Can the appellant’s representative inspect the records under RTI?
The appellant sought a copy of records relating to the payment of Provident Fund, Gratuity, salary and other dues to the wife of a deceased employee of Chandrapur Ferro Alloy Plant. During the hearing the representative of the appellant submitted that the second wife of the deceased had entered into an agreement with the appellant and had agreed to pay 33% of the Provident Fund and Gratuity amount to the appellant. She had also agreed to pay 30% of the salary to the appellant but she has breached the contract and has only partially fulfilled her obligation. The Public Information Officer (PIO) submitted that appellant’s wife is the nominee of the deceased and the payment has been made to her as per rules and the Plant is in no way concerned with the agreement entered into by the appellant and his wife.
View of CIC
The Central Information Commission (CIC) held that the appellant or his representative may be given inspection of all the records relating to the payment of Provident Fund, Gratuity, salary and other dues paid to the deceased employee’s wife and to take extracts there-from.
Usually only the appellant is allowed to have an inspection under the RTI Act. The Commission in this order had allowed the representative of the appellant to have an inspection, this opens up an opportunity for many applicants who due to some reason, are unable to inspect the records on their own.
Citation: Mr. P M Sugamwar v. Chandrapur Ferro Alloy Plant, in File No.CIC/LS/A/2011/003504
RTI Citation : RTIFI/2012/CIC/468
Click here to view original RTI order of Court / Information Commission