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2010 Supreme(Del) 495

S.MURALIDHAR
DELHI SIKH GURUDWARA MANAGEMENT COMMITTEE – Appellant
Versus
MOHINDER SINGH MATHARUQ – Respondent


Advocate Appeared:
Mr. K.T.S. Tulsi, Sr. Advocate with Mr. Raj Kamal, Advocate
Mr. Gurbaksh Singh and Ms. Meenakshi Sharma, Advocates

JUDGEMENT

1. The short question that arises for determination is whether the Delhi Sikh Gurudwara Management Committee (“DSGMC”) is a public authority within the meaning of Section 2(h) of the Right to Information Act, 2005 (“RTI Act”)?

2. On 22nd July 2009, the CIC held the DSGMC, which is established under Section 3 of the Delhi Sikh Gurudwaras Act, 1971 (“DSG Act”) to be a public authority under the RTI Act. The Respondents in both writ petitions were initially unsuccessful in seeking information from the DSGMC pursuant to the applications filed by them under the RTI Act. In the second appeal filed by each of them the CIC passed orders directing the DSGMC to provide them the information before 5th August, 2009. When there was continued non-compliance by the DSGMC, the CIC directed notice to the Public Information Officer (“PIO”). Thereafter, a notice was sent to the General Manager of the DSGMC. He was unable to give any valid explanation for not complying with the CIC’s orders. Accordingly, a penalty of Rs.25,000/- was levied on the General Manager and the penalty was asked to be recovered from his salary. Aggrieved by the said orders, the DSGMC has filed these writ petitions.























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