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Indian Express
5 hours ago
- Politics
- Indian Express
Lack of vacancy in specific private aided institution not grounds to deny compassionate appointment: Karnataka HC
The Karnataka High Court has observed that in private aided institutions, a lack of vacancy in a specific institute should not be a ground to deny compassionate appointment. Instead, vacancies elsewhere in the district or state could be taken into account for the purpose of these appointments. The July 31 order passed by a single-judge bench of Justice Suraj Govindaraj was recently made public. The case in question involved Santosh Wadakar, whose father had passed away while in service as a first grade assistant in an aided institution in Karnataka's Bagalkot district in 2009. Wadakar applied for compassionate appointment, but this was rejected by the deputy director of the pre-university education department, saying there was no vacancy in the institute where his father was employed. Wadakar's counsel argued that as per the Karnataka Pre-University Education Rules, 2010, vacancies had to be considered not only in the same institute but across the district and state as well. The bench agreed, stating, '…the petitioner's application has been rejected solely on the ground that no vacancy exists in the institution where his father was working. This rejection is in clear contravention of the mandate …..The respondents are duty-bound to act in strict conformity with the Rules while considering the petitioner's legitimate claim for compassionate appointment.' The court then directed that efforts be made to fill vacancies at the district, or failing that, at the state level for this compassionate appointment within eight weeks of the order being received. Meanwhile, in a related issue, the Karnataka High Court had released guidelines for compassionate appointments, including steps to assist applicants such as widows and illiterate persons with the technicalities of the application process.
New Indian Express
6 hours ago
- Politics
- New Indian Express
Karnataka High Court raps Nirmiti Kendra, says RTI Act applicable
BENGALURU: The Karnataka High Court ruled that the Right to Information (RTI) Act is applicable to Nirmiti Kendra. 'Nirmiti Kendra would be a public authority in terms of Section 2(h) of the RTI Act,' the court said, imposing a cost of Rs 50,000 on it for suppressing information sought by the applicant. Justice Suraj Govindaraj passed the order while dismissing the petition filed by the Public Information Officer (PIO) and project director of Nirmiti Kendra in Chitradurga district. The petition was filed against the order dated August 29, 2017, passed by the Karnataka Information Commission, which directed the petitioner to furnish information sought by applicants, while also imposing a cost of Rs 25,000 on it. It was contended in the petition that Nirmiti Kendra is a private society, and not financed or aided by the state or central government. The court said the direction issued by the Karnataka Information Commission to furnish the document sought by the applicant cannot be faulted. It is not expected of a government authority and officers of Nirmiti Kendra, who are government officers, to have taken such a stand that Nirmiti Kendra would not come within the purview of the RTI Act. 'All government officers and departments are subject to the RTI Act and required to make available the information sought. The attempt made by officers of Nirmiti Kendra to suppress such transparency leaves much to be desired, and does not inspire confidence. The petitioner has successfully avoided disclosure of information and details. In view of this, cost of Rs 50,000 is imposed,' the court said.
Time of India
12 hours 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.
Deccan Herald
18 hours ago
- Deccan Herald
Nirmiti Kendra a public authority in terms of RTI Act, Karnataka High Court rules
Justice Suraj Govindaraj held this while imposing a cost of Rs 50,000 upon the petitioner.
The Hindu
19 hours 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.
