K.S.Ravichandran v. The Executive Director (Srts-Ii)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.S.Ravichandran ..

Appellant v.

1. The Executive Director (SRTS-II) First Appellate Authority Power Grid Corporation of India Limited Singanayakanahalli Yelahanka Hobli Bengaluru 560 064

2. The Public Information Officer Power Grid Corporation of India Limited Southern Regional Transmission System-II RHQ Singanayakanahalli Yelahanka Hobli Bengaluru 560 064

3. Power Grid Corporation of India Sriperumbudur Tamil Nadu 602 105 ..

Respondents

Appeal filed under Clause 15 of the Letters Patent, against the order dated 08.09.2022 passed in W.P.No.24170 of 2022. For Appellant ::

Mr.J.Milton Arul Rajendran

JUDGMENT

(Judgment of the Court was made by the Hon'ble Acting Chief Justice) This writ appeal has been directed against the impugned order dated 08.09.2022 passed in Writ Petition No.24170 of 2022.

2. Heard the learned counsel appearing for the appellant.

3. The appellant/writ petitioner sought for furnishing of certain details under the Right to Information Act, which are given as under:- "1)When Mr.Late A.S.Paramasivam was retired from his service and what designation at that time his retirement?

2) What his last salaries got at that time of his retirement and provide his last salary slip?

3) After retirement what are the benefits he got and what is full and final settlement to him?

4) Provide the copy of his Service Register.

5) Whose name was mentioned in his service Register?

6) Whether he specifies any name has his nominee?

7) Whether Mr.Late A.S.Paramasivam got full and final settlement before his death or any one claimed?

8) If any one claimed has legal heir of Mr.Late A.S.Paramasivam settlement amount that has claimed as legal heir provide the details of those persons?

9) Whether they submitted legal heirship certificate before you?

10) If they submitted legal heirship certificate provide copy of certificate."

The original authority rejected the claim of the writ petitioner on the ground that the wife of the deceased, Paramasivam is alive, the writ petitioner not being a legal heir, the information sought for was exempted under Section 8(1)(j) of the Right to Information Act. Therefore, an appeal was filed and the appellate authority, concurring with the order of rejection passed by the original authority, dismissed the appeal, against which the writ petition was filed. The learned single Judge, finding that the writ petitioner is not the heir or legal representative of the deceased, held for the reason that the wife of the deceased is alive, the personal information sought for by the appellant/writ petitioner cannot be granted, as the conditions set

out in Section 8(1)(j) of the Right to Information Act are not shown to have been satisfied by the writ petitioner on the facts set out in the affidavit, and finally has dismissed the writ petition. We also do not find any infirmity or error in the impugned order. Therefore, the writ appeal stands dismissed. Speaking/Non speaking order (T.R.,A.C.J.) (D.B.C.,J.) Index : yes/no 09.02.2023 ss To

1. The Executive Director (SRTS-II) First Appellate Authority Power Grid Corporation of India Limited Singanayakanahalli Yelahanka Hobli Bengaluru 560 064

2. The Public Information Officer Power Grid Corporation of India Limited Southern Regional Transmission System-II RHQ Singanayakanahalli Yelahanka Hobli Bengaluru 560 064

3. Power Grid Corporation of India Sriperumbudur

Tamil Nadu 602 105

THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

ss 09.02.2023