page 2 of 3 to update her DOB with Mark sheet which is rejected as per SOP dated: 19/07/2021.
2. Further, as mentioned above, it is hereby suggested that the appellant should update her date of birth with her Birth Certificate and Self Declaration Form (SDF) in the nearest Aadhaar Seva Kendra (ASK) accordingly.
3. Keeping in view of the above facts and provisions, it is submitted that the said matter has already been dealt properly under the purview of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services), 2016 (as amended from time to time). Hence, UIDAI, RO, Ranchi requested to your honor that the matter may please be disposed off.
A copy of the written submission has already been sent to the Appellant. Hearing was scheduled after giving prior notice to both the parties.
Appellant: Not present Respondent: Shri Niraj Kumar - Director, UIDAI was present through video conference during hearing.
The Respondent reiterated the facts as noted from the records mentioned above and stated that information available on record had been duly provided to the Appellant and even inspection of records had been offered, in terms of the provisions of the RTI Act. The Appellant has chosen not to contest the case at hand.
Decision:
Examination of the records of the case reveals that information available with the Respondent has been duly provided to the Appellant vide the PIO reply. The Respondent has furnished additional information to the Appellant about UIDAI Guidelines vide the written submission dated 17.02.2025, in terms of the provisions of the RTI Act.
In the light of the aforementioned facts, the response of the PIO is found legally appropriate and well within the precincts of the RTI Act and the Appellant has chosen not to buttress her case. Hence, no further intervention is warranted in this case, under the RTI Act.
The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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