Central Information Commission
Master Ramzan Khan Gouri Fd Sic ... vs Ministry Of Petroleum & Natural Gas on 21 October, 2016
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhawan
Bhikaji Cama Place, New Delhi 110066
File No. CIC/SH/A/2015/001574
Name of the Appellant : Shri Master Ramjan Khan Gauri
Ward No. 26, Head Post office,
Danta, Sikar, Rajasthan - 332702
Name of the Respondent : Manager, Dantaramgarh Indane Gas
Services, Rajeev Circle, Near Bus Stand,
Sikar, Rajasthan 332703.
ORDER
The Appellant has filed an appeal dated 16.1.2014 to the State Information Commission, Rajasthan, which has been forwarded to the CIC on 12.6.2014 in respect of his RTI application dated 23.7.2012 filed to M/s Dantaramgarh Indane Gas Services. As per the records of the Commission M/s Dantaramgarh Indane Gas Services is not a public authority under the RTI Act, 2005. The definition of "Public Authority" as mentioned under Section 2(h) of the Right to Information Act, 2005, is quoted herein below:
2. Definitions. - In this Act, unless the context otherwise requires, ----
xxx xxx xxx
(h) "Public authority" means any authority or body or institution of self- government established or constituted, ____
(a) by or under the Constitution;
(b) by any other law made by parliament;
(c) by any other law made by state legislature;
(d) by notification issued or order made by the appropriate government, and includes any -
(i) body owned, controlled or substantially financed;
(ii) non- Government Organization substantially financed, directly or indirectly by funds provided by the appropriate Government.
3. Further, Supreme Court in its judgment dated 7.10.2013 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 " The burden to show that a body is owned, controlled or substantially financed or that a non - government organization is substantially financed directly or indirectly by the funds provided by the appropriate Government is on the applicant who seeks information or the appropriate Government and can be examined by the State Information Commission or the Central Information Commission as the case may be, when the question comes up for consideration. A body or NGO is also free to establish that it is not owned, controlled or substantially financed directly or indirectly by the appropriate Government."
4. Since the Appellant has not discharged the above burden or made any submissions to enable the Commission to examine the applicability or otherwise of the provisions of Section 2 (h) of RTI Act 2005 in this case, his application cannot be considered any further and the matter is being treated as closed.
5. Copies of this order be given free of cost to the parties.
Sd/-
(Sharat Sabharwal) Information Commissioner Date 27.9.2016 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.
(Vijay Bhalla) Deputy Registrar