Various information relating to MIS & saving account of appellant’s late father were denied u/s 8(1)(e)&(j) as he was neither the nominee nor he produced any succession certificate - CIC: Customer’s details are personal & held under fiduciary relationship
The appellant has sought the following information in respect of MIS Saving Bank Account in the name of my father late Sh. Ram Lubhaya Mal Sharma resident of IX/6981, Krishna Street, Gandhi Nagar, Delhi - 110051:-
1. MIS A/c No. 11543—at Kailash Nagar PO.
2. MIS A/c No. 11567—at Kailash Nagar PO.
3. SB A/c No. 531817—at Kailash Nagar PO.
4. MIS A/c No. 8075—at Gandhi Nagar Bazaar PO.
5. SB A/c No. 925871—at Gandhi Nagar Bazaar PO.
1. Provide the latest status of all above mentioned accounts.
2. Provide the latest balance of these accounts.
3. Provide the amount withdrawn after 30/07/1998.
4. Provide the name of nominee if any against the accounts.
5. Provide the complete address of the nominee.
6. Provide the date of nomination along with age and relation.
7. Provide the amount so paid to any legal heir after 30/07/1998.
8. Provide the amount so paid to any legal heir against any court order.
9. Provide the amount paid to any nominee if any.
10. Provide the detail of the amount paid to the nominee if any against each account.
11. Provide the certified copy of the account opening forms of all A/cs.
12. Provide the certified copy of nomination forms.
13. Provide the name and address of the legal heir who has withdrawn any amount from these accounts if any against each of accounts after 30/07/1998 till date.
Grounds for the Second Appeal: The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing: The following were present
Appellant: Absent Respondent: Mr. Sushil Joshi CPIO’s representative
The CPIO’s representative stated that the appellant in his RTI application dated 12/6/2013 has sought various information relating to 3 MIS and 2 saving accounts of his late father Shri Ram Lubhaya Mal Sharma but he is neither the nominee nor has he produced any succession certificate hence the information was denied 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; &(j) of the RTI Act. He informed that 3 MIS accounts have been closed and payment has been made to the nominee Smt. Madhu Sharma. As regards saving account no. 925871 the CPIO’s representative stated that the account was operative when the RTI application was received whereas there is no saving account no. 531817 at Kailash Nagar PO. The appellant is not present for canvassing his case/contesting the
CPIO’s representative’s submissions.
Accounts of customers maintained at post offices/banks are held under fiduciary relationship and information relating to such accounts is personal in nature and 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; & (j) of the RTI Act unless the seeker of information is able to show larger public interest to justify the disclosure. The appellant has not availed the opportunity to appear before the Commission and demonstrate that the disclosure of the information asked for by him is in larger public interest. It being so, there is no need to interfere with the decision of the respondent. The matter is closed
Citation: Mr. Kewal Krishan Sharma v. Department of Posts in File No. CIC/BS/A/2014/000266/6503