Central Information Commission
J Velayutham vs Revenue And Disaster Management on 1 November, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/UTPON/A/2023/132065
CIC/UTPON/A/2023/640131
CIC/REVAD/A/2023/647120
CIC/UTPON/A/2023/647062
CIC/REVAD/A/2023/651890
CIC/UTPON/A/2023/654509
CIC/UTPON/A/2023/148164
J Velayutham .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Department of Hindu Religious
Institutions and Waqf, 3rd Floor, Collectorate Complex,
Pettaiyanchathiram,
Aruthra Nagar, Puducherry - 605009 .... ितवादीगण /Respondent
Date of Hearing : 25.10.2024
Date of Decision : 30.10.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned Appeals have been clubbed together for disposal
through common order as these are based on similar RTI applications of the
same appellant against same public authority.
Page 1 of 32
CIC/UTPON/A/2023/132065
Relevant facts emerging from appeal:
RTI application filed on : 20.03.2023
CPIO replied on : 26.04.2023
First appeal filed on : 22.04.2023
First Appellate Authority's order : 05.07.2023
2nd Appeal/Complaint dated : 29.07.2023
Information sought:
The Appellant filed an RTI application dated 20.03.2023 seeking the following information:
"1. How are the members of the new Board of Trustees elected by Government Order (1972 PHRI Act 4(1))?
2. What is the term of office for the members of the Board of Trustees elected by Government Order (1972 PHRI Act 4(1))? What are the procedures to be followed by PHRI for the extension of term/designation?
3. What are the duties, rights (powers), and responsibilities of the Board of Trustees (Chairman, Treasurer, etc.) elected by Government Order (1972 PHRI Act 4(1))? Please list the details.
4. Which records/registers are mandatorily maintained by the Board of Trustees elected by Government Order (1972 PHRI Act 4(1))? Please provide a detailed list.
5. What procedures/regulations does PHRI follow when the term of office of the Board of Trustees elected by Government Order (1972 PHRI Act 4(1)) expires or if they resign?
6. How to notify the PHRI after the term of office of the Board of Trustees, elected by Government Order (1972 PHRI Act 4(1)), has expired? Who is responsible for reporting to the PHRI?
7. After the expiry of the term of office of the Board of Trustees elected by Government Order (1972 PHRI Act 4(1)), can PHRI resume their tenure without a government mandate? If yes, what procedures should be followed by the Board of Trustees?Page 2 of 32
8. After the expiry of the term of office of the Board of Trustees elected by Government Order (1972 PHRI Act 4(1)), what if the same (former) Board of Trustees were to extend their term of office through PHRI? What PHRI procedures/regulations should be followed?
9. What is stated in 5, 5(A), and 5(B) of the PHRI Act 1972? Please provide its details (content in the Tamil language).
10. What is stated in 6, 8, 14, and 16 of the PHRI Act 1972? Please provide its details (content in the Tamil language).
11. If a member of the Board of Trustees elected by Government Ordinance (1972 PHRI Act 4(1)) is elected as a People's Representative (MLA/MP(RS)/MP(VS)) during their tenure, can they continue as a member of the Board of Trustees for the remainder of their term?
12. Can active politicians be elected as members of the Board of Trustees by Government Order (1972 PHRI Act 4(1))? Please provide the details?"
The CPIO furnished a point-wise reply to the Appellant on 26.04.2023 stating as under:
"1 New Board of Trustees appointed under Section 4(1) of Puducherry Hindu Religious Institutions Act, 1972 and Puducherry Hindu Religious Institutions Rules, 1975.
2 According to Section 4(3) of the Puducherry Hindu Religious Institutions Act, 1972 Board of Trustees Each trustee shall hold office for a period of three years from the date of publication of the notice appointing him as a member. No extension of tenure.
3 The duties of trustees are mentioned in Section 3 of the Puducherry Hindu Religious Institution Rules, 1975. You can also get copies of the Puducherry Hindu Religious Institution Rules, 1975 on payment of Rs.2 per page as per RTI Rules 2012 - Rule 4(a).
4 Income and Expenditure Account/Budget Book, Material Register, Donation Receipt Book, Employee Register Salary Register 5 Section 4(7) of the Puducherry Hindu Religious Institutions Act, 1972 lays down the public procedure for the resignation of a trustee from the board of trustees.Page 3 of 32
6 Pursuant to Section 4(4) of the Puducherry Hindu Religious Institutions Act, 1972, a trustee resigns from the Board of Trustees by intimation in writing to the Commissioner.
7 Can't continue. However, the order states that the previous board can function until the next board of trustees is appointed.
8 According to Section 4(3) of the Puducherry Hindu Religious Institutions Act, 1972 Board of Trustees Each trustee shall hold office for a period of three years from the date of publication of the notice appointing him as a member. No extension of tenure. However, the order states that the previous board can function until the next board of trustees is appointed. 9 & 10 Puducherry Hindu Religious Institutions Act, 1972 Sections 5, 5(A), 5(B), 6, 8, 14 & 16 (in Tamil) can be obtained from this authority by paying Rs.8/- on payment of Rs.2 per page as per RTI Rules 2012-Rule 4(a).
11 No information as per Puducherry Hindu Religious Institutions Act, 1972.
12 As per Section 4(1) of the Puducherry Hindu Religious Institutions Act, 1972, qualified persons shall be appointed."
Being dissatisfied, the appellant filed a First Appeal dated 22.04.2023. The FAA vide its order dated 05.07.2023, held as under:
"...The Public Information Officer Hindu Religious Institutions, replied on No.1221/CHRI/RTI/PIO/Q-1/2023-49 dated 20-04-2023. Whereas, the appellant preferred this appeal through online, wherein it was stated that provide the details for the question attached. The view and comments of the Public Information Officer Hindu Religious Institutions was sought and was not submitted. Whereas, the appellant not clearly mentioned on what grounds he was prefer the appeal, rather than, repeating the same points that was submitted in the RTI petition. Therefore, the Public Information Officer - Hindu Religious Institutions is hereby directed to furnish the revised reply within 10 days of the receipt of this order as per 2(f) of the RTI Act, 2005. Further, the appellant sought the opinion of the Public Information Officer - Hindu Religious Institutions in point Nos. 11 and 12 which is not requisite as per the Act. Accordingly, the appeal is disposed off."Page 4 of 32
Feeling aggrieved and dissatisfied with the non-compliance of FAA's order, appellant approached the Commission with the instant Second Appeal.
CIC/UTPON/A/2023/640131 Relevant facts emerging from appeal:
RTI application filed on : 09.05.2023 CPIO replied on : 09.05.2023 First appeal filed on : 19.06.2023
First Appellate Authority's order : 21.07.2023 2nd Appeal/Complaint dated : 17.08.2023 Information sought:
The Appellant filed an RTI application dated 09.05.2023 seeking the following information:
"1. What is the date and details of the order issued by the Government of Puducherry appointing the members of Sri Droupathiyamman, Sri Senbagavinayagar, Ayyanar, Sri Kengaiyamman Devasthanam (TM000157) as the trustees under the Hindu Religious Institutions Act 1972-PHRI Act 4(1) from 1999. to 2023? Please provide a copy of the Government order/appointment issued to the members of the trustee board?
2. Who has the authority to manage the temple and execute its functions within the current trustee board of Sri Droupathiyamman, Sri Senbagavinayagar, Ayyanar, Sri Kengaiyamman Devasthanam (TM000157) under the Hindu Religious Institutions Act 1972-PHRI Act 4(1)? Please provide the Copy of Government Order/Records/Appointments and details regarding the final decision- making authority and its related information? Annexure-1 enclosed?
3. From 2005 to 2023 under the Hindu Religious Institutions Act 1972 (PHRI Act 4(1)), after the completion of the term of the current trustee board of Sri Droupathiyamman, Sri Senbagavinayagar, Ayyanar, Sri Kengaiyamman Devasthanam (TM000157), who has been appointed for the renewed term of their tenure? Please provide a copy of the government's Order/Records/Appointments regarding their reappointment?
4. Under the Hindu Religious Institutions Act 1972-PHRI Act 4(1) from 1999 to 2023, please provide the details of the Nattamai, Governance Page 5 of 32 Committee Members and Temple Employees of Sri Droupathiyamman, Sri Senbagavinayagar, Ayyanar, Sri Kengaiyamman Devasthanam (TM000157), as well as the government's Order/Records/Appointments regarding their appointment, along with copies and additional information?
5. Regarding the present position of Sri Droupathiyamman, Sri Senbagavinayagar, Ayyanar, Sri Kengaiyamman Devasthanam (TM000157), is the post of Nattami currently held by Mr. Κ. Subramanian, he is appointed by the Govt.? Provide the copy of the Govt. Order/Records/Appointments, along with a copy of the recommendation letter from the Board of Trustee? Annexure-2 enclosed?
6. Is the Nattamai post is currently active in the temples under the Puducherry government's Hindu religious institutions and Wakf Board? Can the government or government appointed Board of Trustees appoint the Nattamai post in Temples? If so, please provide a copy of the government's Order/Records/Appointments and details? Annexure-2 enclosed?
7. Sri Thirupathy Amman, Sri Senbagavinayagar, Ayyanar, and Sri Kengaayamman Devasthanam (TM000157). Does the current Nattamai and Management Committee of the temple have the authority to make decisions regarding the administration and functioning of the temple? Are there any government laws/regulations that permit their actions? Can you provide a copy of the government order/notification and details pertaining to it? Annexure-2 enclosed?
8. Does the current Nattamai and Management Committee of Sri Thirupathy Amman, Sri Senbagavinayagar, Ayyanar, and Sri Kengaayamman Devasthanam (TM000157) have the power to impose fines/punishments on the general public associated with the temple? Are there any government laws/regulations that permit their actions? Can you provide a copy of the government order/notification and details pertaining to it? Annexure-2 enclosed?
9. Does the temple current Nattamai & Management Committee of Sri Thirupathy Amman, Sri Senbagavinayagar, Ayyanar, and Sri Kengaayamman Devasthanam (TM000157) have the authority to conduct meetings/gatherings within the temple premises, collect temple fees/rent, participate in temple administration activities, and handle temple finances? What are the rights associated with temple Page 6 of 32 activities/duties such as handling temple funds? Are there any government laws/regulations that permit their actions? Can you provide a copy of the government order/notification and details pertaining to it? Annexure-2 enclosed?
10. Is the current Vice-President of the temple of Sri Thirupathy Amman, Sri Senbagavinayagar, Ayyanar, and Sri Kengaayamman Devasthanam (TM000157), appointed by the government is currently hold the post (or) he is resigned his post? Can you provide the government's Order/Records/Notification and details pertaining to it? Annexure-2 enclosed?
11. If a person holds two positions that provide income (such as a trustee in educational institutions and a member of the legislative assembly), does he have the authority to hold the position of a temple board of trustees appointed by the government? Are there any government laws/regulations that permit their actions? Can you provide the government's Order/Records/Notification and details regarding it?
12. The information available on the website of the Government of Puducherry (https://py.gov.in/sites/default/files/hindurtimanual.pdf) indicates that the page was last updated on 07.06.2020. However, it displays incorrect/outdated information. The reason for this discrepancy and the details behind it are not provided? Annexure-3 enclosed?
13. Regarding the absence of information and downloadable PDF files in the Tamil language on the website of the Department of Hindu Religious Institutions and Wakf, Government of Puducherry (https://hri.py.gov.in/hrcehome/index.php), what is the reasons for this, but specific details are provided?
14. Regarding the procedures/regulations followed by the Department of Hindu Religious Institutions and Wakf, Government of Puducherry for appointing new temple trustees/officers and for the administration of temples and religious institutions under their jurisdiction, a list of guidelines and procedures related to these matters?
15. What are the procedures/norms followed by PHRI to constitute a new Board of Trustees after the term of office of the Board of Trustees elected by Government Order (1972 PHRI Act 4(1)) has expired?Page 7 of 32
16. Who shall inform PHRI after the expiry of the term of office of the Board of Trustees elected by Government Order (1972 PHRI Act 4(1))? How to notify/inform? Board of Trustees or Town Public?
17. After the expiry of the term of office of the Board of Trustees elected by Government Order (1972 PHRI Act 4(1))? How long does PHRI take to form a new Board of Trustees? Please provide the details and copy of the Government Order to proceed with the previous Board of Trustees?
18. Can a person elected as a People's Representative (MLA/MP(RS)/MP(VS)) continue as a trustee or not? For, if there is no information as per Puducherry Hindu Religious Institutions Act 1972? List a reason why not? Can a person elected as a People's Representative (MLA/MP(RS)/MP(VS)) continue as a Trustee? Can't Explain how public will know about?
19. What are the qualifications for electing the members of the new Board of Trustees under 4(1) of the PHRI Act 1972? Is an active/incumbent politician eligible? Please provide its details and copy of Govt order?
20. What are the procedures, norms and qualifications implemented by PHRI Act 1972 4(1) to elect a new board of trustees? (Clarify whether it is election by village people (or) by village people's ballot (or) by any other PHRI method)"
The CPIO furnished a reply to the Appellant on 09.05.2023 stating as under:
"Transferred the appellant RTI application to the concerned CPIO."
Being dissatisfied, the appellant filed a First Appeal dated 19.06.2023. The FAA vide its order dated 21.07.2023, held as under:
"This is an order under Section 19(1) of the RTI Act, 2005 over the Appeal Petition filed by Thiru Velayutham, Lawspet, Puducherry through online on 19-06-2023 vide Appeal Petition Registration No. DRDMP/A/E/23/00019. Earlier, the appellant filed an RTI application dated 09-05-2023 through online to the Public Information Officer, Chief Secretariat and the same was transferred to the Public Information Officer Department of Hindu Religious Institutions, Puducherry and sought the information on the procedure to be followed to constitute a new Board of Trustees, selection, eligibility, tenure of new Board of Page 8 of 32 Trustee, Rules and Regulations to be followed, duties and responsibilities of President / Treasurer of Sri Drowbathiamman, Sri Senbaga Vinayagar, lyyanar, Sri Gangaiyamman Devasthanam, Drowbathiamman Koil Street, Lawspet, Puducherry, updating of Department Portal (https://hri.py.gov.in/hrcehome/index.php), contents in the Portal in local language, Provide the updated HRI RTI Manual which is not available in the Official Web Portal (https://py.gov.in/sites/default/files/hindurtimanual.pdf), as per PHRI Act and Rules, provide the order copy (G.O.Ms.No. / Date) of the appointment of Board of Trustees of Sri Drowbathiamman Temple, can a public representative such as MLA/MP(RS)/MP(VS) can hold any post in the Board of Trustees for the temples listed under the PHRI Act, 1972 in 20 points.
Whereas, the appellant claimed that since no response received within the stipulated time, hence, preferred this appeal. The views and comments of the Public Information Officer - Hindu Religious Institutions was sought but it was not received so far. Therefore, the information available on record in respect of RTI application dated 09-05-2023 as per Section 2(f) of the RTI Act within 10 days to the appellant from the date of receipt of this Order. Accordingly, the appeal is disposed off."
Feeling aggrieved and dissatisfied with the non-compliance of FAA's order, appellant approached the Commission with the instant Second Appeal.
CIC/REVAD/A/2023/647120 Relevant facts emerging from appeal:
RTI application filed on : 08.06.2023 CPIO replied on : 09.06.2023 First appeal filed on : 17.07.2023
First Appellate Authority's order : 15.09.2023 2nd Appeal/Complaint dated : 03.10.2023 Information sought:
The Appellant filed an RTI application dated 08.06.2023 seeking the following information:
"1. What is the status and action taken by the HRI, Puducherry, regarding the application/complaint letter/email submitted for the information sought on Temple No.TM000157 on 02.05.2023, 18.05.2023, and 01.06.2023? Please provide a copy of the relevant details?Page 9 of 32
2. How many application/complaint letters/emails have been received by the HRI, Puducherry, regarding Temple No. TM000157 from the period of 2022 until the present, and what actions have been taken by the concerned officers or department? Please list the details and provide copies?
3. Normally, how many days does it take to make a decision or take action on an applications/complaint letters/emails received by the HRI, Puducherry?
4. How many RTI applications/First Appeals have been received online and offline by the CPIO and FAAs of the HRI, Puducherry, regarding Temple No.TM000157 for the period from 2022 to till date? What actions have been taken by the concerned officers? Please provide a list of the details regarding the status of pending and completed cases?
5. What is the status and action taken by the HRI, Puducherry, regarding the RTI application and First Appeal submitted Offline on 25.03.2023 & 09.05.2023?
6. If some staff/personnel from the HRI, Puducherry, are leaking or providing office information (copies) to others (such as related individuals, temple board of trustees, politicians, etc.) without the permission of the department/superior officers, is it legal or illegal? What actions does the department take in such matters/issues? Please provide a copy of the government order related to this?
7. Out of a total of 243 temples under the HRI, Puducherry, how many temples have not appointed a new Board of Trustees even after the term of the Board of Trustees has expired? What are the reasons for this?
8. Out of the total 243 temples under the HRI, Puducherry, how many temples still have the same Board of Trustees even after the expiration of their term? What are the reasons for this?
9. Among the total 243 temples under the HRI, Puducherry, how many have active politicians (MLA/MP(RS)/MP(VS), etc.) or people's representatives serving on their Board of Trustees? Could you please provide a copy of the government order and relevant information regarding this?Page 10 of 32
10. Temple No. TM000157: does the Board of Trustees have the authority to determine a specific amount/fee and collect donations from the residents of the village to organize the festival? Is this permitted under government law? If so, kindly provide a copy of the relevant Government Order or Legal Provision?
11. Who among the Board of Trustees has the authority to sign the receipts for the donation amounts collected from the residents of the village, specifically for the 2023 festival to be held at Temple No: TM000157? Kindly provide a copy of the relevant Government Order and Government Rules & Regulation?
12. To conduct the festival for Temple No: TM000157 in the year 2023, please provide the names and designations of the individuals who have signed the receipt for the festival donation collected under receipt Nos. 1209 to 1215? Kindly provide a copy of the relevant receipt, Government Orders and Government Rules & Regulations?"
The CPIO furnished a reply to the Appellant on 09.06.2023 stating as under:
"Transferred the appellant RTI application to the concerned CPIO."
Being dissatisfied, the appellant filed a First Appeal dated 17.07.2023. The FAA vide its order dated 15.09.2023, held as under:
"This is an order under Section 19(1) of the RTI Act, 2005 over the appeal petition filed by Thiru J. Velayutham, No.5, Neruppukkuzhi, Lawspet, Puducherry. The appellant filed the appeal petition both online and offline mode. Earlier, the appellant filed an RTI application dated 09-06- 2023 to the Chief Secretariat, Puducherry the same was forwarded to the Public Information Officer, Department of Hindu Religious Institutions, Puducherry on 14-06-2023 sought information relating to as per PHRI Act, 1972 and the Rules, provide the members of Board of Trustees for Sri Drowbathiamman, Sri Senbaga Vinayagar, lyyanar, Sri Gangaiyamman Devasthanam, Drowbathiamman Koil Street, Lawspet, Puducherry, copy of the order regarding the appointment of Nattamai, administration committee, team members and staff for the period from 2005 to 2023, the updated HRI RTI Manual which is not available in the Official Web Portal https://py.gov.in/sites/default/files/hindurtimanual.pdf, can public representative such as Counselor/MLA/MP can hold any post in the Board of Trustees for the temples, contents in the Portal in local language etc., in 12 points.Page 11 of 32
Whereas, the appellant claimed that since no response received within the stipulated time, hence, preferred this appeal.
The views and comments of Thiru S. Annamalai, the Public Information Officer HRI sought. But, it was not furnished. Therefore, the PIO HRI information available on record may be furnished to the appellant within 10 days of receipt of this order. Accordingly, the appeal is disposed off."
Feeling aggrieved and dissatisfied with the non-compliance of FAA's order, appellant approached the Commission with the instant Second Appeal.
CIC/UTPON/A/2023/647062 Relevant facts emerging from appeal:
RTI application filed on : 09.05.2023 CPIO replied on : 24.07.2023 First appeal filed on : 19.06.2023
First Appellate Authority's order : 21.07.2023 2nd Appeal/Complaint dated : 29.09.2023 Information sought:
The Appellant filed an RTI application dated 09.05.2023 seeking the following information:
"1. Temple No: TM000157 The amount collected from the public for the festival held in the year 2022 is Rs.4,37,511.00? Is it a village donation or a village tax? How much rupees were charged per person/head/household? Provide details of Donation/Town Tax Amount Collected Receipt No.? As per the Puducherry Hindu Religious Institutions Act 1972-PHRI Act 14(1)?
2. Temple No.: TM000157 the amount given by the people of the village for the purchase of earthen horses (Man Kuthirai) for the horse-casting festival is Rs.49200.00 (41 horses X 1200) but only 16 horses (Rs.22000) have been purchased in the statement of income and expenditure submitted by the Board of Trustees (Temple Management) presently holding the office. Notified (Notice Page.1 Serial No.11)? What is the reason for not buying the remaining 25 horses? As per the Puducherry Hindu Religious Institutions Act 1972-PHRI Act 14(1) & 15(1)?Page 12 of 32
3. Temple No: TM000157 Pongal Basket Receipt No.103 to 1674 (Total No. of Receipts 1572) Total Rs.6450.00 collected for the Festival held in the year 2022? How much rupees are charged for a Pongal basket? As per the Puducherry Hindu Religious Institutions Act 1972-PHRI Act 14(1) & 15(1)?
4. Temple No: TM000157 Backup Ticket Receipt No.622 to 722 (Total No. of Receipts 101) Total Rs.2000.00 collected for Theemithi Festival 2022? How much rupees were charged per person? As per the Puducherry Hindu Religious Institutions Act 1972- PHRI Act 14(1) & 15(1)?
5. Temple No: TM000157 Please provide details of checque number & date and date of withdrawal of advance payment of Rs.405000.00 from Sri Thiraupathaiyamman Devasthanam Management Account by the present Board of Trustee to cover excess expenses for festival held in the year 2022?
6. Temple No: TM000157 Details of Festival Income and Expenditure Accounts for the year 2022, Bill/Voucher submitted by the following firms as stated in the statement/notice submitted by the incumbent Temple Board of Trustee (Management Committee) selected by the Government of Puducherry (PHRI). Provide copy of receipts (or) account register/book? As per the Puducherry Hindu Religious Institutions Act 1972-PHRI Act 14(1)?
(1) M/s. Selva Traders, (2) M/s. Vigneswar Flower Shop, (3) For purchase of flowers/garlands (Notice Page.7 & 8, Serial Nos.21 & 22), (4) M/s.
Jayam Electricals, (5) Truss Material, (6) Saravanastores, (7) Mr.G.Kannan, (8) M/s. Tamil Selvan Press, (9) M/s. Priyam Restaurant, (10) M/s. Annapoorani Mess, (11) Archakar foods, (12) Mr. Ganesan Group, (13) Mr. Ulakapuram Selvam Group, (14) Mr. Uthirakumar (Bombaykar), (15) Mr. Athimulam, (16) Mr. Iyanar, (17) Mr.Subramanian (18) Paid additional Archagar/Iyyar/Pusaari and fed them.
7. Temple No.: TM000157 It is stated that gave money/payment to Mr.G.Kannan for the purchase of silver and polishing the jewells in the year 2022 for making jewellery in own. Provide a copy of the register book? As per the Puducherry Hindu Religious Institutions Act 1972-PHRI Act 14(1)?
8. Temple NO:TM000157 2022 Details Of Purchased New Silver Jewellery (Boun Polished) Pursuant to Puducherry Hindu Religious Institutions ACT Page 13 of 32 1972-PHRI ACT 21 (1(c) & 3) to the Commissioner, Puducherry Hindu Religious Institutions ACT 1972 and have they (Temple Board of Trustee) informed the PHRI? Provide the details and copy of the register/book signed by the Commissioner for the same?
9. Provide a copy of the details submitted by the present incumbent Temple Board of Trustee selected by the Government of Puducherry (PHRI) to Puducherry Hindu Religious Institutions and Waqf for Temple No:TM000157 for the year 2022? Hindu Religious Institutions Act 1972- PHRI Act 13(1)?
10. For Temple No: TM000157 for the year 2022 proper maintenance and audit of accounts by Puducherry Accounts and Treasury Department to the Commissioner, Puducherry Hindu Religious Institutions and Wakf (PHRI), elected by the Government of Puducherry (PHRI) for the time being. Provide copy of details submitted by Temple Board of Trustee? Hindu Religious Institutions Act 1972-PHRI Act 14(1) & 16(1)?
11. Audit of Temple Income and Expenditure Accounts for Financial Year 2020, 2021 & 2022 for Temple No: TM000157 by Puducherry Accounts and Treasury Department to the Commissioner, Puducherry Hindu Religious Institutions and Wakf, elected by Puducherry Government (PHRI), presently in office Provide copy of details submitted by the existing Temple Board of Trustee? Hindu Religious Institutions Act 1972- PHRI Act 14(1) & 16(1)?
12. Details of movable/immovable properties owned by Temple No:
TM000157 for the period 1999 to 2023? Provide copy of details submitted by Temple Board of Trustee selected by Government of Puducherry (PHRI)?"
The PIO furnished a reply to the Appellant on 24.07.2023 stating as under:
"To The president/Special Officer-cum-Public Information Officer, Sri Drownbathiamman Temple, Lawspet & Post, Puducherry -605 0008.
Sir, xxx Adverting to the reference cited above, I am to state that the information sought by the RTI applicant Thiru.J. Velayutham, Lawspet, Puducherry for Page 14 of 32 questions 1 to 7 does not pertain to this office and are closely related to the function of your temple. Therefore, I hereby forward the RTI application of Thiru.J. Velayutham, Lawspet, Puducherry to you, as per section 6(3) of RTI Act, 2005, for providing requested information for questions 1 to 7 within 30 days, directly to the applicant's email id. [email protected] under intimation to this office."
Being dissatisfied, the appellant filed a First Appeal dated 19.06.2023. The FAA vide its order dated 21.07.2023, held as under:
"This is an order under Section 19(1) of the RTI Act, 2005 over the Appeal Petition filed by Thiru Velayutham, Lawspet, Puducherry through online on 19-06-2023 vide Appeal Petition Registration No. DRDMP/A/E/23/00018. Earlier, the appellant filed an RTI application dated 09-05-2023 through online to the Public Information Officer, Chief Secretariat, and the same was transferred to the Public Information Officer Department of Hindu Religious Institutions, Puducherry sought the information on the details of donation, income and expenditure for the Financial Years 2020, 2021 and 2022, polishing of jewels, income, regarding horse leaving festival, movable and immovable properties for the years 1999 to 2023 in 12 points.
Whereas, the appellant claimed that information was not provided by the Public Information Officer - Hindu Religious Institutions within the stipulated time, hence, preferred this appeal. The views of the Public Information Officer - Hindu Religious Institutions sought and it was not received so far.
Therefore, the Public Information Officer Hindu Religious Institutions is directed to provide all available information on record in respect of RTI application dated 09-05-2023 as per Section 2(f) of the RTI Act within 10 days to the appellant from the date of receipt of this Order. Accordingly, the appeal is disposed off."
Feeling aggrieved and dissatisfied with the non-compliance of FAA's order, appellant approached the Commission with the instant Second Appeal.
CIC/REVAD/A/2023/651890 Relevant facts emerging from appeal:
RTI application filed on : 19.08.2023
Page 15 of 32
CPIO replied on : 21.08.2023
First appeal filed on : 29.09.2023
First Appellate Authority's order : 27.10.2023 2nd Appeal/Complaint dated : 15.11.2023 Information sought:
The Appellant filed an RTI application dated 19.08.2023 seeking the following information:
"1. Does the Temple No.TM000157 come under the control or administration of the Department of Hindu Religious Institutions and Wakf, Puducherry? If yes, please provide a certified copy of the note sheets and/or office orders related to this temple
2. A certified copy of note sheets and/or office orders related to the processing of the Appointment of Board of Trustees of Temple No.TM000157 for the years 2010 to 2023. This temple falls under the jurisdiction of the Department of Hindu Religious Institutions and Wakf, Puducherry
3. Pursuant to Government Order No.03/HRI/3/2014 dated 12.02.2014 and No.1/HRI/3/2017 dated 05.04.2017 regarding Temple No.TM000157, I kindly request certified copies of the following documents:
i. The list of movable and immovable assets, along with other relevant documents, that were handed over by the outgoing Board of Trustees to the newly constituted Board of Trustees, as per the Government Order dated 12.02.2014 ii. The list of movable and immovable assets, along with other relevant documents, that were received by the newly constituted Board of Trustees, as per the Government Order dated 12.02.2014 iii. In accordance with the Government Order dated 12.02.2014, kindly provide details of the movable and immovable properties of Temple No.TM000157, including any related documents that were fully received from the outgoing Board of Trustees. Additionally, I request a comprehensive report on this matter, along with a copy of the list submitted by the new Board of Trustees directly to the Commissioner of Hindu Religious Institutions Wakf, Puducherry. Furthermore, I kindly request a copy of the report submitted to the Deputy Director, Accounts and Audit Division, Puducherry Page 16 of 32 iv. During the tenure of the President of Temple No.TM000157, in compliance with the Government Orders dated 12.02.2014 and 05.04.2017, please provide information on the years for which details of proper maintenance and accounting, as well as the annual audits by the Puducherry Accounts and Treasury Department, were furnished to the Commissioner of Puducherry Hindu Religious Institutions & Wakf. v. During the tenure of the President of Temple No.TM000157, in compliance with the Government Orders dated 12.02.2014 and 05.04.2017, please provide information on the years for which the Proposed Budget Statement for each financial year, by the March term, was submitted to the Puducherry Hindu Religious Institutions & Wakf.
vi. In accordance with the Government Orders dated 12.02.2014 and 05.04.2017, kindly provide information on the years during which the statement of accounts of Temple No.TM000157 was submitted to the Puducherry Hindu Religious Institutions & Wakf., within the specified time frame vii. In compliance with the Government Orders dated 12.02.2014 and 05.04.2017, please provide information regarding the number of years during which details pertaining to newly procured Gold/Silver/Other Jewelleries for Temple No.TM000157 have been submitted by the Board of Trustees to the Puducherry Hindu Religious Institutions & Wakf., within the designated time frame
4. Please provide a certified soft copy of note sheets and/or office orders directly pertaining to the matters mentioned in points 1, 2, and 3, which are being handled by the Department of Hindu Religious Institutions and Wakf, Puducherry
5. Arrangement of personal inspection of the file/s and/or the concerned matter dealt in file/s, note sheet/s related with the matter mentioned in point nos. 1, 2 & 3 of the application. This inspection can be scheduled on a mutually agreed-upon date, and I kindly request permission to obtain certified copies of the pertinent papers after the inspection of the concerned files/note sheets
6. Provide a certified copy of note sheets and/or office orders pertaining to the Appointment of Staff and Internal Committee members, along with their names and designations, for Temple No.TM000157 for the Page 17 of 32 years from 2010 to 2023. This temple operates under the supervision of the Department of Hindu Religious Institutions and Wakf, Puducherry"
The CPIO furnished a reply to the Appellant on 21.08.2023 stating as under:
"Transferred the appellant RTI application to the concerned CPIO.
Details of Public Authority :- UT Puducherry- Department of Revenue and Disaster Management.
vide registration number :- DRDMP/R/T/23/00021 respectively. Note:- Further details will be available on viewing the status of the above-mentioned new request registration number. "
Being dissatisfied, the appellant filed a First Appeal dated 29.09.2023. The FAA vide its order dated 27.10.2023, held as under:
"This is an order under Section 19(1) of the RTI Act, 2005 over the appeal petition filed by Thiru Velayutham, Neruppukuzhi, Lawspet, Puducherry through online on 29-09-2023 vide appeal petition Registration No.DRDMP/A/E/23/00030. Earlier, the appellant filed an RTI application dated 21-08-2023 through online to the Public Information Officer, Chief Secretariat and the same was transferred to the Public Information Officer Department of Hindu Religious Institutions, Puducherry sought the information on the certified copies of the following: the appointment of Board of Trustees for the years 2010 to 2023, movable and immovable assets, annual audits, budget statement, statement of accounts, gold/silver/other jewelleries submitted by the Board of Trustees to the PHRI & Waqf within the designated time frame, appointment of staff and internal committee members along with their names and designation for the years from 2010 to 2023 belonging to Arulmigu Drowbathiamman Temple, Lawspet, Puducherry in 6 points.
Whereas, the appellant claimed that since no response received within the stipulated time, hence, preferred this appeal through online. The views and comments of Thiru S. Annamalai, Public Information Officer - Hindu Religious Institutions was sought but it was not received so far. Therefore, the information available on record may be furnished to the appellant within 10 days of the receipt of this order as per 2(f) of the RTI Act, 2005. Accordingly, the appeal is disposed off."
Feeling aggrieved and dissatisfied with the non-compliance of FAA's order, appellant approached the Commission with the instant Second Appeal.
Page 18 of 32CIC/UTPON/A/2023/654509 Relevant facts emerging from appeal:
RTI application filed on : 20.09.2023 CPIO replied on : 22.09.2023 First appeal filed on : 24.10.2023
First Appellate Authority's order : 27.11.2023 2nd Appeal/Complaint dated : 11.12.2023 Information sought:
The Appellant filed an RTI application dated 20.09.2023 seeking the following information:
"1. What is the status or action taken by the HRI, Puducherry, with regard to my petition No. GOVPY/E/2023/0000209 dated 20.06.2023. Kindly furnish a certified copy of any note sheets and/or office orders associated with this petition. A copy is enclosed for your reference.
2. What is the current status or any actions undertaken by the HRI, Puducherry, concerning my petition, identified as No.Pu01/Pu01/CLP/03973/23, which was registered on 09.06.2023 through the web portal http://gms-drdm.py.gov.in and subsequently forwarded to your department. Kindly furnish a certified copy of any note sheets and/or office orders associated with this petition. A copy is enclosed for your reference.
3. What is the status of my petition, No. Pu01/Pu01/LGP/39176/23, which was registered on 09.06.2023, on the web portal https://lgredressal.py.gov.in/pgrs. Please provide a certified copy of the note sheets and/or office orders related to this petition. Copy enclosed.
4. How many days does it normally take for a concerned officer or staff member of the department to make a decision or take action on matters mentioned in points 1, 2, and 3 of a public petition. Please provide a certified copy of the office orders or Act/Notification relevant to this matter.
5. Arrangement of personal inspection of the file/s and/or the concerned matter dealt in file/s, note sheet/s related with the matter mentioned in point nos. 1, 2 & 3 of the application. This inspection can be scheduled on Page 19 of 32 a mutually agreed-upon date, and I kindly request permission to obtain certified copies of the pertinent papers after the inspection of the concerned files/note sheets"
The CPIO furnished a reply to the Appellant on 22.09.2023 stating as under:
"Transferred the appellant RTI Application to the concerned CPIO."
Being dissatisfied, the appellant filed a First Appeal dated 24.10.2023. The FAA vide its order dated 27.11.2023, held as under:
"This is an order under Section 19(1) of the RTI Act, 2005 over the appeal petition filed by Thiru Velayutham, Neruppukuzhi, Lawspet, Puducherry through online on 24-10-2023 vide appeal petition Registration No.DRDMP/A/E/23/00033. Earlier, the appellant filed an RTI application dated 21-09-2023 through online to the Public Information Officer, Chief Secretariat and the same was transferred to the Public Information Officer Department of Hindu Religious Institutions, Puducherry sought the information on action taken by petition No. GOVPY/E/2023/0000209, No.Pu01/Pu01/LGP/39176/23 in 5 points. No. Pu01/Pu01/CLP/03973/23 and Whereas, the appellant claimed that since no response received within the stipulated time, hence, preferred this appeal through online. The views and comments of Thiru S. Annamalai, Public Information Officer Hindu Religious Institutions was sought but it was not received so far. Therefore, the information available on record may be furnished to the appellant within 10 days of the receipt of this order as per 2(f) of the RTI Act, 2005. Accordingly, the appeal is disposed off."
Feeling aggrieved and dissatisfied with the non-compliance of FAA's order, appellant approached the Commission with the instant Second Appeal.
CIC/UTPON/A/2023/148164 Relevant facts emerging from appeal:
RTI application filed on : 25.03.2023 CPIO replied on : 03.07.2023 First appeal filed on : 09.05.2023
First Appellate Authority's order : 05.07.2023 2nd Appeal/Complaint dated : 12.12.2023 Page 20 of 32 Information sought:
The Appellant filed an RTI application dated 25.03.2023 seeking the following information:
"1. What is the date and details of the order issued by the Government of Puducherry appointing the members of Sri Droupathiyamman, Sri Senbagavinayagar, Ayyanar, Sri Kengaiyamman Devasthanam (TM000157) as the trustees under the Hindu Religious Institutions Act 1972-PHRI Act 4(1) from 1999 to 2023? Please provide a copy of the Government order/appointment issued to the members of the trustee board?
2. Who has the authority to manage the temple and execute its functions within the current trustee board of Sri Droupathiyamman, Sri Senbagavinayagar, Ayyanar, Sri Kengaiyamman Devasthanam (TM000157) under the Hindu Religious Institutions Act 1972-PHRI Act 4(1)? Please provide the Copy of Government Order/Records/Appointments and details regarding the final decision- making authority and its related information? Annexure-1 enclosed?
3. From 2005 to 2023 under the Hindu Religious Institutions Act 1972 (PHRI Act 4(1)), after the completion of the term of the current trustee board of Sri Droupathiyamman, Sri Senbagavinayagar, Ayyanar, Sri Kengaiyamman Devasthanam (TM000157), who has been appointed for the renewed term of their tenure? Please provide a copy of the government's Order/Records/Appointments regarding their reappointment?
4. Under the Hindu Religious Institutions Act 1972-PHRI Act 4(1) from 1999 to 2023, please provide the details of the Nattamai, governance committee members and temple employees of Sri Droupathiyamman, Sri Senbagavinayagar, Ayyanar, Sri Kengaiyamman Devasthanam (TM000157), as well as the government's Order/Records/Appointments regarding their appointment, along with copies and additional information?
5. Regarding the present position of Sri Droupathiyamman, Sri Senbagavinayagar, Ayyanar, Sri Kengaiyamman Devasthanam (TM000157), is the post of Nattami currently held by Mr. K. Subramanian, he is appointed by the Govt? Provide the copy of the Govt.Page 21 of 32
Order/Records/Appointments, along with a copy of the recommendation letter from the Board of Trustee? Annexure-2 enclosed?
6. Is the Nattamai post is currently active in the temples under the Puducherry government's Hindu religious institutions and Wakf Board? Can the government or government appointed Board of Trustees appoint the Nattamai post in Temples? If so, please provide a copy of the government's Order/Records/Appointments and details? Annexure-2 enclosed?
7. Sri Thirupathy Amman, Sri Senbagavinayagar, Ayyanar, and Sri Kengaayamman Devasthanam (TM000157). Does the current Nattamai and Management Committee of the temple have the authority to make decisions regarding the administration and functioning of the temple? Are there any government laws/regulations that permit their actions? Can you provide a copy of the government order/notification and details pertaining to it? Annexure-2 enclosed?
8. Does the current Nattamai and Management Committee of Sri Thirupathy Amman, Sri Senbagavinayagar, Ayyanar, and Sri Kengaayamman Devasthanam (TM000157) have the power to impose fines/punishments on the general public associated with the temple? Are there any government laws/regulations that permit their actions? Can you provide a copy of the government order/notification and details pertaining to it? Annexure-2 enclosed?
9. Does the temple current Nattamai & Management Committee of Sri Thirupathy Amman, Sri Senbagavinayagar, Ayyanar, and Sri Kengaayamman Devasthanam (TM000157) have the authority to conduct meetings/gatherings within the temple premises, collect temple fees/rent, participate in temple administration activities, and handle temple finances? What are the rights associated with temple activities/duties such as handling temple funds? Are there any government laws/regulations that permit their actions? Can you provide a copy of the government order/notification and details pertaining to it? Annexure-2 enclosed?
10. Is the current Vice-President of the temple of Sri Thirupathy Amman, Sri Senbagavinayagar, Ayyanar, and Sri Kengaayamman Devasthanam (TM000157), appointed by the government is currently hold the post (or) he is resigned his post? Can you provide the government's Page 22 of 32 Order/Records/Notification and details details pertaining to it? Annexure-2 enclosed?
11. If a person holds two positions that provide income (such as a trustee in educational institutions and a member of the legislative assembly), does he have the authority to hold the position of a temple board of trustees appointed by the government? Are there any government laws/regulations that permit their actions? Can you provide the government's Order/Records/Notification and details regarding it?
12. The information available on the website of the Government the website of the of Puducherry (https://py.gov.in/sites/default/files/hindurtimanual.pdf) indicates that the page was last updated on 07.06.2020. However, it displays incorrect/outdated information. The reason for this discrepancy and the details behind it are not provided? Annexure-3 enclosed?
13. Regarding the absence of information and downloadable PDF files in the Tamil language on the website of the Department of Hindu Religious Institutions and Wakf, Government of Puducherry (https://hri.py.gov.in/hrcehome/index.php), what is the reasons for this, but specific details are provided?
14. Regarding the procedures/regulations followed by the Department of Hindu Religious Institutions and Wakf, Government of Puducherry for appointing new temple trustees/officers and for the administration of temples and religious institutions under their jurisdiction, a list of guidelines and procedures related to these matters?"
The CPIO furnished a point-wise reply to the Appellant on 03.07.2023 stating as under:
"1 Information is attached 2 The President will take the final decision in consultation with the members of the Board of Trustees.
Also the Puducherry Hindu Religious Institution Rules 1975 explain the duties and responsibilities of trustees in rule-3, conditions in rule-4 and duties and responsibilities of trustees in rule-5.Page 23 of 32
3 The old Board of Trustees shall function till the appointment of new Board of Trustees as per Section 4(1) of Puducherry Hindu Religious Institutions Act, 1972 and Puducherry Hindu Religious Institutions Rules, 1975.
4 to 10 According to the Puducherry Hindu Religious Institutions Act, 1972 there is no information in this department 11 The Trustees are appointed to the new Board of Trustees as per Section 4(1) of the Puducherry Hindu Religious Institutions Act, 1972 and the Puducherry Hindu Religious Institutions Rules, 1975.
12 You can download RTI Manual at https://hri.py.gov.in/hrcehome/index.php 13 You can find the website in regional languages https://hri.py.gov.in/hrcehome/index.php at 14 The Trustees are appointed to the new Board of Trustees as per Section 4(1) of the Puducherry Hindu Religious Institutions Act, 1972 and the Puducherry Hindu Religious Institutions Rules, 1975."
Being dissatisfied, the appellant filed a First Appeal dated 09.05.2023. The FAA vide its order dated 05.07.2023, held as under:
"This is an order under Section 19(1) of the RTI Act, 2005 over the appeal petition filed by Thiru J. Velayutham, Neruppukkuzhi, Lawspet, Puducherry on 10-05-2023. Earlier, the appellant filed an RTI application dated 25-03-2023 to the Public Information Officer, Department of Hindu Religious Institutions, Puducherry sought information relating to appointed to the Board of Trustees to Sri Drowbathiamman, Sri Senbaga Vinayagar, lyyanar, Sri Gangaiyamman Devasthanam, Drowbathiamman Koil Street, Lawspet, Puducherry, updating of Department Portal, contents in the Portal in local language in 14 points.
Whereas, the appellant claimed that since no response received within the stipulated time, hence, preferred this appeal. The views and comments of the Public Information Officer - Hindu Religious Institutions was sought but it was not received so far. Therefore, the information available on record may be furnished to the appellant within 10 days of receipt of this order. Accordingly, the appeal is disposed off."Page 24 of 32
Feeling aggrieved and dissatisfied with the non-compliance of FAA's order, appellant approached the Commission with the instant Second Appeal.
CIC/UTPON/A/2023/148164 Relevant facts emerging from appeal:
RTI application filed on : 25.03.2023 CPIO replied on : 03.07.2023 First appeal filed on : 09.05.2023
First Appellate Authority's order : 05.07.2023 2nd Appeal/Complaint dated : 12.12.2023 Information sought:
The Appellant filed an RTI application dated 25.03.2023 seeking the following information:
"1. What is the date and details of the order issued by the Government of Puducherry appointing the members of Sri Droupathiyamman, Sri Senbagavinayagar, Ayyanar, Sri Kengaiyamman Devasthanam (TM000157) as the trustees under the Hindu Religious Institutions Act 1972-PHRI Act 4(1) from 1999 to 2023? Please provide a copy of the Government order/appointment issued to the members of the trustee board?
2. Who has the authority to manage the temple and execute its functions within the current trustee board of Sri Droupathiyamman, Sri Senbagavinayagar, Ayyanar, Sri Kengaiyamman Devasthanam (TM000157) under the Hindu Religious Institutions Act 1972-PHRI Act 4(1)? Please provide the Copy of Government Order/Records/Appointments and details regarding the final decision- making authority and its related information? Annexure-1 enclosed?
3. From 2005 to 2023 under the Hindu Religious Institutions Act 1972 (PHRI Act 4(1)), after the completion of the term of the current trustee board of Sri Droupathiyamman, Sri Senbagavinayagar, Ayyanar, Sri Kengaiyamman Devasthanam (TM000157), who has been appointed for the renewed term of their tenure? Please provide a copy of the government's Order/Records/Appointments regarding their reappointment?Page 25 of 32
4. Under the Hindu Religious Institutions Act 1972-PHRI Act 4(1) from 1999 to 2023, please provide the details of the Nattamai, governance committee members and temple employees of Sri Droupathiyamman, Sri Senbagavinayagar, Ayyanar, Sri Kengaiyamman Devasthanam (TM000157), as well as the government's Order/Records/Appointments regarding their appointment, along with copies and additional information?
5. Regarding the present position of Sri Droupathiyamman, Sri Senbagavinayagar, Ayyanar, Sri Kengaiyamman Devasthanam (TM000157), is the post of Nattami currently held by Mr. K. Subramanian, he is appointed by the Govt? Provide the copy of the Govt. Order/Records/Appointments, along with a copy of the recommendation letter from the Board of Trustee? Annexure-2 enclosed?
6. Is the Nattamai post is currently active in the temples under the Puducherry government's Hindu religious institutions and Wakf Board? Can the government or government appointed Board of Trustees appoint the Nattamai post in Temples? If so, please provide a copy of the government's Order/Records/Appointments and details? Annexure-2 enclosed?
7. Sri Thirupathy Amman, Sri Senbagavinayagar, Ayyanar, and Sri Kengaayamman Devasthanam (TM000157). Does the current Nattamai and Management Committee of the temple have the authority to make decisions regarding the administration and functioning of the temple? Are there any government laws/regulations that permit their actions? Can you provide a copy of the government order/notification and details pertaining to it? Annexure-2 enclosed?
8. Does the current Nattamai and Management Committee of Sri Thirupathy Amman, Sri Senbagavinayagar, Ayyanar, and Sri Kengaayamman Devasthanam (TM000157) have the power to impose fines/punishments on the general public associated with the temple? Are there any government laws/regulations that permit their actions? Can you provide a copy of the government order/notification and details pertaining to it? Annexure-2 enclosed?
9. Does the temple current Nattamai & Management Committee of Sri Thirupathy Amman, Sri Senbagavinayagar, Ayyanar, and Sri Kengaayamman Devasthanam (TM000157) have the authority to conduct meetings/gatherings within the temple premises, collect temple Page 26 of 32 fees/rent, participate in temple administration activities, and handle temple finances? What are the rights associated with temple activities/duties such as handling temple funds? Are there any government laws/regulations that permit their actions? Can you provide a copy of the government order/notification and details pertaining to it? Annexure-2 enclosed?
10. Is the current Vice-President of the temple of Sri Thirupathy Amman, Sri Senbagavinayagar, Ayyanar, and Sri Kengaayamman Devasthanam (TM000157), appointed by the government is currently hold the post (or) he is resigned his post? Can you provide the government's Order/Records/Notification and details details pertaining to it? Annexure-2 enclosed?
11. If a person holds two positions that provide income (such as a trustee in educational institutions and a member of the legislative assembly), does he have the authority to hold the position of a temple board of trustees appointed by the government? Are there any government laws/regulations that permit their actions? Can you provide the government's Order/Records/Notification and details regarding it?
12. The information available on the website of the Government the website of the of Puducherry (https://py.gov.in/sites/default/files/hindurtimanual.pdf) indicates that the page was last updated on 07.06.2020. However, it displays incorrect/outdated information. The reason for this discrepancy and the details behind it are not provided? Annexure-3 enclosed?
13. Regarding the absence of information and downloadable PDF files in the Tamil language on the website of the Department of Hindu Religious Institutions and Wakf, Government of Puducherry (https://hri.py.gov.in/hrcehome/index.php), what is the reasons for this, but specific details are provided?
14. Regarding the procedures/regulations followed by the Department of Hindu Religious Institutions and Wakf, Government of Puducherry for appointing new temple trustees/officers and for the administration of temples and religious institutions under their jurisdiction, a list of guidelines and procedures related to these matters?"
The CPIO furnished a point-wise reply to the Appellant on 03.07.2023 stating as under:
Page 27 of 32"1 Information is attached 2 The President will take the final decision in consultation with the members of the Board of Trustees.
Also the Puducherry Hindu Religious Institution Rules 1975 explain the duties and responsibilities of trustees in rule-3, conditions in rule-4 and duties and responsibilities of trustees in rule-5.
3 The old Board of Trustees shall function till the appointment of new Board of Trustees as per Section 4(1) of Puducherry Hindu Religious Institutions Act, 1972 and Puducherry Hindu Religious Institutions Rules, 1975.
4 to 10 According to the Puducherry Hindu Religious Institutions Act, 1972 there is no information in this department 11 The Trustees are appointed to the new Board of Trustees as per Section 4(1) of the Puducherry Hindu Religious Institutions Act, 1972 and the Puducherry Hindu Religious Institutions Rules, 1975.
12 You can download RTI Manual at https://hri.py.gov.in/hrcehome/index.php 13 You can find the website in regional languages https://hri.py.gov.in/hrcehome/index.php at 14 The Trustees are appointed to the new Board of Trustees as per Section 4(1) of the Puducherry Hindu Religious Institutions Act, 1972 and the Puducherry Hindu Religious Institutions Rules, 1975."
Being dissatisfied, the appellant filed a First Appeal dated 09.05.2023. The FAA vide its order dated 05.07.2023, held as under:
"This is an order under Section 19(1) of the RTI Act, 2005 over the appeal petition filed by Thiru J. Velayutham, Neruppukkuzhi, Lawspet, Puducherry on 10-05-2023. Earlier, the appellant filed an RTI application dated 25-03-2023 to the Public Information Officer, Department of Hindu Religious Institutions, Puducherry sought information relating to appointed to the Board of Trustees to Sri Drowbathiamman, Sri Senbaga Vinayagar, lyyanar, Sri Gangaiyamman Devasthanam, Drowbathiamman Koil Street, Lawspet, Puducherry, updating of Department Portal, contents in the Portal in local language in 14 points.Page 28 of 32
Whereas, the appellant claimed that since no response received within the stipulated time, hence, preferred this appeal. The views and comments of the Public Information Officer - Hindu Religious Institutions was sought but it was not received so far. Therefore, the information available on record may be furnished to the appellant within 10 days of receipt of this order. Accordingly, the appeal is disposed off."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: He along with Mr. S. Balan (his authorized representative) present through video-conference.
Respondent: Mr. S. Annamalai, Superintendent-cum- Manager, Temple present through video-conference.
Appellant's representative contended that the replies given to the appellant initially were unsatisfactory. Further, requested information has not been furnished to the appellant in compliance to FAA's orders.
Upon being queried by the Commission as to what is the date of compliance of FAA's order, the respondent replied that FAA's orders have been complied vide letters dated 23.10.2024. He handed over a copy of said letter to the appellant and read out the contents of the same, which could not be taken on record as the same was not uploaded by the respondent on the link given in the Commission's hearing notice.
Respondent further tendered his apology for delay in compliance of FAA's orders and for not uploading the copy of letters dated 23.10.2024 to facilitate the bench. He prayed the Commission that omission was unintentional and may be condoned in the interest of justice. He further prayed the bench to grant him time to file a written submission in each case with a copy of revised reply to facilitate due assistance to the bench in disposal of these matters.Page 29 of 32
Decision:
The Commission at the outset, adversely viewed the conduct of Mr. S. Annamalai, Superintendent-cum-Manager, Temples who did not bother to file written submissions enumerating details of events and factual background in the matters despite prayed for the same before the bench within reasonable time which leads to delay in disposal of this case. In this regard, he is strictly cautioned to exercise due diligence while dealing with the RTI matters in future and ensure that his written submission with relevant documents should be uploaded on the CIC's website prior to the hearing in the concerned cases, failing which action be taken against him as per the law. Conduct of the PIO is admonished.
Notwithstanding the above, the Commission, notes from a perusal of the facts on record that the information sought in instant RTI Applications are cumbersome, extremely voluminous, requires compilation, indeterminate in nature. Respondent has made a sincere effort to organize the same into clearly defined points while giving point-wise reply to each RTI applications.
Even if, the Commission was to empathetically consider the concerns raised by the Appellant through the Second Appeal, she is reminded of the fact that her right to information is far from being absolute and unconditional. That, it is rather unfortunate that even the best of intentions has to not only stand the test of procedural requirements and fetters laid down in the RTI Act but also stand the test of practicality, a notion well recognised by the superior Courts in a catena of judgments such as the Hon'ble Supreme Court's observation in the matter of Central Board of Secondary Education (CBSE) & Anr. v. Aditya Bandhopadhyay and others [(2011) 8 SCC 497] stating that:
"37. ....Indiscriminate and impractical demands or directions under RTI Act for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counter-productive as it will adversely affect the efficiency of the administration and result in the executive getting bogged down with the non- productive work of collecting and furnishing information. The Act should not be allowed to be misused or abused, to become a tool to obstruct the national Page 30 of 32 development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty.
The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of a public authorities prioritising 'information furnishing', at the cost of their normal and regular duties." (Emphasis added) In view of the above, the appellant is advised to make judicious use of his right to information in future.
Now, coming to ground of filing instant appeals are concerned, the Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records observed that the main premise of instant Appeals was non-compliance of FAA's orders. In response to which, the Respondent apprised the bench that a revised reply in each case has been furnished to the appellant in compliance to FAA's order vide letter dated 23.10.2024. He handed over a copy of said letter to the appellant and read out the contents of the same, which could not be taken on record as the same was not uploaded by the respondent on the link given in the Commission's hearing notice. The Respondent further tendered his apology for delayed replies. However, he has not filed any document to prove the same before the Commission.
In view of the above, the Respondent is directed to provide a revised reply against each RTI application in compliance of FAA's order as per the provisions of the RTI Act. This reply/updated information should be provided to the appellant, free of cost, within four weeks from the date of receipt of this order.
First Appellate Authority to ensure compliance of the directions.
Page 31 of 32With the above directions, the instant appeals are disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Department of Hindu Religious Institutions and Waqf, 3rd Floor, Collectorate Complex, Pettaiyanchathiram, Aruthra Nagar, Puducherry - 605009 Page 32 of 32 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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