Application for issue of death certificate of daughter was rejected by the officials of Cantonment Board Jabalpur (CBJ) - CIC: Father is entitled to apply for a death certificate of his daughter; For delay in reply, a show cause notice is issued to PIO
22 Nov, 2021Information Sought:
The Appellant has stated that his daughter Ms. Amrita Dubey had expired on 31/10/2019 at Karondi, Ranjhi. He had approached Cantonment Board Jabalpur (CBJ) for issue of death certificate in respect of his daughter. However, his application for issue of death certificate was not accepted by the officials of CBJ. In this context, he has sought the following information:
Provide a copy of the Rules/Act/Orders, under which the application submitted by him for issue of death certificate of his daughter was not accepted by the officials of CBJ.
Grounds for Second Appeal
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that even his application for the death certificate was not accepted and no reply was received. He received a very delayed reply on 29.02.2020. However, vide that letter also he was not given information. The CPIO submitted that the appellant’s daughter was married and as per rule only family members i.e husband or husband’s family members can obtain death certificate.
Observations:
The Commission is surprised to see the lack of application of mind of the CPIO. The appellant being the father is entitled to apply for a death certificate of his daughter and this cannot be denied as he will always remain the father. Moreover, the RTI application was not replied to on time and amounts to clear violation of the RTI Act.
Interim Decision:
A show cause notice is issued to the CPIO, Saroj Viswakarma, Office Superintendent to explain why penalty u/s 20 of the RTI Act should not be imposed on the CPIO for not providing a reply to the appellant. She shall attend the next hearing with proper explanation regarding the same in the form of written submissions. The next date of hearing shall be on 29.11.2021 at 2.00 p.m.
The CPIO shall also provide a suitable reply to the appellant within 7 days from the date of receipt of this order.
The case is adjourned accordingly
Vanaja N. Sarna
Information Commissioner
Citation: Dinesh Kumar Dubey v. Office of Cantonment Board, Jabalpur Cantt in File no.: - CIC/IARMY/A/2020/114111, Date of Decision: 03/11/2021