CENTRAL INFORMATION COMMISSION
Appeal No. CIC/ MA/C/2009/0000366/SS dated 5.03.2008 Right to Information Act 2005 - Section 19
Name of the Appellant : Sh. Sarbjeet Roy
Name of the Public Authority : Planning Commission
UIDAI, Planning Commission
Background
Sh. Sarbjit Roy filed a complaint via email before the Commission alleging that UIDAI, constituted by the notification of the Govt. of India , hence being a public authority has not implemented the RTI Act, 2005 and he requested the Commission to give appropriate directions to the UIDAI to implement the RTI Act in its true spirit. The Commission issued notices to the CPIO, Planning Commission and DG-UIDAI to appear before the Commission.
2. In pursuance of the notice of the Commission Shri Raj kumar, Deputy Adviser and Shri Naseem Ahmad, APIO appeared before the Commission on behalf of the Planning Commission. None appeared on behalf of the UIDAI.
3. During the hearing the complainant submits that UIDAI is a public authority under the RTI Act, 2005 as it has been constituted by a notification of the Planning Commission and it is substantially financed by the Government. He therefore requests the Commission to declare the UIDAI as a public authority and accordingly implement the provisions of RTI Act, 2005 in true spirit. In response to complainant's submissions, Shri R. S. Sharma, Director-General and Mission Director, UIDAI submits through his letter dated 16.11.2009 that the UIDAI is in the process of positioning staff and office accommodation. The UIDAI Cell shall comply with the Section 4 of the RTI Act once it becomes operational. He further submits that at present only two officers and one Sr, PPS are working in the Authority. He also submits that the CPIO, Planning Commission has been supplying information relating to the UIDAI to the applicants seeking information under the RTI Act and that the UIDAI has also requested the Planning Commission to designate an officer to work as CPIO for the UIDAI .
4. In response to the submission of the Public Authority, the complainant submits that the UIDAI has become operational as is clear from the statements made by authorities of the UIDAI before the media.
5. The matter was heard on 18.11.2009.
6. The appellant was present for the hearing.
7. Sh. Raj Kumar, Dy. Adviser and Sh. Naseem Ahmad, APIO represented the Planning Commission.
Decision
8. After hearing the parties and after considering the facts and circumstances of the case and also on consideration of the genuine problems of a new organisation i.e. the UIDAI, the Secretary, Planning Commission and Director General and Mission Director, UIDAI, are hereby directed to designate CPIO/AA to implement the provisions of the RTI Act, in regard to UIDAI, within two weeks. Respondents are also directed to implement Section 4 of the RTI Act, 2005, for matters related to the UIDAI
9. The complaint is disposed of subject to the above directions.
10. Decision announced on conclusion of the hearing. Notice of decision be given free of cost to the parties.
(Sushma Singh)
Information Commissioner
18.11.2009
Authenticated true copy:
(Prem singh Sagar)
US &Assistant Registrar
18.11.2009
Copy t o:
1. The Secretary, Planning Commission, Youjna Bhawan, New Delhi
2. Sh. Sher Singh, CPIO , Planning Commission, Yojna Bhawan, New Delhi
3. Sh. Ram Sweak Sharma, Director General, UIDAI, Yojna Bhawan, New Delhi.
4. Sh. Sarbjit Roy, B-59, Defence Colony, Delhi.