Denial of info for lack of Aadhaar breach of RTI Act: CIC

New Delhi, Dec 28 (PTI) Denial of information for thelack of Aadhaar card is a serious breach of right guaranteedunder the RTI Act and amounts to h...

(Eds: Correction in para 7)New Delhi, Dec 28 (PTI) Denial of information for thelack of Aadhaar card is a serious breach of right guaranteedunder the RTI Act and amounts to harassment of the applicant,the Central Information Commission has held.

The Commission has imposed maximum penalty under the acton the then RTI handling officer of the Housing & UrbanDevelopment Corporation (HUDCO) for not providing informationon gifts purchased by it and expenses incurred by its CMDs onthe grounds that identification documents were not provided bythe applicant.

The case pertains to Vishwas Bhamburkar who had soughtdetails of amounts "spent from the coffers" of HUDCO on giftsfor years 2013 to 2016, renovation of official residence ofits Chairman and Managing Director in ASIAD village,electricity bills of the official residence, and remunerationspaid to the CMDs among others.

CPIO D K Gupta wrote a letter on August 5, 2016 demandingthe proof of identity and proof of address by producing Aadharcard, voter ID Card or passport as proof of citizenship fromBhamburkar, Information Commissioner Sridhar Acharyulu noted.

"He did not say anything about giving information sought.

No information was given within 30 days. The applicant filedthis complaint. He has also filed first appeal, asking forinformation without insisting on the proofs," he said.

Acharyulu noted that in his response Gupta said, becausesome others filed repetitive RTIs he wanted to verify bonafides of this applicant.

"This contention is not legal and hence not acceptable.

He also failed to justify the denial of information, as hecould not cite any clause of exception under Section 8or 9. From his submissions it is clear that the informationsought did not attract any exception prescribed under the RTIAct," he said.

Not only in 30 days, but even after that the informationwas not given until the CIC ordered, thus, deemed refusal ofRTI application was proved in this case and that shouldattract the penal proceedings, Acharyulu said.

"The CPIO can deny information only under Section 8 and9. He cannot invent new grounds for denial like lack ofAadhaar Card, Voter Id Card, Passport etc. This Section wasviolated by Dr D K Gupta as he did not give any information in30 days and beyond also," he said.

Acharyulu said Gupta is liable and deserves maximumpenalty. He is directed to pay a sum of Rs 25,000 in fiveequal monthly instalments, the commissioner said.

"Most unfortunately successor CPIO S K Gupta alsoexhibited similar anti-RTI attitude and made it clear that hisintention was also not to give information for the samereasons given by D K Gupta," he said.

"Denial of information for lack of Aadhaar card will be aserious breach of right, which was guaranteed by the RTI Actand also amounts to harassment of the applicant," he said. PTIABS TIRSMN.

This is unedited, unformatted feed from the Press Trust of India wire.

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