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2025 Supreme(Online)(CIC) 2317
CENTRAL INFORMATION COMMISSION
Shri Heeralal Samariya, CJ
Shri Neeraj Sharma – Appellant
Versus
PIO, Ministry of Home Affairs – Respondent
Complaint No. CIC/MHOME/C/2021/612823
For the Appellants/Petitioners:
For the Respondents: Ms. Manisha Agarwal, Shi P Venukuttan, Shri K R Murmu
The trust 'Shri Ram Janmbhoomi Teerth Kshetra' is not a public authority under the RTI Act, as it is independent and not controlled or financed by the government.
Headnote:(A) Right to Information Act, 2005 - Section 2(h) - Public Authority - The complainant sought information regarding public information officers for a trust established by the government - The PIO denied the request, stating the trust is not a public authority under the RTI Act - The Commission found the PIO's reply untenable as it lacked legal citation for denial. The Commission directed the PIO to provide a revised response as per the RTI Act provisions. (Paras 12, 13, 14, 15)
(B) Information Disclosure - The PIO is obligated to provide information that is available and held by the public authority, not to create new information. (Paras 10, 11)
Facts of the case:
The complainant filed an RTI application seeking details of public information officers for 'Shri Ram Janmbhoomi Teerth Kshetra'. Dissatisfied with the PIO's response, the complainant approached the Commission. The PIO maintained that the trust is not a public authority as per Section 2(h) of the RTI Act.
Findings of Court:
The Commission directed the PIO to re-examine the RTI application and respond accordingly within three weeks, emphasizing compliance with the RTI Act.
Issues: Whether the 'Shri Ram Janmbhoomi Teerth Kshetra' Trust qualifies as a public authority under Section 2(h) of the RTI Act.
Ratio Decidendi: The Commission ruled that the PIO's denial lacked legal basis and directed compliance with the RTI Act, emphasizing the obligation to provide available information.
Result: The case was disposed of, with no action under Section 18 of the RTI Act required.
| Table of Content |
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| 1. trust's status as public authority under rti (Para 11) |
Information sought and background of the case:
The Complainant filed an RTI application dated 20.01.2021 seeking information on the following points:-
2.1 “Please provide the details of Central public information officers and First Appellate Authority for the public authority "Shri Ram Janmbhoomi Teerth Kshetra" created with notification CG-DL-E-05022020-215935 dated 5 February 2020 by Govt. of India.
According to RTI section 5 of RTI act CPIO & FAA should be appointed within 100 days.
2.2 Please also update the details of Central public information officers and First Appellate Authority for the public authority "Shri Ram Janmbhoomi Teerth Kshetra" on the website https://srjbtkshetra.org.”
Dissatisfied with the non-receipt of information from the CPIO, the Complainant approached the Commission with the instant Complaint.
Facts emerging in Course of Hearing:
A written submission dated 30.06.2022 has been received from the CPIO/DS(Arms & NI/Ayodhya) reiterating aforementioned PIO’s reply. The Complainant had filed an online First Appeal dated 24.02.2021 which had also been decided by FAA’s order dated 08.03.2021 upholding the PIO’s reply and stating that: CPIO is bound to provide only that information which is available with him. It is important to note that only such information can be supplied under the Act which is available and existing and in held by the public authority or is held under the control of the public authority. The Public information officer in not supposed to create information or to do research on behalf of any citizen.
Records of the case reveal that the instant case with three other connected cases had been heard by the Bench of the erstwhile Chief Information Commission on 04.07.2022, and decided as under:
“ Upon perusal of the facts of the case, the Commission is of the considered opinion that the reply of the PIO is not in consonance with the provisions of the RTI Act because though information sought by the Applicant has not been provided to him, none of the provisions of the RTI Act has been cited for the tacit denial. Therefore, the reply sent by the PIO is found untenable in law.
Under the circumstances, the Commission directs Shri Harish Kumar Wadhwa, CPIO and Dy Secretary, Arms and NI/ Ayodhya, M/o Home Affairs to re-examine the RTI application and provide a revised point wise response strictly in accordance with the provisions of the RTI Act, 2005 to the Applicant within three weeks of receipt of this order. The Respondent shall submit a compliance report in this regard alongwith necessary proof of service by 31.07.2022. It is made clear that non-compliance of these directions shall attract penal action, as per law.
The aforementioned cases are disposed off accordingly.”
In compliance of the aforementioned directions of the Commission, the PIO, JKL Division/Ayodhya Section, MHA sent a communication dated 28.07.2022 to the Complainant stating as under:
(1) The information sought by you is not held in this office.
(2) Further, section 2(h) of RTI Act, 2005 defines "Public Authority" as 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 -
(1) body owned, controlled or substantially financed;
(ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government;
3. The Trust has been constituted as per directions of the Hon’ble Supreme Court given in its judgment dated 09.11.2019 in C.A. No. 10866-67 of 2010 and registered on 05.02.2020. The said Shri Ram Janmbhoomi Teerth Kshetra Trust is a body which is neither owned, controlled nor financed by Government of India; and is an independent and autonomous organization/body itself. As such, it does not fa
