2011 Supreme(P&H) 1137

2011(2) Law Herald (P&H) 1665
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Mehinder Singh Sullar
Civil Writ Petition No.19224 of 2006
The Hindu Urban Cooperative Bank Limited
v.
The State Information Commission & Ors.
{Decided on 09/05/2011}

IMPROTANT POINTS
Right to Information--Punjab Cricket Association, Mohali enjoying tax explanation--RTI Act will apply.
Right to Information--Private Aided Schools--Received financial and from Govt. in form of relaxation in lease rules in allotment of land and also grant of salaries against sanctioned posts--Comes under preview of RTI Act.
Public Authority--Cooperative Societies, Banks, Sugar Mills, Aided Schools, Clubs and Institutions registered under provision of Punjab/Haryana Cooperative Societies Acts would be covered under preview of RTI Act.

Headnote:(A) Right to Information Act, 2005, S.2(h)--Scope of--Right to Information was formulated to proclaim and create a personal regime of right to information for citizens for a layer public interest in a democratic republic of the country. (Para 34)

       (B) Right to Information Act, 2005, S.2(h)--‘Public Authority’--Meaning of--Explained--Held; apart from the authorities established or constituted by the Government depicted in clauses (a) to (c) and any authority, body owned, controlled and non-Government Organization substantially financed by funds provided directly or indirectly by the appropriate government as mentioned in subclauses (i) & (ii) of clause (d) would squarely falls within the ambit of public authority independently as provided under section 2(h) of the Act and are legally required to provide informations to the complainants. (Paras 36, 37 & 38)

       (C) Right to Information Act, 2005, S.2(h)--Cooperative Societies comes under the preview of Right to Information Act--Held; All the cooperative Societies registered under the cooperative Societies Acts are public authorities and are bound to act in conformity with the provisions of the RTI Act.

       (D) Right to Information Act, 2005, S.2(h)--Punjab Cricket Association, Mohali enjoying tax explanation--RTI Act will apply because PCA is substantially financed directly or indirectly by appropriate Government inform of grants and aids--Also govt. is providing security on every occasion by spending huge amount of payment on police agencies. (Para 68)

       (E) Right to Information Act, 2005, S.2(h)--Private Aided Schools--Received financial and from Govt. in form of relation in lease rules in allotment of land and also grant of salaries against sanctioned posts--Comes under preview of RTI Act. (Para 63 & 65)

       (F) Right to Information Act, 2005, S.2(h)--Public Authority--Cooperative Societies--The deep and pervasive control as required under Article 12, is not required and essential ingredient for invoking the provisions of RTI Act.

       The primary purpose of instrumentality of the State is in relation to enforcement of the fundamental rights through Courts, whereas the RTI Act is intended to achieve, access to information and to provide an effective framework for effecting the right to information recognized under Article 19 of the Constitution.

       (G) Right to Information Act, 2005, S.2(h)--Right to information--Meaning of--Right to information accessible under this Act which is held by or under the control of any public authority and includes the right to--(i) inspection of work, documents, records; (ii) taking notes, extracts, or certified copies of documents or records; (iii) taking certified samples of material; and (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device. (Para 29)

       (H) Right to Information Act, 2005, S.2(h)--Public Authority--Cooperative Societies, Banks, Sugar Mills, Aided Schools, Clubs and Institutions registered under provision of Punjab/Haryana Cooperative Societies Acts would be Covered under preview of RTI Act.

       Held; that, inter-alia, if the epitome of the facts (i) that the petitioner-Institutions cannot come into existence and function unless registered and regulated by the provisions; (ii) the control of the State Government over them, through the medium of the provisions of the indicated Acts/Rules, (iii) substantially financed by the funds provided directly or indirectly by the appropriate Government, (iv) the mandate and command of the provisions of the RTI Act; (v) their public dealing, (vi) preamble, aims, objects and regime of this Act, (vii) the larger public interest--The conclusion is inevitable and inescapable that the petitioner-institutions squarely fall within the ambit and scope of definition of public authorities and are legally required to impart the indicated informations to the complainants as envisaged under the RTI Act. If the contrary arguments--Are accepted, then-- It will nullify the aims and objects of the RTI Act, perpetuating and inculcating the injustice to the larger public interest in general and to the complainants in particular in this context.

       (I) Right to Information Act, 2005--Exemption Clause--Held; Only those informations are exempted, the disclosure of which, has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual, unless the authorities are satisfied that the larger public interest justifies the disclosure of such information. (Para 87)