Details of a savings account maintained by his deceased uncle were denied u/s 8(1)(j) claiming that the nominee is someone else - Appellant: he is prepared to produce a succession certificate as he is the successor - CIC: information is exempt u/s 8(1)(e)
16 Feb, 2014Information regarding a savings account maintained by his deceased uncle were denied u/s 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; claiming that the nominee in the account is some other person - Appellant stated that he is prepared to produce a succession certificate as he is the bonafide successor of his deceased uncle –PIO: information shall be provided if the appellant produces a succession certificate issued by the court - CIC: accounts of customers are held under fiduciary relationship and hence information relating to such accounts is exempt from disclosure to third party u/s 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
Information sought:
The applicant has sought the following information regarding Account No. 293523 of PO Raniganj, Dist – Pratapgarh:-
(1) When was the account no. 293523 opened in the branch and who was the nominee of the account holder. Provide the name and address of the nominee.
(2) Whether you were informed about the death of the account holder. If yes, provide the date for the same and also the name and address of the person who informed.
(3) Provide the details about the transactions done in the account.
Grounds for the Second Appeal: The CPIO has denied the desired information under Section 8(j) of the RTI Act 2005.
Relevant Facts emerging during Hearing: The following were present
Appellant: Mr. Alok Kumar Pandey through VC
Respondent: Mr. A P Tiwari CPIO through VC
The appellant stated that he had sought information regarding a savings account maintained at SO Raniganj by his deceased uncle but the details have not been provided. The CPIO stated that they have gone through the records and have found that the nominee in the account is some other person and hence the information is exempt under Section 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; of the RTI Act. The appellant stated that he is prepared to produce a succession certificate as he is the bonafide successor of his deceased uncle. The CPIO stated that he will provide the information in case the appellant produces a succession certificate issued by the court.
Decision notice:
The Commission in the past has held that accounts of customers maintained at post office/banks are held under fiduciary relationship and hence information relating to such accounts is exempt from disclosure to third party under Section 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; of the RTI Act unless the seeker of information is able to show larger public interest to justify the disclosure. The matter is closed.
BASANT SETH
Information Commissioner
Citation: Mr. Alok Kumar Pandey v. Department of Posts in File No. CIC/BS/A/2013/000161/4464