NARENDRA KUMAR GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution challenges the orders passed by various authorities established under the Right to Information Act, 2005 (for brevity, the "RTI Act").

(2.) The petitioner preferred an application (Annexure P/4) under RTI Act before the Public Information Officer, seeking certain informations including affidavit of Devendra Gupta, bank statement and copy of Cheque No. 631401 dated 13.10.2000. The petitioner preferred another application dated 16.11.2011 stating that the petitioner's father Radha Vallabh Gupta and mother Smt. Satyawati Gupta died on 25.4.2011 and 29.12.2005, respectively. Petitioners are three brothers, namely, Narendra Kumar, Yatendra Kumar and Devendra Kumar. Being real brothers, they are legal representatives of their parents. It is stated that the petitioner's brother Devendra Kumar has withdrawn certain amount from the Pension Saving Account of his father. The description of account is given in the said application. It was prayed that the documents desired by earlier application be provided to him. This application of the petitioner is rejected by order dated 17.12.2011 (Annexure P/3). The petitioner feeling aggrieved by this order preferred an appeal under the RTI Act. The appellate authority by order dated 1.2.2012 (Annexure P/2) rejected the said appeal. The original and appellate orders are called in question by the petitioner by preferring second appeal before Central Information Commission (CIC). The CIC by order dated 31.5.2013 rejected the appeal and affirmed the order of first appellate authority. These orders are put to test in this petition.

(3.) Shri Nirmal Sharma, learned counsel for the petitioner, submits that the rejection order is bad in law. The account holder, i.e. father of petitioner is no more and, therefore, section 11of RTI Act, which deals with right and protection of third party, is not applicable. By placing reliance on the judgment of Supreme Court (Bihar Public Service Commission vs. Saiyed Hussain Abbas Rizwi & another, 2012 13 SCC 61), it is urged that Section 8(1)(d) and (j) of RTI Act is not an impediment in relation to the information and documents desired by the petitioner.