BENGALURU: The Karnataka High Court ruled that the Right to Information (RTI) Act is applicable to Nirmiti Kendra. “Nirmiti Kendra would be a public authority in terms of Section 2(h) of the RTI Act,” the court said, imposing a cost of Rs 50,000 on it for suppressing information sought by the applicant.
Justice Suraj Govindaraj passed the order while dismissing the petition filed by the Public Information Officer (PIO) and project director of Nirmiti Kendra in Chitradurga district.
The petition was filed against the order dated August 29, 2017, passed by the Karnataka Information Commission, which directed the petitioner to furnish information sought by applicants, while also imposing a cost of Rs 25,000 on it.
It was contended in the petition that Nirmiti Kendra is a private society, and not financed or aided by the state or central government.
The court said the direction issued by the Karnataka Information Commission to furnish the document sought by the applicant cannot be faulted. It is not expected of a government authority and officers of Nirmiti Kendra, who are government officers, to have taken such a stand that Nirmiti Kendra would not come within the purview of the RTI Act.
“All government officers and departments are subject to the RTI Act and required to make available the information sought. The attempt made by officers of Nirmiti Kendra to suppress such transparency leaves much to be desired, and does not inspire confidence. The petitioner has successfully avoided disclosure of information and details. In view of this, cost of Rs 50,000 is imposed,” the court said.