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2021 Supreme(Online)(HP) 1358

HIMACHAL PRADESH HIGH COURT
Not Mentioned, J
OIC Ltd. v. Hira Devi
CMP No. 1739 of 2020



Death certificates are not considered third-party information under RTI Act, ensuring public access to such documents.

Headnote:The appellant sought directive from the Panchayat Secretary for the death certificate of deceased respondent No. 3, which was denied based on RTI provisions. The Court found the denial unjustified, stating death certificates should not be treated as third-party information as per Sections 8(1)(j) & 11 of the RTI Act, 2005. Consequently, the information should be provided within two weeks and directives were issued for compliance.

Table of Content
1. request for death certificate denied on rti grounds. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. directive for compliance on death certificates retrieval. (Para 9 , 12 , 13)
3. death certificates are public documents. (Para 10 , 11)
4. court orders compliance and dispenses with personal presence. (Para 14)

1. On 08.07.2021, this Court passed the following order:
CMP No. 1739 of 2020
By medium of this application, the appellant / applicant has sought direction to the Panchayat Secretary, Shingla, Development Block, Rampur, District Shimla, H.P. to provide the copy of death certificate and the names and addresses of legal representatives of deceased respondent No. 3 Sh. Baldev @ Bobby, on the ground that the aforesaid officer has refused to provide the requisite information. The copy of refusal order as also the translated version thereof annexed with the application, which reads as under:
OFFICE OF GRAM PANCHAYAT SINGHLA
Development Block Rampur Bu. District Shimla H.P.
PANCHAYATI RAJ DEPARTMENT
Sr. No. G.P. Shingla RTI 8/2019Dated 04.12.2019
To
Sh. Rajesh Kumar, Advocate Distt. Courts Complex, Chamber No. 9, Rampur Bar, Tehsil Rampur, Distt. Shimla, H.P.
Subject: Regarding supply of information under Right to Information Act, 2005 .
With reference to above subject, the information required to be supplied by you which was forwarded through Block Development Office, Rampur Bu. Vide Endst No. 7384 dated 21.11.2019 which was received on 27.11.2019 wherein you have asked to supply information as regards the death certificate, Legal Heir Certificate and BPL Certificate in respect of Baldev resident of Village Dakolar, Post Office Shingla. As per the provisions contained in S.8(1)J and S.11 of right to Information Act, 2005, the above Information cannot be supplied to you.
Copy Information forwarded for information to the Officer - cum - Superintendent Public Grade - 2, Development Block Rampur, District Shimla, H.P.
sd/-
Public Information Officer - cum - Panchayat Secretary, Gram
Panchayat, Shingla, Development
Block Rampur, District Shimla, H.P.
This Court really wonders, as to how the information sought by the appellant could have been refused by the Panchayat Secretary.
Therefore, in such circumstances, Registry is directed to send the copy of this order to the Director, Panchayati Raj, for his comments, through FAX / email during the course of the day.
In the meanwhile, the application is allowed and the Panchayat Secretary, Gram Panchayat, Shingla, is directed to provide requisite information within a period of two weeks from today. Application stands disposed of.
List for hearing on 22.07.2021.

2. In compliance to the aforesaid order, the Additional Director (Panchayati Raj) has furnished his comments, relevant portion whereof reads as under: 1. That Sh. Rajesh Kumar sharma, Advocate, District Court Complex Rampur, Bushehar, district Shimla vide application dated 20.11.2019 sought information under RTI Act, 2005 from the Public Information Officer, O/o Block Development Officer, Rampur Bushehr, District Shimla for providing copy of Death Certificate, Legal heir Certificate and BPL Certificate with respect to late Sh. Baldev, Resident of village Dakolar, Post office Shingla.

3. That Public Information Officer, Superintendent Grade - II, O/O Block Development Officer, Rampur Bushehr forwarded the application on 21.11.2019 to the Public Information Officer - cum - Panchayat Secretary, Gram Panchayat Shingla, and on receipt of same the Public Information Officer - cum - Panchayat Secretary Shingla intimated Smt. Usha, w/o late Sh. Baldev that copies of Death Certificate, Legal Heir and BPL have been requested to be provided to the Advocate and whether the same in context to her hushand shall be provided or not. It was intimated by Smt. Usha, (Third Party) w/o late Sh. Baldev to Public Information Officer - cum - Panchayat Secretary that copies of Death Certificate, Legal Heir and BPL certificates pertaining to her husband should not be provided t













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