Central Information Commission
Smt. Amba Joshi vs Army Welfare Education Society, Delhi on 6 October, 2009
634 SmtAmbaJoshiVsArmyWelfareEduSocietyDlhi 06 10 5 1
CENTRAL INFORMATION COMMISSION
Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Appeal No. CIC/WB/A/2008/000634
Appellant: Smt. Amba Joshi
Public Authority: Army Welfare Education Society, Delhi
(through Col. Amar Narwat (Retd.))
Date of Hearing: 06/10/2009
Date of Decision: 06/10/2009
FACTS:-
The matter, in short, is that the appellant was employed as a teacher in Army School, Almora, when her services were terminated. It appears that she wrote letters dated 29/06/2007, 02/08/2007 and 23/11/2007 to Army School/AWES, seeking certain information in connection with the services rendered by her in the school. On not receiving any response, she filed the RTI application dated 19/01/2008. This was responded to by Smt. K.J. Fotedar, Principal, Army School, Almora, vide letter dated 30/07/2007, wherein it was stated that neither the Army School nor AWES is a public authority and, therefore, no information is disclosable to her.
2. Aggrieved with the decision of the CPIO, she has filed the present appeal.
3. Heard on 06/10/2009. Appellant not present. The public authority is represented by the officers named above. Col. Amar Narwat makes the following submissions:-
i) that the AWES is a registered Society under the Societies Registration Act (21 of 1860);
ii) that neither Army School, Almora, nor AWES is funded by the Central Govt. of any State govt.;
iii) that the infrastructure of the Army School, Almora, is created out of Regimental funds which are not public funds; &
iv) that recurring expenses of the schools are met through fee collected from the students etc. Thus, his principal submission is that neither Army School, Almora, nor AWES is a 'public authority' as defined u/s 2(h) of RTI Act, 2005. In support of his contention, he produces a copy of Supreme Court judgment in Union of India & Anr. Vs. Chhote Lal & Ors. (JT 1998 (8) SC 497). Para 6 thereof is extracted below:-
634 SmtAmbaJoshiVsArmyWelfareEduSocietyDlhi 06 10 5 2 "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 the 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 control over such dhobis but on that score alone it 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 of any public fund under the control of Ministry of Defence."
4. Furthermore, he draws our attention to this Commission's decision dated 29/01/2007 File No.CIC/AT/A/2006/00123 (Gr. Capt. M. Kapoor Vs. DG MI) wherein it was held that Army Welfare Housing Organisation (AWHO) is not a public authority. Col. Narwat pleads that the ratio of this decision, squarely applies in the present case.
5. The appellant is not present before the Commission to contest this claim.
DECISION
6. We have carefully perused the Supreme Court judgment and the decision of this Commission referred to above. The submissions made by Col. Narwat have force. In the facts and circumstances mentioned hereinabove, we are of the opinion that the Army School, Almora and AWES is not a public authority and, therefore, no information is disclosable to the appellant.
7. In this view of the matter, the appeal is dismissed.
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) Smt. Amba Joshi, (4) Major Manisha Gahlot
Diggi Bunglow, Paltan Bazar, GSO 1 (Legal) for DDG RTI
Almora, Uttaranchal. ADG PI, G-6, D-1 Wing, Sena Bhawan,
Gate No.4, IHQ of MOD (Army)
New Delhi-110011.
(2) The Appellate Authority,
M/o Defence,
Army Public School,
Almora (Uttranchal).
(3) The CPIO,
M/o Defence,
Army Public School,
Almora (Uttranchal).
634 SmtAmbaJoshiVsArmyWelfareEduSocietyDlhi 06 10 5 3