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2008 (8) TMI 464 - HC - Central ExciseThis writ appeal is directed against the judgment and order of the Writ Court, whereby the learned Judge dismissed the Writ Petition and upheld the order passed by the Tamil Nadu Information Commission, whereby the State Commission, the first respondent herein, held that the appellant is a ‘public authority’ under Section 2(h) of the Right to Information Act, 2005 (RTI Act) and directed the appellant to furnish the required information to the second respondent. - The RTI Act has also provided a remedy for facilitating the exercise of the right to information and the reason for the remedy is also indicated in the Preamble to the Act - Such an Act must receive a purposive interpretation to further the purpose of the Act. So any interpretation which frustrates the purpose of RTI Act must be eschewed. Following the said well known canon of construction, this Court interprets the expression ‘public authority’ under Section 2(h)(d)(i) liberally, so that the authorities like the appellant who are controlled and substantially financed, directly or indirectly, by the government, come within the purview of the RTI Act. In coming to the conclusion, this Court reminds itself of the Preamble to the RTI Act which necessitates a construction which will hopefully cleanse our democratic polity of the corrosive effect of corruption and infuse transparency in its activities. - Held that the appellant is a ‘public authority’ within the meaning of Section 2(h)(d)(i) of the RTI Act - learned Judge of the writ Court came to a correct conclusion
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