VIVEKANANDA ROCK MEMORIAL AND VIVEKANANDA KENDRA Vs. STATE INFORMATION COMMISSIONER TAMILNADU INFORMATION COMMISSION ANNA SALAI TEYNAMPET

JUDGEMENT

(1.) BOTH the matters arise out of the order passed by the State Information Commission dated 11.6.2009 confirmed by order dated 19.9.2009 in Case Nos.4746 and 4747 of 2009.

(2.) IN both the Writ Petitions, the respective 2nd respondents sought for certain information from the petitioner Vivekananda Rock Memorial and Vivekananda Kendra. After exchange of certain pleadings and procedures, the order dated 11.6.2009 came to be passed. IN the order signed by the Commission's Registrar on 11.6.2009, it was stated that while the petitioner contended that the Right to INformation Act will not apply to their association, the contesting respondents sought to justify that the petitioner is receiving funds from the State. Since the petitioner wanted an adjournment, the matter was adjourned to 24.6.2009 with cost of Rs.5,000/-. Subsequently, on the adjourned day, an order dated 24.6.2009 came to be passed.

(3.) IN the present case, as found from the impugned order, the Commission did not give any specific finding except by saying that adequate chances were given for producing records and since that was not done, it was found that the petitioner organisation is a public authority within the meaning of Section 2(h)(d)(ii) of the Act. If an application of the Right to INformation Act is sought to be made, on the basis of assertion of one party and the denial by the other party there must be a finding that the petitioner organisation was substantially financed either directly or indirectly by the funds provided by the appropriate Government. Therefore, the Commission will have to go into the details of the organisation in rendering a finding. It goes without saying that such a finding cannot be rendered by a one line order.