Central Information Commission (CIC): Divya Prakash Sinha (Information Commissioner) considered whether Sri Vedapureeswarar Sri Varadarajaperumal Devsthanama will be a public authority under Section 2(h) of Right to Information Act.
M. Vaikunth, Counsel for the respondent stated that Sri Vedapureeswarar Sri Varadarajaperumal Devsthanam, Pondicherry is not a Public Authority under Section 2(h) of the RTI Act in the light of a Kerala High Court judgment, hence they are not supposed to provide information.
Commission on 07-11-2019 had observed that PIO had already provided a response to the appellant with regard to renovation works, donation, details of costs for various preparation made for Kumbabishekam etc. at Sri Vedapureeswarar Sri Varadarajaperumal Devsthanam.
At the stage of the second appeal, it was averred that Sri Vedapureeswarar Sri Varadarajaperumal Devsthanam is not a Public Authority, hence, outside the purview of the RTI Act.
In view of the above-stated, Commission in its interim decision had directed the respondent to send a written submission highlighting the factum as to how the averred Devasthanam is exempt under Section 2(h) of the RTI Act alongwith relevant legal citation/proposition in support of their arguments.
On perusal of the contentions of both the parties, Commission observed that appellant largely relied on conjecture suggesting the evasiveness towards transparency, alleged vested interest or rather deliberate conduct of the Executive Officer in withholding the information and has even questioned the merits of the appointment of the present Executive Officer.
Adding to the above, the Commission stated that no substantial submission was put forward by the appellant to prove that the respondent’s office is covered under Section 2(h) of the RTI Act.
Commission held that in the absence of any substantial argument of the appellant to prove that the respondent temple is a public authority as per Section 2(h) of RTI Act, the ratio laid down in Kerala High Court’s decision in A.C. Bhanunni v. Commr.,Hindu Religious & Charitable Endowments dated 11-03-2011, as well as Hyderabad High Court’s decision of G. Rajenderanath Goud v. Government of A.P. on 14-11-2018, restrict the amenability of Respondent temple to the provisions of RTI Act.
Hence, Sri Vedapureeswarer Sri Varadaraja Perumal Devasthanam cannot be deemed as a public authority under Section 2(h) of the RTI Act. [S Suresh v. CPIO, CIC/UTPON/A/2018/620714, decided on 31-08-2020]