Tuesday, April 19, 2011

[HumJanenge] SGPC is a Public Authority under RTI Act holds CIC New Delhi.

Advocate H.C. Arora.jpg

New Delhi - SGPC is a Public Authority under RTI Act holds CIC New Delhi. CIC further directs the SGPC to collect requisite information from Nankana Sahib Education Trust and deliver the same to Kuldeep Singh Khaira.

 

In this case, grievance of Kuldeep Singh Khaira (of Ludhiana) was that the Public Information Officer of SGPC had not supplied the requisite information to him pertaining to Nankana Sahib Education Trust. The SGPC had been taking shelter of a stay order granted by the Punjab & Haryana High Court in another case staying the order issued by Punjab State Information Commission directing SGPC to give information to appellant therein. However, recently the Punjab and Haryana High Court had clarified its order and observed that the said interim order shall not apply to other cases pending before the Information Commission. That opened the doors for hearing of present appeal of Khaira by the CIC New Delhi.

 

Mr. M.L. Sharma, the Central Information Commissioner, in his order, has held that "in view of Delhi High Court's judgment in Delhi Gurdwara Prabandhak Committee's case, he "has no hesitation in holding that the Sikh Gurudwara Prabandhak Committee constituted under sub-section (3) of section 2 of the Sikh Gurudwaras Act, 1925, is a Public Authority under section 2(h) of the RTI Act."

 

Referring to the status of Nankana Sahib Education Trust, the CIC held that "Trust in question is under the management and control of SGPC. As SGPC has been held to be a Public Authority and as the Trust is under the predominant and pervasive control of SGPC, the latter (SGPC) has all the authority to summon requisite information from the Trust in terms of section 2(f) of the RTI Act."

 

            In the circumstances, the CIC issued following directions to SGPC Amritsar :-

""(i) The SGPC, Amritsar will appoint a CPIO and an Appellate Authority under the RTI Act in 06 weeks time; and (ii) The CPIO, when so appointed, will summon the information requested for by the appellant from the Nankana Sahib Education Trust, Ludhiana, and supply it to the appellant.

 

11. The order of the Commission may be complied with in 10 weeks."

 

H.C. ARORA - As authorized by Kuldeep Singh Khaira



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