3 days ago
Nirmiti Kendras fall under RTI Act ambit, rules Karnataka HC
The Karnataka High Court ruled last week that Nirmiti Kendras, which were set up to develop construction skills and carry out state civil contracts, are subject to the Right to Information (RTI) Act.
The order was passed by a single-judge bench of Justice Suraj Govindaraj on August 6.
The bench also imposed an additional cost of Rs 50,000 on the Nirmiti Kendra in Chitradurga district, which had approached the high court against a State Information Commission order directing it to pay a cost of Rs 25,000 and submit certain documents sought by an RTI applicant in 2017.
The petition argued that a Nirmiti Kendra is a private society, and this being the case, does not count as a 'public authority' under the RTI Act. Unless a body is a public authority, they are not bound to provide such information, the petition claimed.
The opposing counsel argued that the Nirmiti Kendra was established to carry out the activities of the state, and the state government had substantial control and financed it, making it subject to the RTI Act. He also argued that even if it was an NGO, this would still apply as it was financed by the government.
The bench observed that Nirmiti Kendras were established on the recommendation of the Rural Development and Panchayat Raj Department, and government officers, including IAS and Karnataka Administrative Service officers, ran their daily operations. It also pointed out that the source of funding was the Housing and Urban Development Corporation, a public sector entity. This being the case, the court ruled, the Kendras were subject to the RTI Act.
'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,' the bench said.
'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,' it added.
