Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2020 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (5) TMI 640 - GUJARAT HIGH COURTRTI - Scope of Public Authority - whether the petitioner institutions would be public authority under the provisions of section 2(h) of the Act? - HELD THAT:- Reliance placed in the case of CENTRAL PUBLIC INFORMATION OFFICER, SUPREME COURT OF INDIA VERSUS SUBHASH CHANDRA AGARWAL [2019 (11) TMI 895 - SUPREME COURT] it is not possible to hold that the petitioners who are substantially financed by the companies owned by the State Government cannot be said to be "public authority and as such, the petitioners would be covered by the definition of "public authority" under section 2(h)(d)(i) of the Act 2005. Matters remanded back to the respondent no.1, as the matter is very old and in view of the facts on record, it would not be possible to take a different view than what is held by the respondent no. 2 to apply the provision of section 2(h) of the Act-2005 to consider the petitioners as public authority to apply the provisions of Act-2005 - petition allowed by way of remand.
|