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Right to Information Notice: Can My Brother Change My Dad’s Records?

Frequently Asked Legal Questions and AnswersCategory: Govt Service MattersRight to Information Notice: Can My Brother Change My Dad’s Records?
Siva asked 11 months ago

My 79-year-old father, a retired soldier, used his uncle's name as his father's name when he joined the army. His uncle acted as his guardian back then. This mistake followed him to his second government job after retirement. He tried to fix it, but couldn't. Now, his younger brother found out and sent a notice (using Right to Information) to my father's current workplace, claiming his father's name is wrong. We're worried about any legal action his brother might take. My father's current employer also wants an explanation.

Can you please help us with this legal situation Notice after Right to Information?

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Uncle's Name on Government Records: A Legal Fix for a Historical Mistake

Many families have unique stories, and sometimes, those stories lead to unexpected situations. This is the case for a man whose uncle acted as his guardian when he joined the army. Back then, his uncle's name was mistakenly listed as his father's name on his military records. This error followed him to his second government job after retirement, even though he tried to correct it earlier.Now, his younger brother has discovered the discrepancy and sent a Right to Information (RTI) notice to his current workplace, questioning the legitimacy of the father's name listed. This has caused concern about potential legal action and has prompted the employer to seek clarification.Right to Information Notice: Can My Brother Change My Dad's Records?

Here's what can be done to address this situation:

  1. Obtain Legal Advice: Consulting a lawyer specializing in government service matters is crucial. They can assess the situation and determine the best course of action.
  2. Gather Documentation: Collect all relevant documents, including the father's military discharge papers, proof of his attempts to correct the mistake earlier, and any communication received from the current employer regarding the RTI notice.
  3. Consider an Affidavit: An affidavit sworn by the father, explaining the circumstances under which his uncle's name was used and his efforts to rectify it, can be a powerful tool.
  4. Approach the Current Employer: With the lawyer's guidance, approach the current employer and explain the situation with supporting documentation, including the affidavit.
  5. Possible Solutions: Depending on the specific government department and its policies, potential solutions might include:
    • Internal Correction: The department might have internal procedures to rectify the error in the service records.
    • Court Order: In some cases, a court order declaring the true parentage might be necessary.

Remember:

  • Transparency and honesty are key.
  • Seeking legal advice early on can prevent unnecessary complications.
  • The specific solution will depend upon the government department's policies and the lawyer's recommendations.
By taking these steps, the situation can be resolved with minimal disruption and ensure peace of mind for the father and his family.
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