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Central Information Commission

Mr.Sita Ram vs Ministry Of Home Affairs on 3 November, 2011

                        Central Information Commission
             Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, 
                     Bhikaji Cama Place, New Delhi­110066
                    Web: www.cic.gov.in Tel No: 26167931

                                                         Case No. CIC/SS/A/2011/001560
                                                                      Dated: 03.11.2011

Name of Appellant                    :      Shri Sitaram

Name of Respondent                   :      Vidhyadham Samiti, Banda

Date of Hearing                      :      02.11.2011

                                         ORDER

Shri Sitaram, the appellant has filed this appeal dated 8.11.2010 before the Commission against the Vidhyadham Samiti, for not providing information to his RTI- request dated 1.7.2010. The matter came for hearing on 02.11.2011. The appellant was absent, whereas the respondents were represented by Shri Raja Bhaiya of Vidhyadham Samiti and Shri J.K. Chattopadhyay, Deputy Secretary, Ministry of Home Affairs.

2. The appellant filed an RTI-request dated 1.7.2010 seeking information on four queries pertaining to money received from different foreign agencies under FCRA and expenditure thereof during the year 2009-10 and 2010-11. Shri Rajabhaiya, Minister, Vidhyadhan Samiti, Banda vide letter dated 9.7.2010 informed the appellant to remit Rs. 6230 towards photocopying charges of information consisting of 3115 pages.

3. Aggrieved by the reply of the Vidhyadhan Samiti the appellant preferred first- appeal on 27.9.02010 before FAA, Ministry of Home Affairs, FCRA Division, New Delhi.

4. During the hearing the respondent from Vidhyadham Samiti submitted that their Samiti is registered under FCRA with the Ministry of Home Affairs, they are getting aid from the foreign agencies. The respondent from MHA submitted that no RTI application has been addressed to MHA, FCRA Wing and MHA is not the appellate authority in 2 Case No. CIC/SS/A/2011/001560 respect of Vidhya Dham Samiti. He further submitted that the Commission in an identical case (Case No. CIC/SS/A/2010/000988 - Shri Santosh Kumar Srivas Vs. Vidhyadham Samiti) vide its order dated 16.3.2011 has observed that "Vidhayadham Samiti" is an NGO who is getting aid from the State Government for looking after the well-being of villagers and the appellant was advised that in case of any grievance against the Samiti, he can approach the competent authority of State Government of UP.

5. Having heard the respondent and perused the relevant documents, the Commission is of the considered view that the Vidhyadhan Samiti, Banda is an NGO and not a "public authority" within the definition of Section 2(h) of the RTI Act and Ministry of Home Affairs is not the First Appellate Authority.

The instant appeal is dismissed.

(Sushma Singh) Information Commissioner Authenticated true copy:

(K.K. Sharma) OSD & Deputy Registrar Address of the parties:

Shri Sitaram, S/O Shri Ramsharan Sriwas, Village- Mohanpur, Post- Gumanganj, Tehsil Naraini, District Banda (UP) Vidhyadham Samiti, Near Narayan Rice Mill, Sanjay Nagar, Badausa Road, Atarra, Post Atarra, District Banda-201201 (UP) The CPIO, Ministry of Home Affairs, Jaisalmer House, Mansingh Road, New Delhi-110011.