The main legal point established in the judgment is that the presence of serving government officers in an organization does not necessarily imply control or substantial financing by the government, and each case must be considered based on its specific circumstances.

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 the Constitution;

(b) by any other law made by Parliament;

(c) by any other law made by State Legislature;

(d) by notification issued or order made by the appropriate Government, and includes any –

(i) body owned, controlled or substantially financed;

(ii) non-Government Organization substantially financed, directly or indirectly by funds provided by the appropriate Government;”

3. The appellant is a Society registered on 20th May, 1987 at Delhi under the Societies Registration Act, 1860 with the aims and objects inter alia:

“(a) To promote Housing Scheme as a Welfare measure in the Army / Ex-servicemen to provide cheap houses to them at places of their choice in India and to start pilot project in Delhi and its satellite town immediately.

(b) To facilitate relief to the existing deficiencies of Government accommodation at various stations in the country and to provide suitable rehabilitation opportunities in the said category.

(c) To offer accommodation at no profit / no loss basis.

(d) To form sub committee, to initiate such schemes as are deemed necessary and as are expedient in the interest of the organization, its employees and / or members and as is found desirable for the fulfilment of the aims and objectives of the organization. Also to perform or cause to be performed such and similar acts and needs which facilitate smooth and uninterrupted working of the organization and connotes with the principle aims of the organization.

(e) All the activities of this Society as mentioned above from 3(a) to 3(c) will be carried out without any profit nature. The income and property of the Society whenever derived shall be applied Society towards to promotion of the objects of the association set forth in this memorandum of association and no proportion by way divided or bonus or otherwise shall be paid to any person who at any time are or have been members of the Society or to any of them or to any person claiming through them, provided that nothing herein contained shall prevent the payment in good faith of remuneration to any employee (officer or servant) of the society thereof or to any other person outside the society in return for any services actually rendered to, for and on behalf of the society or interest on money borrower by or for the purposes of the society from any person whether a member of the society or otherwise.”

with its registered office at South Block, Adjutant General Branch, Army Headquarters, New Delhi and on the application of, (i) the Adjutant General, (ii) Deputy Adjutant General, (iii) Director of Personnel Service, (iv) Director General of Work, (v) Director of Quartering, all three of the Adjutant General?s Branch, (vi) Director Army Welfare Housing Organization, (vii) Deputy Director of Army Welfare Housing Operation and (vi