Central Information Commission
Yadhpal Sehrawat vs National Skill Development ... on 22 October, 2020
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File no.: -CIC/NSDCP/A/2019/110957
In the matter of:
Yudhpal Sehrawat ... Appellant
VS
Chief Executive Officer
M/s Apparel, Made - Ups & Home Furnishing Sector Skill Council,
Indian Building Congress, First Floor,
Sector - 6, R. K. Puram,
Kama Koti Marg, New Delhi- 110022 ... Respondent
RTI application filed on : 06/11/2018 CPIO replied on : 21/12/2018 First appeal filed on : 03/01/2019
First Appellate Authority order : Not on record Second Appeal dated : 11/03/2019 Date of Hearing : 21/10/2020 Date of Decision : 21/10/2020 The following were present: Appellant: Not present.
Respondent: Vikas Bakshi, authorized representative present through audio conference.
Information Sought:
The appellant has sought the following information with reference to SSC for the years 2015-2016, 2016-2017, 2017-2018 and 2018-2019:
1. The details of the projects carried out in the State of Haryana and which Government has sponsored the said projects.
2. How many Training Partners are registered in Haryana. Give number of students allotted to each partner - year-wise.1
3. The list of all Training Centres in Haryana and the name of the authority who has approved the said Training Centres.
4. And other related information.
Grounds for Second Appeal The CPIO has provided incomplete information.
Submissions made by Appellant and Respondent during Hearing:
The Appellant did not avail of the opportunity of attending the hearing despite due service of notice vide speed post no. ED500654196IN dated 01.10.2020 as well as intimation of the mode of hearing (i.e through audio conference) sent to the parties vide an email on 09.10.2020.
The representative of the Respondent reiterated the written submissions sent by the CEO (Dr. Roopak Vasishtha) prior to the hearing wherein it has been submitted that their office is not a public authority as per Section 2(h) of the RTI Act. In furtherance of this argument the following has been submitted inter alia:
"It is indicated that the undersigned is a company incorporated under the Companies Act, vide Certification of Incorporation vide certificate No. No.U93000HR2013NPL051406, 20133-2014 issued by the Registrar of companies, Delhi. The undersigned company is engaged in work of Apparel Made UPS and Home Furnishing Sector Skill Council, having its office at Indian Building Congress, First Floor, Sec-6, R.K. Puram, Kama Koti Marg New Delhi.
It is indicated that the undersigned company, who is a non profit organization, u/s.25 of the Indian Companies Act, had entered into a Memorandum of understanding dated 23.10.2017 for skill Development Initiative with Haryana Estate Industrial & Infrastructure Development Corporation Ltd (HSIIDC), which is a Govt. company and is a nodal agency for the development of industrial infrastructure in the State of Haryana by providing world class infrastructure in the form of industrial estates, townships and parks. It is indicated that HSIIDC to meet their aforesaid objectives was desirous of engaging the undersigned company who shall assist the HSIIDC in providing skill training for approximately 10000 candidates in 1 year across various job roles for implementing the project.2
It is indicated that an RTI application dated 2.11.20L8 was sent by Sh Yadhpal Sehrawat to the undersigned company sought certain queries with regard to the self employer tailor course of HSIIDC.
It is indicated that the said Sh Yadhpal Sehrawat, who was well aware of the fact that the undersigned is a Limited Company incorporated U/s.25 of the Indian Companies Act and it is a Not for Profit Organization and further aware of the fact that the skill training programme is being run by HSIIDC under a contract with undersigned company, however despite this, said Sh Yadhpal Sehrawat instead of seeking queries from HSIIDC, sought queries from the undersigned company. However the undersigned is not liable or responsible to answer any of the queries sought by him under Right to Information Act, 2005 being a limited company.
It is indicated that the undersigned company is a limited company and not for profit organization, hence it does not come under the purview of Right to Information Act, 2005.
It is indicated that the undersigned is neither a Non Governmental organization nor a Public Body nor any funds raised by the central Govt or any State Government in a aid, directly or indirectly, rather the undersigned has been working under a contract with a Govt. body i.e. HSIIDC and in no manner liable or responsible to give answer to anybody under RTI Act including said Yadhpal Sehrawat."
XXX Thus, in view of section 2(h)(d) (ii) of RTI Act, states about NGO substantially financed directly or indirectly by funds provided by the Govt. However the undersigned is a limited company and no funds of whatsoever nature, either directly or indirectly, in the form of aid, is provided by the central Govt or any state Govt.
It is indicated that the undersigned is a limited company and is not liable or responsible to answer any queries under RTI Act as it does not come under the purview of RTI Act, however even then the undersigned sent a reply dated 2L.L2.2018 to the queries sought by said Yadhpal sehrawat and also provided relevant data/documents."
In addition to this, the representative of the Respondent placed reliance on a decision of the Commission in File No. CIC/HCDEL/A/2019/100877-BJ as well as the judgments of the Hon'ble Supreme Court in the matter of CBSE and Anr.
3Vs. Aditya Bandopadhyay and Ors and Khanapuram Gandaiah Vs. Administrative Officer and Ors. to assert that information under Section 2(f) of the RTI Act is envisaged to be sought from the public authorities only.
Observations:
The Commission has taken into consideration the contentions of the Respondent and observes that the Appellant ought to discharge the burden of proof on him to prove that the Respondent office is a public authority as understood under the RTI Act. This flows from the ratio laid down in a judgment of the Hon'ble Supreme Court in the matter of Thalappalam Ser. Coop. Bank Ltd. And other Vs State of Kerala and Ors, wherein, the Apex Court has laid down few principles for assessing the applicability of Section 2(h) of the RTI Act and one such principle is the Burden of Proof as recorded in the following words:
"40. The burden to show that a body is owned, controlled or substantially financed or that a non-government organization is substantially financed directly or indirectly by the funds provided by the appropriate Government is on the applicant who seeks information or the appropriate Government and can be examined by the State Information Commission or the Central Information Commission as the case may be, when the question comes up for consideration..."
Similarly, on the aspect of funding, the Apex Court in the Thalapallam case held as under:
"38. Merely providing subsidiaries, grants, exemptions, privileges etc., as such, cannot be said to be providing funding to a substantial extent, unless the record shows that the funding was so substantial to the body which practically runs by such funding and but for such funding, it would struggle to exist...."
Now, despite the service of due notice since the Appellant has not availed of the opportunity of pleading his case to discharge the burden of proof as discussed above, the Commission is constrained to accept the stand of the Respondent office in the matter.
Decision:
In view of the foregoing observations, the Commission finds that in the absence of any material on record supplied by the Appellant to prove that the 4 Respondent office is a public authority as per Section 2(h) of RTI Act, no scope for relief subsists in the matter.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 5