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2012 Supreme(Del) 120

VIPIN SANGHI
Northern Zone Railway Employees Co-Operative Thrift & Credit Society Ltd – Appellant
Versus
Central Registrar Cooperative Society – Respondent


Advocates appeared:
For the Petitioner:S.K. Bhaduri, K. Kumar, Advocates.
For the Respondents:R-1 & R2, Anuj Aggarwal with Gaurav Khanna, R4, Abhishek Yadav, R6 & R7, Ms. Vibha Mahajan Seth, Advocates.

Judgment :-

Vipin Sanghi, J.

1. These are two petitions, preferred by the Northern Zone Railway Employees Cooperative Thrift and Credit Society Limited (in short “NZRE”), to assail two orders, dated 15th June, 2009 (in W.P.(C) No. 12210/2009 ) and dated 22nd June, 2009 (in W.P.(C) 13550/2009) passed by the CIC, whereby the learned CIC has, inter alia, held that the petitioner is a “public authority” within the meaning of Section 2(h) of the Right to Information Act, 2005 (in short “RTI Act”), and on that basis, issued directions to the petitioner and imposed penalty on the petitioner.

2. The queriests in these cases raised various queries relating to the petitioner, upon Northern Railway. In those proceedings, wherein the petitioner was not a party and was not noticed at all, the learned CIC has taken a view that the petitioner is a public authority. For this purpose, the CIC has relied upon an earlier order dated 14th July, 2008 passed in case no. CIC/OK/A/2008/00211 wherein also, the respondent/public authority before the CIC, was Northern Railway. In the said order dated 14th July, 2008 the CIC had observed as follows:-

“……During the hearing, the Respondents admitted that the NZRE

















































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