G.ROHINI, RAJIV SAHAI ENDLAW
Army Welfare Housing Organisation – Appellant
Versus
Adjutant General’s Branch – Respondent
Rajiv Sahai Endlaw, J.
1. This intra-court appeal impugns the judgment dated 4th September, 2013 of the learned Single Judge of this Court of dismissal of W.P.(C) No.5567/2013 preferred by the appellant. The said writ petition was preferred impugning the order dated 23rd July, 2013 of the Central Information Commission (CIC) holding the appellant to be a public authority within the meaning of Section 2 (h) of the Right to Information Act, 2005 (RTI Act) and directing the appellant to designate a Central Public Information Officer and a First Appellate Authority within the meaning of the RTI Act.
2. The RTI Act, vide Section 3 thereof vests in all citizens the right to information. However the said right of citizens to information, under the Act, is enforceable against the public authorities only and for exercise of which right, the Act creates obligations on the public authorities to maintain, display and dispense information and lays down the mechanism for exercise of such right. Public Authority is defined in Section 2(h) of the Act as under:
“(h) “public authority” means any authority or body or institution of self-government established or constituted,-
(a) by or under t
Brij Bhushan Gupta Vs. Union of India 42(1990) DLT 537
Thalappalam Service Co-operative Bank Ltd. Vs. State of Kerala (2013) 12 SCALE 527
Bhuri Nath Vs. State of Jammu & Kashmir (1997) 2 SCC 745
Pradeep Kumar Biswas Vs. Indian Institute of Chemical Biology (2002) 5 SCC 111
Union of India Vs. Chotelal (1999) 1 SCC 554
Air Vice Marshal J.S. Kumar Vs. Governing Council of Air Force (126) 2006 DLT 330
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