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2026 Supreme(Online)(CIC) 6834
CENTRAL INFORMATION COMMISSION
P R Ramesh
Ashoka Samrat – Appellant
Versus
Unique Identification Authority of India – Respondent
CIC/UIDAI/C/2025/104444
For the Appellants/Petitioners:
For the Respondents: Ms. K.M. Bharathi
Under Section 18 of the Right to Information Act, 2005, the Information Commission lacks jurisdiction to direct the disclosure of information and is limited to determining whether the denial of information was intentional or mala fide for the purpose of imposing penalties.
Headnote:(A) Right to Information Act, 2005 - Sections 18, 19, and 20 - Complaint under Section 18 - Scope of jurisdiction - Whether the Information Commission can direct the disclosure of information in a complaint proceeding - The Supreme Court in Chief Information Commissioner v. State of Manipur held that under Section 18, the Commission lacks the jurisdiction to direct the furnishing of information; its role is limited to determining if there was a mala fide denial of information and initiating penalty proceedings if applicable under Section 20. (Paras 9, 10, 11)
Facts of the case:
The complainant sought copies of appointment letters, licenses, and authority letters of various enrolling agencies operating in Tirupati. The CPIO provided a response stating that such administrative records are maintained by the Registrars or the respective enrolling agencies, not by the UIDAI, and directed the complainant to relevant online portals. Dissatisfied, the complainant filed a complaint under Section 18 of the RTI Act alleging non-disclosure.
Findings of Court:
The Commission observed that the information sought was either not held by the public authority or fell under exemptions, and the CPIO had provided a point-wise reply in good faith. Following the precedent set by the Supreme Court, the Commission held it had no jurisdiction to order the disclosure of information under Section 18.
Issues: Whether the CPIO deliberately denied information and whether the Information Commission has the jurisdiction to direct disclosure of information during complaint proceedings under Section 18 of the RTI Act.
Ratio Decidendi: An Information Commission, while exercising its jurisdiction under Section 18 of the RTI Act, cannot pass directions to furnish information; its scope is confined to assessing whether the denial of information was intentional or mala fide to determine the applicability of penalties under Section 20.
Result: Complaint disposed of.
| Table of Content |
|---|
| 1. summary of rti application and procedural history. (Para 1 , 2 , 3 , 4 , 5) |
| 2. respondent submissions regarding institutional framework and record-keeping. (Para 6) |
| 3. commission ruling on jurisdiction under section 18 and non-existence of mala fide. (Para 7 , 8 , 9 , 10 , 11) |
Relevant dates emerging from the complaint:
| RTI : 02.12.2024 | FA : Not on record | Complaint : 28.01.2025 |
| CPIO : 03.01.2025 | FAO : Not on record | Hearing : 19.05.2026 |
Date of Decision: 21.05.2026
CORAM:
Hon’ble Commissioner
P R Ramesh
O R D E R
1. The Complainant filed an RTI application dated 02.12.2024 seeking information on the following points:
1. Provide Photostat copy of license/certificate/Permission Letter/ authority/appointment letter of agency (ies) empanelled as enrolling agencies through an open Request for Empanelment (RFE) process by the Authority/Registrar has set up enrolment center in Tirupati (Torn & Rural) having PIN Codes: 517501, 517502, 517503, 517504, 517506, 517507, after completing the requirement specifically eligibility, term and conditions, and other technical and financial criteria notified by the authority u/s 23 (1) of the Aadhaar (Enrolment and Update) Regulations Act 2016 to collect the both demographic and biometric information and other information related thereto from individuals who seek to enrol u/s 3, 4 and 5 of the Aadhaar (Enrolment and Update) Regulations Act 2016 to upload such enrolment packet to database called "Central Identities Data Repository" (CIDR) using the software provided by the Authority in electronic form for the purpose to issue Aadhaar letter to Aadhaar number holder and updating information of Aadhaar number holders under Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016.
2. Provide Photostat copy of license/certificate/Permission Letter/authority/appointment letter of agency (ies) empanelled as enrolling agencies appointed by the Authority/Registrar has set up enrolment centre in Tirupati (town & rural) having PIN Codes: 517501, 517502, 517503, 517504, 517506, 517507, after following a suitable process for screening u/s 23(5) of the Aadhaar (Enrolment and Update) Regulations Act 2016 to collect the both demographic and biometric information and other information related thereto from individuals who seek to enrol u/s 3, 4 and 5 of the Aadhaar (Enrolment and Update) Regulations Act 2016 to upload such enrolment packet to database called "Central Identities Data Repository" (CIDR) using the software provided by the Authority in electronic form for the purpose to issue Aadhaar letter to Aadhaar number holder and updating information of Aadhaar number holders under Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016..etc.
2. The CPIO replied vide letter dated 03.01.2025 and the same is reproduced as under:-
1. UIDAI appoints Central and State Government departments, special purpose vehicles created by them, public sector enterprises and banks and other regulated entities under regulation 21 ibid as Registrars. Registrar so appointed to submit a Terms of Engagement (TOC) duly signed by the authorized officer (Sample format of TE attached). Such Registrars, under regulations 23(5), 2(1)(1) 21(0) 23(8), 23(9), 23(10) and 25 of the Adhaar enrolment and update regulations can onboard themselves as an Enrolment Agency or can onboard any of its subordinate office/unit with the prior approval of UIDAI These Enrolling agencies set up enrolment centers to carry out the enrolment process while adhering to the processes and guidelines issued by UIDAI, through operators appointed by the enrolment agency, who are duly certified as per the certification process specified by UIDAI Hence, no separate agreements available with UIDAI
2. The details of Aadhaar enrolment centers along with name of agency is available at https://bhuvan-app3.nrsc.gov.in/aadhaar..
3. Only the document as specified by UIDAI shall be
