Central Information Commission
M K Sharma vs Ministry Of Defence on 26 April, 2017
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus,New Delhi-110067
Tel: +91-11-26106140/26179548
Email - [email protected]
File No. CIC/CC/A/2015/003686/SD
Date of Decision : 26/04/2017
Relevant facts emerging from the Appeal:
Appellant : M K Sharma
R/O Prem Nagar, Miran Sahib
RS Pura, Jammu, J&k
Respondent : Army Welfare Education Society
Building No. 202, Shankar Vihar
Delhi Cantt - 10
RTI application filed on : 28/10/2014
PIO replied on : 11/11/2014
First appeal filed on : 07/01/2015
First Appellate Authority : No order
order
Second Appeal dated : 02/04/2015
INFORMATION COMMISSIONER : SHRI DIVYA PRAKASH SINHA
Information sought:
The Appellant sought detailed list of all UDC, Accountants, Head Clerks appointed by Army Schools & Army Public Schools falling under the jurisdiction of HQ Western Command and HQ Northern Command for a period of 16 years i.e from 01.04.1996 to 31.03.2012.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through VC.1
Respondent: Col J.S. Yadav, SM (Retd), CPIO, Army Welfare Education Society, Delhi Cantonment present in person.
Respondent submitted that AWES in not under the purview of RTI Act and the Appellant has been informed accordingly.
Decision In the facts of the present matter, Commission relies on its decision in File No: CIC/RM/A/2014/004431 dated 08.09.2016 wherein the following was observed:
"....The case file was sent to the competent authority for constitution of a Division bench, to decide the issue, i.e. whether Army Welfare Education Society is a public authority or not.
The Information Commissioner, Shri Basant Seth has given his considered opinion on the case as under:
"Regarding Army Welfare Education Society (AWES) The Commission in its earlier order dated 06.10.2009 (File No. CIC/WB/A/2008/000634) -Smt Amba Joshi vs. AWES) has held that AWES is not a public authority. The Hon'ble High Court of Punjab & Haryana in its decision dated 20.02.2009 (CWP No. 6834 of 1996-Sudha Soin Vs. Union of India and others) while holding AWES is not a State within the meaning of Article 12 of the Constitution of India has observed as under:
3 "On consideration of regulations extracted herein above, it follows that the State has no control, much less deep and pervasive control, over the respondent school or society governing it. Financial assistance is not given by the Government, rather school is maintained by the interest on corpus grant, tuition fees, other fees, donations and sundry interests. It is a financially self supporting institution..........."
Similar findings have been returned by the Hon'ble High Court of Delhi in its decision dated 20/07/2015 (WP No. 5819 of 2015-Shivali Dhillon Vs Managing Director Army Welfare Education Society (AWES) and ors.).
The Hon'ble Supreme Court in its decision dated 07/10/2013 in the case of Thalappalam Ser. Coop. Bank Ltd. And others V/S State of Kerala and others (Civil Appeal No. 9017 of 2013) has held as under:-
"40. The burden to show that a body is owned controlled or substantially financed or that a non- government organization is substantially financed 2 File No. CIC/CC/A/2015/003686/SD directly or indirectly by the funds provided by the appropriate Government is on the applicant who seeks information.............................."
In the instant matter the appellant has not given any proper justification to show that AWES falls within the scope within the scope of Section 2 (h) of the RTI Act.
Hence, there is no point of law to be decided by a division bench or reason to differ with the view taken earlier by a Coordinate bench of this Commission. "
Commission finds the present matter to be squarely falling under the perspective of the aforesaid observations. Accordingly, no further action is warranted. Appeal is dismissed.
(Divya Prakash Sinha) Information Commissioner Authenticated true copy (H P Sen) Dy. Registrar/Designated Officer 3