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| Shrine Board a Public Authority, its audit reports obtainable under RTI: SIC | | | Early Times Report
Jammu, July 14: The State Information Commission has ruled that Shri Mata Vaishno Devi Shrine Board is public authority and it must divulge information related to it under state RTI Act to the information seekers.
Shri Mata Vishno Devi Shrine Board (SMVDSB) Katra had denied to provide information about its audit reports etc under J&K RTI Act as the board had raised a question that Governor of J&K happens to be the Chairperson of the board and the office of the Governor is exempted for giving information under RTI Act as per the decision of Goa State Information Commission (GSIC).
Details available with Early Times reveal that Vilakshana Singh, Advocate R/o. Sidhra, Jammu filed an application dated: 09.02.2015 before the PIO, Shri Mata Vaishno Devi Shrine Board (SMVDSB), Katra under the J&K Right to Information Act, 2009 wherein he asked the PIO to provide him the certified copies of the year wise complete audit reports (containing statements as to Income-Expenditure, Assets, Liabilities, Loans taken, Loans Advanced) of Shri Mata Vaishno Devi Shrine Board for the years 1996-97 to 2001-2002 and for the years 2012- 13 to 2013-14.
The PIO, Shri Mata Vishno Devi Shrine Board (SMVDSB) , Katra vide office letter No. CO/P/RTI-36/15992-15994 dated: 06.02.2015 informed the information seeker Khalid Mustafa Bhatti Advocate and vide office No. CO/P/RTI-36/16224-16225 dated: 03.03.2015 to Vilakshana Singh, Advocate that Hon'ble Governor of J&K is the Chairman of SMVDSB in his capacity as Governor of the State and the amenability of the institution of Governor under the Right to Information Act is sub-judice and under consideration of the Hon'ble Supreme Court of India being a substantial question of law, and the Hon'ble Supreme Court of India has stayed the judgment of Hon'ble High Court of Bombay at Panaji SLP (C) No. 33225 of 2011 in the matter concerning the above. Accordingly pending final determination of the issues and decision in the matter by the Hon'ble Supreme Court of India concerning the above, the information requested in the RTI application is returned herewith subject to final view to be taken by the Hon'ble Supreme Court.
In both these cases, the information was denied by the PIO due to stay order issued in the aforesaid petition, pending before the Hon'ble Supreme Court and as such these cases were clubbed together for disposal by the State Information Commission (SIC)
The Commission after receiving the above said appeal ruled that the plea taken by the appellant Khalid Mustafa Bhatti, Advocate before the First Appellate Authority (FAA) as well as before the Commission is that Hon'ble Governor of J&K is Head of the whole State under the Constitution of J&K besides Chairman, Chancellor and Chief of various Boards, Universities & other institutions of J&K in the capacity of Governor, then if all these Boards, Universities & other institutions of J&K State will not provide the information under RTI Act on the above mentioned plea, then the purpose of the RTI Act, 2009 for transparent governance will be defeated, and further submitted that this is clear case of deliberately avoiding the disclosure of information by Shrine Board to hide the illegalities.
The SIC inits order read, "The Commission is in full agreement with the submissions made by the appellant as well as the complainant in the appeal/complaint filed before the Commission and is of the considered opinion that the information sought by the information seekers has nothing to do with the office of the Governor as it solely pertains to SMVDSB Katra, which being public authority is under statutory obligation under section 6 of the J&K Right to Information Act, 2009 to receive request for obtaining information and dispose of the same as per provisions of the Section 7 of the RTI Act, 2009. In view of the aforesaid facts, observations and submissions made by the parties, the PIO, SMVDSB Katra is hereby directed to dispose of the RTI applications filed before him by the appellant/complainant within 10 days from the date of receipt of this order under an intimation to the Commission" |
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