RTI application was filed by a person other than the person who filed the first & second appeal - CIC: The second appeal is not tenable - CIC: Only the legal heir of the deceased can seek information about the deceased after establishing his or her status
This appeal is regarding an RTI application dated 4.2.2014, filed by one Shri Prasanta Basu Ray, seeking information regarding the pension account of Smt. Rekha Gupta. Shri Ray stated that he had been authorised to seek the information by Smt. Rekha Gupta, who was seriously ill. The CPIO responded on 21.2.2014 and denied the information under Section 8 (1) (e), but also stated that the information sought in the RTI application, with the exception of point 5 (b), related to Bhagalpur University and could be obtained from them. On 10.4.2014, Smt. Rupa Gupta filed an appeal to the First Appellate Authority, stating that she was the daughter-in-law of Smt. Rekha Gupta. On 9.6.2014, Smt. Rupa Gupta filed an appeal to the Commission, stating that since Smt. Rekha Gupta had passed away on 11.2.2014, the authorization given by her to Shri Prasanta Basu Ray to collect the information regarding her pension stood invalid. She further stated that under the circumstances, she as the daughter-in-law of the deceased was seeking information concerning her pension.
2. The Respondents reiterated their reply dated 21.2.2014 and stated that Smt. Rupa Gupta has not given them any proof regarding her status as legal heir of Smt. Rekha Gupta. On examination of the facts of this case, we note that the RTI application was filed by a person other than the person who filed the first and second appeals. In view of the foregoing, the second appeal in this case is not tenable. Further, anyone who seeks information concerning the pension account of late Smt. Rekha Gupta has to establish, to the satisfaction of the bank, his or her status as the legal heir of the deceased.
3. In view of the foregoing, we find no substance in this appeal and it is dismissed.
4. Copies of this order be given free of cost to the parties.
Citation: Smt. Rupa Gupta v. Allahabad Bank in File No. CIC/SH/A/2014/001186