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oppilamani

DETAILS ABOUT THE TRANSFER OF MY LATE BROTHER EFFECTED FROM A DISTRICT TO ANOTHER DISTRICT

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Prasad GLN

What is your exact problem now with your brother's personal matters after his death, and why do you want to stop a lady in claiming such rights which may be on production of valid documents.

In what way you wish to get benefit out of the punishment imposed on him several years after the death of your brother.

In what way you are connected with his past after death.

Your doubts and worries are that she may be trying to claim the right of your brother as his wife in the ancestral properties you have been enjoying since 40 years without giving such legitimate rights to your brother.  Now your fear is that she may seek the share of her husband by filing partition suit and disturb your peaceful enjoyment of joint family property for 40 years.

This is all your personal matters as per query.

Now coming to RTI.  1. Having illicit relations being a Government employee is against larger public interest and there are no exemptions under RTI Act...  When a person expired, PIO cannot deny information on 8 1 (j).  Before exercising the option, PIO has to write to your brother either at heaven or hell and seek comments within 5 days from receipt of your application.  If the person is deceased he cannot simply deny the information, but he has to offer justification for such denial.  Without justification, denial is deliberately malafide.

2. Irrespective of the age of the documents/records, any record that is available even after 20 years must be provided and as per RTI, this is a gift to citizens and not bar, as those matters that are treated as confidential for twenty years becomes public documents after 20 years.  The yardstick here is whether records are available or not and if those records are not available whether they have been destroyed as per preservation of records manual or lost.

Please download Sec.8 of RTI  exemptions in your mother tongue and study yourself the correct interpretation.

I personally feel that you have to ask the authorities the copies of such documents basing on which pension is being released to Smt..........who is in no way connected to your brother and you have to first obtain a legal heir certificate for your brother and attach a copy while seeking such information to avoid denials.  Once the Government has considered her as a wife and releasing pension, it is automatic recognition of her status as widow of your brother.  If you want to create problems and if she is not a good lady, entrust this to detectives and get information that she is in no way connected to your brother and use it to fight against the partition suit.  Partition suits are not that easy, and she should submit such documents to the court to claim her rights as your brother's widow.  Counter her arguments or documents in Court.

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oppilamani

Thanks lot for your detailed reply. My brother never turned to my native place till his death, never maintained my parents,sisters and not done any rituals for my parents etc. I am not bothered about his share in the ancestral properties but interested to hand over to the legitimate persons.. He was living with three ladies and the Tahsildar, Chengalpattu already rejected the request of Ramadevi in August, 2017 as my brother was living with three ladies and left no children. After a prolonged battle with the corrupt officials of the dept and finally on the orders of the Tamil Nadu Information Commission, after a year I have now collected copies nomination forms etc and found that my brother had not only declared the third lady as his wife but a male child at the age of 24 as his son. As the officials are reluctant and not ready to take action as per the orders of TNSIC, I again applied for the information about his connection with Sampathkumary so that I can put forth the facts before the Court. I have already filed a suit in Civil Court for declaring me as II nd Class Legal Heir and is still pending. My brother's immoral activities have to be placed before the Court to prove that Ramadevi is not a legally wedded wife and my brother is a womanizer.

As per the particulars collected as per the orders of the TNSIC, it is seen tha he has been transferred to a far away place in 1990 and returned in 1999 probably due to the illegal connection with Sampath kumari.

Now my question is whether the decision quoted by the PIO viz: Girish Ramachandra Deshpande Vs CIC in rejecting my request is in order or not ? As stated he died on 10-4-2017. Immoral activities of the Govt servant and sanctioning Family pension to a illegitimate lady revolves about public interest. Kindly furnish me about the recent decisions in this regard and kindly advice me immediately as the last date for filing appeal falls on 16-4-2019.

Kindly also specify me whether I can file a direct complaint to the SIC under Sec 18 of the RTI Act and is there any time limit prescribed for filing complaint under Sec 18.

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Prasad GLN
Posted (edited)

Please confine to RTI matters alone and it is not proper in Indian Culture to blame deceased.  If you are a lover of books go through Samskara book or view the movie on the internet.

Please go through my detailed earlier reply and go through section 8 in Tamil.

For your further query, I wish to add that Sec.18 is a complaint process directly without first appeal.  A complainant is not entitled to information and he may pray for action against SPIO which may be considered or not and it depends on IC.   In your case, the complaint is not the remedy.

Go for the First appeal immediately, seek a personal hearing and state sec.8 the larger public interest involved and that when the employee is deceased.  Go through Girish Desh Pande judgment which is available in the forum.  This judgment or exemptions do not apply to larger public interest issues.

If you are a legal heir for deceased you have every right to seek information.

If you want to record and information you have to go for the First Appeal seek a personal hearing, file written arguments and go for the second appeal to SIC.  This is the three-step process for information.  You are entitled to information only after the first appeal and in the second appeal under Sec.19.

Mere quoting judgment is not sufficient.  The judgment clearly states that there should be larger public interest in seeking exemptions, and your case is in the larger public interest.   It is up to SPIO to state as to why larger public interest pleaded by you is not applicable with such justification.

If you want information you must go for the first appeal.  Go through Sec.19 and Girish Deshpande case.  Carry that judgment hard copy underlining larger public interest.  Establishing larger public interest convincingly rests on the appellant.  It is left to FAA to decide why there is no larger public interest.   Depending on FAA orders you may go for a second appeal.

Edited by Prasad GLN

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