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The Hindu
3 days ago
- Politics
- The Hindu
Karnataka High Court criticises conduct of officials of Nirmithi Kendra in denying information under RTI Act
The High Court of Karnataka has criticised the conduct of officials of the Nirmithi Kendra in attempting to suppress transparency by claiming that the Right to Information (RTI) Act is not applicable to the kendra, even though it is sponsored and controlled by the State government through the Rural Development and Panchayat Raj (RDPR) Department. 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.
The Hindu
22-06-2025
- Politics
- The Hindu
Information Commission orders SCOLE Kerala and Nirmithi Kendras to adhere to RTI Act
The Kerala State Information Commission has brought the State Council for Open and Lifelong Education (SCOLE) Kerala and the Nirmithi Kendras functioning across the State under the ambit of the Right to Information (RTI) Act, 2005. In the first case, the applicant, Krishnan Kutty K. from Palakkad, had requested information from SCOLE Kerala, which operates under the General Education department. Denying information sought under the RTI Act, the institution claimed that it was not bound by the law. Considering the applicant's appeal, State Information Commissioner Sreekumar M. stated that SCOLE Kerala qualifies as a public institution under Section 2(h)(c) of the RTI Act. The commission also pointed out that the administration of SCOLE Kerala is governed by an Executive Council, which includes the Minister of General Education, an Additional Secretary, the Director of General Education and Finance Officer, as well as nominees from the public sector. Therefore, it was concluded that SCOLE Kerala falls under the full ownership and control of the government, as per Section 2(h)(i) of the RTI Act. Similarly, in another case, C. Pradeep Kumar from Adoor filed a petition regarding a denial of information from the Nirmithi Kendra in Thrissur. The Commission ruled that Nirmithi Kendras, which operate under government control, also fall under the RTI Act's jurisdiction. The governing body of these centres includes District Collectors, Sub-collectors, Project Officers, and other senior government officials, all of whom are responsible for overseeing the centres' administration. The Commission has instructed the authorities concerned in both cases to immediately appoint RTI officers in these institutions, and to provide the requested information to the petitioners within 15 days.
