Nirmathi Kendra Is A Public Authority Under Right To Information Act: Karnataka High Court
The Karnataka High Court said that Nirmathi Kendra is under the complete control of Government servants.
Justice Suraj Govindaraj, Karnataka High Court
The Karnataka High Court held that a Nirmathi Kendra is a public authority in terms of Section 2(h) of the Right to Information Act, 2005 (RTI Act).
The Court held thus in a Writ Petition filed by PIO and the Project Director, Nirmiti Kendra, near Medahalli, Chitradurga District against the Order of the State Information Commissioner (SIC).
A Single Bench of Justice Suraj Govindaraj observed, “Insofar as the funding is concerned, as observed supra, the funding is by HUDCO, Government organisations, and financial institutions, and these funds are used for the implementation of public works. Thus, not only is the funding provided by the Government, but the works carried out by Nirmathi Kendra are also considered Government works. … I answer the question framed by holding that, a Nirmathi Kendra would be a public authority in terms of Section 2(h) of the RTI Act.”
The Bench said that Nirmathi Kendra is under the complete control of Government servants.
Senior Advocate Jayakumar S. Patil appeared for the Petitioner while HCGP M. Srinivas Kumar, Advocates J. Prashanth, Amruthesh N., and Rajashekar K. appeared for the Respondents.
Facts of the Case
The Petitioner-Nirmiti Kendra was registered under the Karnataka Societies Registration Act, 1960, and was governed by the Rules and Regulations of the Societies Registration Act. It was contended that the Nirmiti Kendra is a private society and it is not financed or aided by the State or Central Government. The object of the Nirmiti Kendra is to develop skills in the construction area and carry out the civil contract/s assigned by the State. It was contended that the Nirmiti Kendra is governed by its governing body and as such, would not come within the purview of the RTI Act.
Reasoning
The High Court after hearing the contentions of the counsel, noted, “… the control and supervision of the Nirmiti Kendra is by Government Officers, the funding is from HUDCO, which is again a Government entity, and contracts are issued by the government for the works done. There is a preference for the Nirmiti Kendra to carry out works of the Government.”
The Court added that it is not only funding, but also control, which would have to be considered to determine whether it is a public authority or not.
“Nirmiti Kendras were established on the recommendation of the Rural Development and Panchayat Raj Department. A working committee comprising Government Officers was created, comprising Secretaries, Chief Engineers, etc., to supervise the working of the Nirmiti Kendra”, it said.
The Court further noted that the general body of the Nirmiti Kendra consists of all the top officers of each District, and the day-to-day activities of the Nirmiti Kendra are run by officers belonging to the State Government, many of whom belong to the Indian Administrative Service and the Karnataka Administrative Service and thus, it is clear that Nirmathi Kendra is under the complete control of Government servants.
“In that view of the matter, the finding and conclusion of the Karnataka Information Commission and the direction issued to furnish the document sought for cannot be faulted. It is not expected of a Governmental authority and the officers of the Nirmathi Kendra, who are Government officers, to have taken such a stand that a Nirmathi Kendra would not come within the purview of the RTI Act”, it also observed.
Conclusion
The Court remarked that all the Government offices and Departments are subject to RTI Act and are required to make available the information sought for and the attempt made by the officers of Nirmathi Kendra to suppress such transparency leaves much to be desired and does not inspire confidence.
“By way of such conduct, the petitioner Nirmathi Kendra has successfully avoided disclosure of information and details. In that view of the matter, I am of the considered opinion that the costs would also have to be imposed on the Nirmathi Kendra”, it concluded.
Accordingly, the High Court dismissed the Writ Petition and imposed a cost of Rs. 50,000/- payable to the Karnataka State Legal Service Authority, within a period of three weeks.
Cause Title- PIO and the Project Director v. The State Information Commissioner & Ors. (Neutral Citation: 2025:KHC:30716)
Appearance:
Petitioner: Senior Advocate Jayakumar S. Patil and Advocate Rahul P.
Respondents: HCGP M. Srinivas Kumar, Advocates J. Prashanth, Amruthesh N., and Rajashekar K.
