Central Information Commission
Shri Ishwar Singh Walia vs Army Welfare Education Society (Awes) on 15 October, 2009
203 Ishwar Singh Walia Vs Army Welfare Edu Society AWES 15 10 4 1
CENTRAL INFORMATION COMMISSION
Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Appeal No. CIC/SM/A/2009/000203
Appellant: Shri Ishwar Singh Walia
Public Authority: Army Welfare Education Society (AWES)
(through Col. Rajesh Joshi(PIO);
Col. Naveen Sharma; & Col Subodh Garg)
Date of Hearing : 15/10/2009
Date of Decision: 15/10/2009
FACTS:-
The matter, in short, is that the appellant vide his letter dated 10/07/2008, had wanted to know as to what action had been taken by the Army Public School, Sadar Bazar, Delhi Cantt. on his application dated 19/06/2008. The CPIO had responded to him vide letter dated 24/07/2008, enclosing therewith a copy of the letter received from the Adjutant General's Branch, Integrated Hqrs., MoD (Army) to say that AWES is not a public authority in as much as it is neither controlled nor financed by the Central Govt. The Appellate Authority had affirmed the decision of the CPIO vide order dated 30/08/2008. In the present appeal the appellant has pleaded that the information sought by him falls in the ambit of section 2(f) of the RTI Act and that the AWES is a 'public authority' as defined under clause (h) of section 2 of the Act.
2. The matter was called for hearing on 15/10/2009. Appellant not present. The public authority is represented by the officers named above. It is the submission of Col. Joshi that even though requisite information has been informally given to the appellant regarding non-admission of his son in the Science stream for not meeting the requisite parameters, yet he would like to go on record that AWES is not a public authority as defined in clause (h) of the section 2 of the Act.
3. A similar matter had come up for consideration before this Commission in Appeal No.CIC/WB/A/2008/000634 (Smt. Amba Joshi Vs. AWES) wherein the Commission's attention was drawn to the Supreme Court Judgment in Union of India and Anr. Vs. Chhotelal & Ors. (JT 1998(8) SC 497) wherein the Hon'ble supreme Court had held as follows:-
"6. In view of the character of the Regimental funds, as discussed above, we have no hesitation to come to the conclusion that the said fund cannot be held to be public fund, by any stretch of imagination and the dhobis paid out of such fund cannot be held to be holders of civil post within the Ministry of Defence so as to confer jurisdiction of the Central Administrative Tribunal to issue direction relating to their service conditions. It is of course true that the Commanding Officer exercise some 203 Ishwar Singh Walia Vs Army Welfare Edu Society AWES 15 10 4 2 control over such dhobis put on that score alone if cannot be concluded that the posts are civil posts and that payments to the holders of such post is made from out of the Consolidated Fund of India or any public fund under the control of Ministry of Defence."
4. Furthermore, this issue had came up for consideration before this Commission in File No.CIC/AT/A/2006/00123 (Group Capt. M. Kapoor Vs. DGMI) wherein vide its decision dated 29/01/2007, this Commission had held that AWHO is not a public authority.
DECISION
5. On careful perusal of the judgment of the Supreme Court and the decision of this Commission referred to above, we are of the opinion that AWES is not a public authority. In this view of the matter, the appeal is dismissed, being bereft of merit.
Sd/ (M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K.L. Das) Assistant Registrar Tele: 011 2671 73 53 Fax: 011 2610 62 76 Copy to:-
(1) Shri Ishwar Singh Walia,
76/4, Old Pinto Park Air Force Station
Palam, Delhi Cantt - 110010.
(2) Col. Subodh Garg,
CPIO, HQ Delhi Area,
Delhi Cantt-10.
(3) The Appellate Authority
Western Command,
Chandimandir-134107.
203 Ishwar Singh Walia Vs Army Welfare Edu Society AWES 15 10 4 3