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TMI Blog2013 (2) TMI 407X X X X Extracts X X X X X X X X Extracts X X X X ..... chool run by the Trust is private unaided one and, therefore, it is not public authority to which provisions of RTI Act are applicable. The authorities have answered this issue in its favour and its concurrent findings have not been questioned by the respondent who sought information. The appellate authority, however, in the impugned order directed Education Officer (Secondary) to gather the information from the petitioners and to supply it to respondent No.5, an ex-employee of the petitioners. Thus, what could not have been done directly is sought to be achieved indirectly, thereby the powers or jurisdiction under the RTI Act are being exceeded & legal rights of the petitioner are violated. Learned counsel for the petitioners submits that the Head Mistress of the school had received a witness summons from the State Commission and, accordingly, she had appeared on 20th September 2011. Hearing, however, was conducted on 16th December 2011 and, on that day, the petitioners were absent as no notice was issued to them of any such hearing. Leaned counsel urges thus, that the said order passed by the State Information Commissioner i.e. respondent No.1 in the present matter is without a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the Education Officer. Said information has still not been supplied and hence, respondent No.1 has rightly allowed the appeal. The information sought for is accessible by the Education Officer and, accordingly, a correct direction has been issued by that authority. The very same legal provisions pressed into service by the petitioners are relied upon to support that exercise. Unreported judgment of the Uttaranchal High Court in Writ Petition No.809/2010 dated 3rd June 2010 (Anuj Public School v. State Information Commissioner) is also relied upon to support the impugned order. Learned counsel submits that the Appeal adjudicating authority has been empowered to ensure steps necessary to effectively implement RTI Act & ask the Education Officer to access/call requisite information with petitioners or to provide the same to it and then Education Officer is duty bound to supply it to the present respondent No.5. 6. It is urged that purpose for which information is sought is not decisive or relevant in the present matter but it is pointed out that respondent No.5 has succeeded in his appeal before the School Tribunal and his dismissal has been set aside. Learned counsel further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e public authority to take any such steps as may be necessary to secure compliance with the provisions of RTI Act. Sub-clause (i) then permits the said authority to achieve very same goal by providing access to information in a particular form. Main clause (a) is "general" in nature & ends with words "include". Its sub-clauses (i) to (vi) show the mention of specific powers or steps which may be taken. Thus, this placement & arrangement reveals the legislative mandate that powers later specified in sub-clauses are not designed to restrict the wide field kept deliberately open for the appellate forums and not to encroach upon the general power to issue various types of directions under main clause. The stipulation of specific powers is without prejudice to generality of vast power conferred by S.19(8)(a) i.e. main clause. There is no reason to cut down sweep of this procedure aimed at effective implementation as it militates with its completeness within the RTI Act envisaged & achieved through overriding effect in S. 22 & bar of jurisdiction of civil court in S.23. All the steps/measures required to be adopted for achieving the purpose, object of & compliance with RTI Act, are ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the democratic process and to help the governors accountable to the governed. In construing such a statute, the Court ought to give to it the widest operation which its language will permit. The Court will also not readily read words which are not there and introduction of which will restrict the rights of citizens for whose benefit the statute is intended. 61. The words 'held by' or 'under the control of under Section 2(j) will include not only information under the legal control of the public authority but also all such information which is otherwise received or used or consciously retained by the public authority in the course of its functions and its official capacity. There are any number of examples where there is no legal obligation to provide information to public authorities, but where such information is provided, the same would be accessible under the Act. For example, registration of births, deaths, marriages, applications for election photo identity cards, ration cards, pan cards etc. The interpretation of the word 'held' suggested by the learned Attorney General, if accepted, would render the right to information totally ineffective." 10. In paragraph 44, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 13th December 2010 by respondent No.5 is available with the petitioners or then, it is available with authorities granting approval i.e. respondent No.2, therefore, need not be looked into by this Court. Similarly, on 28th December 2012, respondent No.5 has demanded total nine documents or information & respondent 5 has stated that the information or documents in relation to serial Nos.1, 2, 3, 7, 8 and 9 are still not received by him. Whether this information or document/s is available with the petitioners or not can also be looked into by respondent No.1 after extending them an opportunity of hearing. It is not necessary for this Court to pronounce on it as petitioners have not been given necessary opportunity of hearing before passing of impugned order. 12. Perusal of judgment of Uttaranchal High Court in Anuj Public School vs. State Information Commissioner (supra) reveals that the learned single Judge has issued direction to the petitioners therein to give information not covered under section 8 of the RTI Act within two weeks. This judgment also considers situation of private institutes in the light of section 11 of the RTI Act. Its bearing in the matter, if any; can be po ..... X X X X Extracts X X X X X X X X Extracts X X X X
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