Court No. - 2
Case :- WRIT - C No. - 8068 of 2018 Petitioner :- Smt. Saidaa Rehana Fatma Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Brajesh Kumar Singh,Ravish Kumar Singh Counsel for Respondent :- A.S.G.I.,Fahd Iqbal
Hon'ble Ram Surat Ram (Maurya),J.
Heard counsel for the petitioner and Sri Fahd Iqbal for respondents.
The writ petition has been filed for quashing the order dated 27.11.2017 passed by Central Public Information Officer of respondent-bank and order dated 17.1.2018 passed by Zonal Manager, Bank of India, the appellate authority by which the application of the petitioner seeking some information of amount of Saving Account No. 696310100003521 relating to husband of the petitioner, as to whether any person has submitted any claim for payment of amount before the Bank and as to whether the amount of Saving Account No. 696310100003521 can be transferred to any other account without her consent, has been rejected by respondent-3 by order dated dated 27.11.2017 on the ground that the application has not been presented by all the heirs of account holder, therefore confidence relating to the account has to be maintained by the bank and appeal against the aforesaid order has been dismissed.
I have considered the arguments of the counsels for the parties.
Reason assigned for rejecting the application of the petitioner does not appears to be proper inasmuch as so far as Saving Account No. 696310100003521 is concerned, petitioner is being one of the heir of her husband may acquire the amount after obtaining succession certificate in which specific court fees is required for the amount. Even if there is many heirs of husband of the petitioner, then also the petitioner can obtain succession certificate in respect of amount of her share. Thus rejection of the application of the petitioner is not proper.
In the results, the writ petition succeeds and is allowed. The order of Central Public Information Officer dated 27.11.2017 and appellate authority dated 17.1.2018 are set aside. The matter is remanded to Central Public Information Officer, respondent-3, who shall supply information after taking requisite fees to the petitioner within a period of six weeks from the date of producing a certified copy of this order.
Order Date :- 28.2.2018 Rahul /-