JANMEJAY SAHU Vs. CENTRAL PUBLIC INFORMATION OFFICER

JUDGEMENT

(1.) THIS complaint is regarding an RTI Application dated 7.10.2013, filed by the Complainant seeking information on five points from the Respondents. The Respondents replied on 11.10.2013, stating that Magic Bus India Foundation is not a public authority as defined in Section 2(h) of the RTI Act. The Complainant filed a complaint dated 25.10.2013 to the CIC, which was received by the Commission on 6.11.2013.

(2.) THE matter came up before us today. The Complainant was not present, in spite of a written notice having been sent to him, to substantiate his complaint. In his letter dated 25.10.2013 to the Commission, he had stated that Magic Bus India Foundation comes under the purview of the RTI Act as a non -government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government. He had further stated that the above Foundation is receiving substantial government assistance at various levels, without, however, mentioning the specific Government assistance received by the Foundation. He also enclosed with his complaint the information given on the website of the Foundation. However, while making a mention of the government partners of the Foundation, the enclosure sent by the Complainant, does not mention any assistance received from the government. In the above context, we also note the following observation made by the Supreme Court in Thalappalam Ser. Coop. Bank Limited and Ors. v. State of Kerala and Ors. (Civil Appeal No. 9017 of 2013): - - "The burden to show that a body is owned, controlled or substantially financed or that a non -government organization is substantially financed directly or indirectly by the funds provided by the appropriate Government is on the applicant who seeks information or the appropriate Government and can be examined by the State Information Commission or the Central Information Commission as the case may be, when the question comes up for consideration. A body or NGO is also free to establish that it is not owned, controlled or substantially financed directly or indirectly by the appropriate Government."

(3.) THE Respondents submitted that Magic Bus India Foundation is a non -profit organisation and a completely self -reliant NGO. They are registered under FCRA and for donations within the country. Even though they are technical partners of the Government (Ministry of Youth Affairs and Sports) in the Sports for Development Programme, their role is as consultants and does not involve any financial assistance.