Central Information Commission
Ashok Kumar Yadav vs Unique Identification Authority Of ... on 25 September, 2018
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या /Second Appeal No.-CIC/UIDAI/A/2018/119541
Ashok Kumar Yadav ...अपीलकता /Appellant
Versus
बनाम
Central Public Information Officer, ... ितवादी/Respondent
M/O. Electronics & I. T.,
Department of Electronics & I.T., (Deity),
Unique Identification Authority of India,
Regional Office, Lucknow, T.C./46-V,
3rd Floor, Vibhuti Khand, Gomti Nagar,
Lucknow, U.P.-226010.
Dated of Hearing:- 24-09-2018
Dated of Decision:- 24-09-2018
RTI Application filed on:- 23-11-2017
CPIO replied on:- 07-12-2017
First Appeal filed on:- 03-01-2018
FAA's order:- 11-01-2018
2nd Appeal received on:- 26-03-2018
ORDER
Facts:
1. The appellant filed RTI application dated 23-11-2017 seeking copy of documents submitted by one Ms. Sushila Devi for obtaining her Aadhaar card.
2. The appellant filed second appeal on 26-03-2018 before the Commission on the ground that information should be provided to him. Hearing:
3. The appellant participated in the hearing through telephone. Mr. Deo Shankar (ADG) represented the respondent through video conferencing. The written submissions are taken on record.
4. The appellant stated that the aforesaid Aadhaar card (which was issued in the name of Ms. Sushila Devi allegedly by using bogus documents) was used at the time of gifting the property by his father, wherein, Ms. Sushila Devi was shown as his wife. He stated that Ms. Sushila Devi is not his mother. In this regard, he requested the respondent to verify the genuineness of the aforesaid Aadhaar card. Further, he stated that the respondent should provide him copy of documents submitted by Ms. Sushila Devi for obtaining her Aadhaar card.
5. The respondent stated that the information sought by the appellant is a third party information u/Section 8(1)(j) of the RTI Act. Therefore, they have denied the same. He further stated that as per Sections 28 and 29 r/w Section 33 of The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, the demographic and biometric data of an individual enrolled under Aadhaar programme is confidential in nature. However, the respondent agreed to conduct an enquiry into the matter and verify the authenticity of the Aadhaar card issued to Ms. Sushila Devi. Discussion/ observation:
6. This Commission observed that the respondent should take action as agreed to in para 5 above. Further, this Commission observed that the details of Aadhaar enrolment of an individual should not be disclosed to a third party. Decision:
7. The respondent is directed to take action as per para 6 above, within 15 days from the date of this order.
8. The respondent is advised to investigate the matter (relating to the alleged manipulation in the Aadhaar enrolment) and take action as per their policy and if found necessary suspend the Aadhaar card.
The appeal is disposed of. Copy of the order be given to the parties free of cost.
Radha Krishna Mathur (राधा कृ ण माथुर) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S.C. Sharma Dy. Registrar एस. सी. शमा , उप-पंजीयक एस. सी.
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