Nirmiti Kendra a public authority in terms of RTI Act, Karnataka High Court rules

The Karnataka High Court has ruled that a Nirmiti Kendra would be a public authority in terms of Section 2(h) of the Right to Information (RTI) Act.

Justice Suraj Govindaraj held this while imposing a cost of Rs 50,000 upon the petitioner; Nirmiti Kendra, Medahalli, Chitradurga, for avoiding disclosure of information and details.

The petitioner, Public Information Officer of the Nirmiti Kendra, had challenged the order passed by the Karnataka Information Commission in 2017 on the appeal filed by HR Thimmaiah, President, Bharath Krishik Samaj, Hiriyur, Chitradurga district.

Thimmaiah had filed an application under the RTI seeking information about the funding and other details from the Nirmiti Kendra Medahalli. He moved the Information Commission after the Nirmiti Kendra said it would not come under the RTI Act.

On August 29, 2017, the Information Commission not only directed the Nirmiti Kendra to provide the information but also imposed a cost of Rs 25,000.

Challenging this order, Nirmiti Kendra argued that since it is not a Public Authority, it would not be amenable to the rigor of the RTI Act and no information is required to be furnished by it to any applicant. On the other hand, the applicant Thimmaiah contended that the Nirmiti Kendra was established by way of a Government Order, funding through HUDCO and the activities being recommended by the Rural Development and Panchayat Raj Department, the Nirmiti Kendra would be a public Authority.

Justice Suraj Govindaraj noted that section 2 (h) of the RTI Act would indicate that it is not only funding, but also control, which would have to be considered to determine whether it is a public authority or not. Insofar as control is concerned, a working committee comprising government officers was created, comprising secretaries, Chief Engineers, etc., to supervise the working of the Nirmiti Kendra, the court said.

“The general body of the Nirmiti Kendra consists of all the top officers of each District, and the day-to-day activities of the Nirmiti Kendra are run by officers belonging to the State Government, many of whom belong to the Indian Administrative Service and the Karnataka Administrative Service. Thus, it is clear that Nirmiti Kendra is under the complete control of Government servants,” Justice Suraj Govindaraj said.

The court also said that since the funding is used for the implementation of public works, the works carried out by Nirmiti Kendra are also considered Government works.

“It is not expected of a Governmental authority and the officers of the Nirmiti Kendra, who are Government officers, to have taken such a stand that a Nirmiti Kendra would not come within the purview of the RTI Act. All the Government offices and Departments are subject to RTI Act and are required to make available the information sought for. The attempt made by the officers of Nirmiti Kendra to suppress such transparency leaves much to be desired and does not inspire confidence,” the court said, while imposing the cost to be payable to the Karnataka State Legal Services Authority.