Punjab-Haryana High Court
Punjab Cricket Association vs State Information Commission And ... on 12 December, 2013
Author: Ajay Kumar Mittal
Bench: Ajay Kumar Mittal, Jaspal Singh
CWP No.12367 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.12367 of 2011
Date of decision: 12.12.2013
Punjab Cricket Association
......Petitioner
Vs.
State Information Commission and another
.....Respondents
CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL
HON'BLE MR. JUSTICE JASPAL SINGH
Present: Mr. Anil Kshetarpal, Advocate in CWP No.12367 of 2011.
Mr. Rajdeep Singh Cheema, Advocate in CWP No.21381 of
2011.
for the petitioners.
Mr. N.K.Verma, Sr.DAG, Punjab.
Ms. Tanisha Peshawari, DAG, Haryana.
Ajay Kumar Mittal,J.
1. This order shall dispose of CWP Nos.12367 and 21381 of 2011 as the legal issue involved in both the appeals is identical. However, the facts are being taken from CWP No.12367 of 2011.
2. Challenge in CWP No.12367 of 2011 is to the order dated 22.6.2011, Annexure P.6 passed by the State Information Commission, Punjab (SIC) declaring the petitioner to be a 'public authority' within the meaning of Section 2(h) of the Right to Information Act, 2005 (in short, "the RTI Act"). Briefly, the facts are that the petitioner is a society Singh Gurbax 2013.12.18 12:43 I attest to the accuracy and integrity of this document High Court Chandigarh CWP No.12367 of 2011 2 registered under the Societies' Registration Act, 1860. Respondent No.2 filed an application dated 15.4.2011, Annexure P.1 addressed to the Punjab Cricket Club, Mohali seeking information under the RTI Act. The application was also addressed to Punjab Cricket Association, Mohali. It was returned unopened to the sender with the remarks - "does not relate to PCA". Thereafter, respondent No.2 filed a complaint dated 8.5.2011, Annexure P.3 to the State Information Commission, Punjab. Notice dated 1.6.2011, Annexure P.4 was issued to the petitioner for 22.6.2011. On that date, the petitioner through its counsel appeared and sought time for filing reply. It was also pointed out that as the issue with regard to the petitioner being a "public authority" within the meaning of section 2(h) of the RTI Act was pending before the Commission in another case, therefore, both the cases may be clubbed together. It was further pointed out that the petitioner wanted to file LPA against the judgment of learned Single Judge dated 9.5.2011 in CWP No.19224 of 2006 in this Court. In spite of that, the Commission passed the impugned order dated 22.6.2011 holding the petitioner to be a "public authority". Hence the present writ petition.
3. We have heard learned counsel for the parties and perused the record.
4. The State Information Commission while deciding the issue had relied upon Single Bench decision of this Court dated 9.5.2011 in CWP No.19224 of 2006 (The Hindu Urban Cooperative Bank Limited v. The State Information Commission and others) and 23 connected cases. Vide our order of even date in LPA No.1174 of 2011 (Punjab Cricket Association v. State Information Commission and another) and other Singh Gurbax 2013.12.18 12:43 I attest to the accuracy and integrity of this document High Court Chandigarh CWP No.12367 of 2011 3 connected cases, the matter has been remanded to the State Information Commission to decide the same afresh in view of the judgment of the Apex Court in Thalappalam Ser. Coop.Bank Limited and others v. State of Kerala and others, Civil Appeal No.9017 of 2013, decided on 7.10.2013.
5. Accordingly, both the writ petitions are allowed in the same terms. The impugned order dated 22.6.2011 in CWP No.12367 of 2011 and order dated 5.7.2011 in CWP No.21381 of 2011, Annexures P.6 and P.1 respectively are set aside. The matters are remanded to the State Information Commissions, Punjab and Haryana to decide the same afresh in view of the judgment of the Apex Court in Thalappalam Ser. Coop.Bank Limited's case (supra) in accordance with law. The interim order shall continue till the matter is decided by the respective State Information Commission.
(Ajay Kumar Mittal)
Judge
December 12, 2013 (Jaspal Singh)
'gs' Judge
Singh Gurbax
2013.12.18 12:43
I attest to the accuracy and
integrity of this document
High Court Chandigarh