Central Information Commission
Mr.Anisahmad M Shaikh vs Ministry Of Communications And ... on 28 June, 2011
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2010/001570
Appellant : Anisahmad M Shaikh
Respondent : Department of Posts, Dharwad
Date of hearing : 28.6.2011
Date of decision : 28.6.2011
FACTS
The matter is heard through video-conferencing today dated 28.6.2011. Appellant not present. The Department is represented by Shri M. Nagesh, SSPOs, Dharwad and Shri H. M. Navanur, ASP. They are heard.
2. The matter, in short, is that the appellant is the son of deceased Mohd. Ali. Vide RTI application dated 19.5.2010, he had requested for information about the MIS Account and SB Account of his deceased father. The CPIO had refused to disclose this information u/s 8 (1) (e) of the RTI Act.
3. In my opinion, the decision of the CPIO is not correct. It is common place that after the death of the father, the son is the natural heir and is entitled to inherit the properties left behind by his father. In this view of the matter, regardless of the departmental instructions, the requested information, if available, must be disclosed to the appellant. If this is not done, then the entire amounts deposited with the Department by the deceased will lapse and will not be availed of by his heir.
3. In the premises, the order of the CPIO is set-aside and he is hereby directed to disclose the requested information, if retrievable from the system.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K.L. Das) Deputy Registrar Address of parties :-
1. The Sr. Supdt. Of Post Offices & CPIO Department of Posts, Dharwad Division, Dharwad-58008
2. The Director of Postal Services AA Department of Posts, South Karnataka Region, Bangalore-1
3. Shri Anishamad M Shaikh Shanwad Building, Vijayanagar, Chickmalligwad Road, Dharward-58008