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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ
Pio & The Project Director Nirmiti Kendra – Appellant
Versus
State Information Commissioner – Respondent
ORDER :
1. The Petitioner, PIO and the Project Director, Nirmiti Kendra, near Medahalli, Chitradurga District, is before this Court seeking for the following reliefs:
i. To issue a writ of certiorari by quashing the impugned order in KIC 13961 APL 2015 dated 29.08.2017 as per Annexure-A passed by the 1st Respondent.
ii. To call for the entire records in KIC 13961 APL 2015 dated 29.08.2017 from the 1st respondent from Karnataka Information Commission CH No.3.-
iii. To pass an appropriate order/s as deems fit by this Hon’ble Court in the interest of justice and equity.
2. The Petitioner-Nirmiti Kendra is stated to be registered under the Karnataka Societies Registration Act, 1960, and is governed by the Rules and Regulations of the Societies Registration Act. It is contended that the Nirmiti Kendra is a private Society and it is not financed or aided by the State or Central Government.
3. The object of the Nirmiti Kendra being to develop skills in the construction area and carry out the civil contract/s assigned by the State. It is contended that the Nirmiti Kendra is governed by its governing body and as such, would not come within the purview of the Right to Information Act, 2005 (herein
Nirmiti Kendra is a public authority under the RTI Act, subject to transparency requirements due to government control and funding.
The High Court ruled that the petitioner qualifies as a 'Government Entity,' thereby eligible for tax exemption under the Karnataka GST Act due to 100% government control and funding.
A body is classified as a public authority under the RTI Act if it is substantially financed and controlled by the government, emphasizing transparency in public administration.
The Air Force Sports Complex is not a public authority under the RTI Act as it lacks substantial government control and financing, operating independently without performing public functions.
Temples do not qualify as a 'Public Authority' under the RTI Act as they are not owned, controlled, or substantially financed by the government, thus invalidating a prior circular imposing such desig....
Temples do not qualify as 'Public Authorities' under the Right to Information Act as they are neither owned nor substantially financed by the government; mere public contributions do not equate to go....
The court established that a Comunidade is not a public authority under the RTI Act, thus not subject to its obligations.
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