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Indian Express
3 days ago
- Politics
- Indian Express
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.
Time of India
4 days ago
- Business
- Time of India
Nirmiti Kendra is public authority under RTI Act: Karnataka HC
Bengaluru: The Karnataka high court has ruled that Nirmiti Kendra, established by the state govt and controlled by govt officers, qualifies as a public authority under Section 2(h) of the Right to Information Act. Additionally, it imposed a cost of Rs 50,000 on the petitioner, Nirmiti Kendra at Medahalli in Chitradurga, for its refusal to disclose information. The Nirmiti Kendra had moved the HC against the State Information Commission's Aug 29, 2017 order to provide information sought by applicant HR Thimmaiah, the president of Bharath Krishik Samaj, Hiriyur, Chitradurga district. The information commission had also imposed a penalty of Rs 25,000 on the kendra. The Medahalli Nimriti Kendra refused to furnish information, arguing that as it was not a public authority, it was not subject to the RTI Act. You Can Also Check: Bengaluru AQI | Weather in Bengaluru | Bank Holidays in Bengaluru | Public Holidays in Bengaluru | Gold Rates Today in Bengaluru | Silver Rates Today in Bengaluru Justice Suraj Govindaraj noted that the rural development and panchayath raj department initiated the establishment of Nirmiti Kendras with funding from HUDCO and a govt order sanctioned the setup of seven such kendras. He pointed out that the chief executive officer of the zilla panchayat serves as the chairman of the governing body, and records show that Nirmiti Kendras are under the control and supervision of govt officers. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Remember Him? Sit Down Before You See What He Looks Like Now 33 Bridges Undo Funding originates from HUDCO, a govt entity, and govt contracts are issued for works undertaken by the kendras, which prioritise govt projects. "In that view of the matter, the finding and conclusion of the Karnataka Information Commission and the direction issued to furnish the document sought cannot be faulted. It is not expected of a governmental authority and the officers of the Nirmiti Kendra, who are govt officers, to have taken such a stand that a Nirmiti Kendra would not come within the purview of the RTI Act. All the govt offices and departments are subject to the RTI Act and are required to make available the information sought," ruled the HC. "The attempt made by the officers to suppress such transparency leaves much to be desired and does not inspire confidence. By way of such conduct, Nirmiti Kendra avoided the disclosure of information. I'm of the opinion that the costs would also have to be imposed on Nirmiti Kendra," Justice Suraj Govindaraj noted. Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area.
