Central Information Commission
File No.CIC/SM/A/2009/000861 dated 11112008
Right to Information Act2005Under Section (19)
Dated: 7 May 2010
Name of the Appellant : Shri Atul Gulati
B29, Sarvodaya Enclave,
New Delhi - 110 017.
Name of the Public Authority : CPIO, Vijaya Bank,
Head Office, 41/2,
MG Road, Bangaluru - 560 001.
The Appellant was present in person.
On behalf of the Respondent, Shri Dinesh was present.
2. In this case, the Appellant had, in his application dated 11 November
2008, requested the CPIO for a large number of information regarding the
account of his deceased father. In his reply dated 20 December 2008, the CPIO
held that in the absence of the death certificate and documentary proof that the
Appellant was the legal heir of the deceased account holder, it would not be
possible to provide the information as it was exempt from disclosure under
Section 8(1) (e) and (j) of the Right to Information (RTI) Act. Not satisfied with
this reply he had preferred an appeal 17 January 2009 which the Appellate
Authority disposed of in his orders dated 17 February 2009 by endorsing the
stand of the CPIO. It is against this order that the Appellant has come to the
CIC in second appeal.
CIC/SM/A/2009/000861
3. We heard this case through videoconferencing. The Appellant was
present in our chamber. The Respondent was present in the Bangalore studio
of the NIC. We heard their submissions. We also carefully examined the
request for information. It is true that most of the information sought by the
Appellant relates to the account details of the deceased person whom the
Appellant claims to be his father. Until and unless he produces documentary
evidence to show that he is the legal heir of the deceased account holder, we
cannot compel the CPIO to disclose the details about the said account.
However, there is one information which has nothing to do with the deceased
account holder, namely, his 15th query which relates to the joint FDR account
in which he is one of the account holders. This information can easily be given
to him. Therefore we give the following two directions to the CPIO:
i) to provide the information against his 15th query regarding the joint FDR
account within 10 working days from receipt of this order;
ii) to provide the remaining information within 10 working days of receiving
documentary evidence from the Appellant establishing himself as the sole legal
heir or one of the legal heirs of the deceased account holder.
5. The appeal is, thus, disposed off.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Information Commissioner
CIC/SM/A/2009/000861
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO of this
Commission.
(Vijay Bhalla)
Assistant Registrar
CIC/SM/A/2009/000861