Karnataka High Court criticises conduct of officials of Nirmithi Kendra in denying information under RTI Act
The court has also imposed a cost of ₹50,000 on the Nirmithi Kendra, Chitradurga, for denying information under the RTI Act by claiming that it is not a public authority but a private society.
Justice Suraj Govindaraj passed the order, while dismissing a petition filed by the project director of Nirmithi Kendra, Chitradurga, who had questioned the State Information Commission's 2017 direction for providing information sought by some persons under the RTI Act.
The court noted that the government had set up Nirmithi Kendras for developing low-cost technology alternatives for rural housing, and its control and supervision is under many top officials of the zilla panchayats and the district administrations belonging to the cadre of the Indian Administrative Service and the Karnataka Administrative Service,
Besides, these kendras are being funded by HUDCO, which is a government entity, and contracts are given to the kendra by the State government, and there is a preference for these kendras to carry out works of the government, the court pointed out.
A perusal of Section 2(h) of the RTI Act would indicate 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, the court said, while pointing out that not only the funding for these kendras is provided by the government, but the works carried out by them are also considered government's works.
'The attempt made by the officers of Nirmithi Kendra to suppress such transparency leaves much to be desired and does not inspire confidence. By way of such conduct, the Nirmithi Kendra, Chitradurga, has successfully avoided disclosure of information and details,' the court said, while declaring that Nirmithi Kendras as public authorities under the provisions of the RTI Act.
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