DATE WITH RTI

CPIO and FAA of Shri Ram Janmbhoomi Teerth Kshetra Trust

The applicant sought the name of CPIO and FAA of Shri Ram Janmbhoomi Teerth Kshetra Trust. The CPIO/Director (NI) replied that he is the CPIO in respect of Ayodhya section of JKL division of the Ministry of Home Affairs. It was further mentioned that the Trust has been constituted by the Government of India as per the directions of the Hon’ble Supreme Court given in the judgment dated 09.11.2019 in CA No 10866-67 of 2010 vide notification dated 05.05.2020. The said trust is an autonomous organisation /body. The CIC held that the reply of the PIO is not in consonance with the provisions of the RTI Act because though information sought by the Applicant has not been provided to him, none of the provisions of the RTI Act have been cited for the tacit denial. The reply sent by the PIO was found untenable in law. The CIC directed Shri Harish Kumar Wadhwa, CPIO and Dy Secretary, Arms and NI/ Ayodhya, Ministry of Home Affairs to re-examine the RTI application and provide a revised point wise response strictly in accordance with the provisions of the RTI Act to the Applicant within three weeks. The CIC made it clear that non-compliance of these directions shall attract penal action, as per law.

Comments

The Delhi High Court in the case of National Stock Exchange of India Ltd. v. CIC & Ors. has held that a private company upon its incorporation or registration does not become an authority or institution of self-government as defined under section 2(h) of the RTI Act, but by a subsequent enactment or order/notification issued can become an authority or institution of self-government. The words ‘established' or ‘constituted' have to be read in a manner so as to effectuate the legislative intent in Section 2(h) of the RTI Act.

Citation: Shri Neeraj Sharma v. Ministry of Home Affairs and Shri Ram Janmbhoomi Teerth Kshetra Trust in Second Appeal No. CIC/MHOME/C/2021/606547 CIC/MHOME/A/2021/609248 CIC/MHOME/C/2021/612823 CIC/MHOME/A/2021/625152, Date of Decision: 08.07.2022

Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com

 

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