AIR FORCE SPORTS COMPLEX Vs. S S DAHIYA

JUDGEMENT

(1.) The present case raises a fundamental question regarding the applicability of the Right to Information Act, 2005 'RTI Act' to institutions that are beyond conventional governmental bodies. Specifically, the Court is tasked with determining whether the Air Force Sports Complex (AFSC) falls within the definition of a 'public authority" under Sec. 2(h) of the RTI Act, thereby necessitating the appointment of a Public Information Officer (PIO) and a First Appellate Authority in compliance with the provisions of the RTI Act.

(2.) Lt. Gen. S. S. Dahiya, the Respondent, Since contesting Respondent is only Respondent No. 1, accordingly, he is referred to as 'the Respondent' hereinafter. is a retired officer of the Indian Air Force. He filed an RTI application dtd. 22/2/2011, addressed to the Central Public Information Officer (CPIO), Air HQ, Vayu Bhavan, New Delhi, seeking information regarding alleged misuse and commercial exploitation of lands under the AFSC, Air Force Station, New Delhi. The application posed 55 questions, including several pertaining to the internal functioning of AFSC. In response, the CPIO provided a para-wise reply based on the records available. However, it was contended that since AFSC did not fall within the definition of 'public authority' under Sec. 2(h) of the RTI Act, the provisions of the statute would not be applicable to it.

(3.) Dissatisfied with the response, the Respondent filed an appeal before the First Appellate Authority, which was dismissed through order dtd. 21/6/2011, on the grounds that all available information had already been provided as per the records of the public authority. In the meantime, on 5/7/2011, the Respondent also filed another application with the PIO, seeking further information regarding the alleged misuse and commercial exploitation of AFSC land, which was responded to vide letter dtd. 16/8/2011.