Times of India: Panaji: Tuesday, 6 August 2024.
The high court of Bombay at
Goa has held that comunidades do not constitute public authorities and
consequently do not come under the jurisdiction of the Right to Information
(RTI) Act, 2005. This observation was made while quashing and setting aside an order
of the state information commission which had directed a comunidade to provide
information under the RTI Act.“In our considered opinion, the mere fact that
the records are in the custody of the clerk, or that the information is
available with the administrator, will not bring the comunidade within the
purview of the RTI Act,” stated the division bench comprising Justices M S
Karnik and Bharat P Deshpande.
“For the RTI Act to be applicable, the comunidade must necessarily be considered a public authority as defined under Section 2(h), and only then will the requirement of designating a public information officer (PIO) arise under Section 5 of the RTI Act,” the HC elaborated.
The clerk/‘escrivao’ or the administrator is not obligated to provide information under the RTI Act solely because they are appointed by state govt, the HC held.
“Undoubtedly, Article 117 stipulates that the administrative offices of the comunidade are regarded as public offices for all purposes. However, this does not imply that merely because the comunidade records are in the custody of the clerk or that the information is available with the administrator, an application can be made to the administrator or clerk to furnish any information pertaining to comunidades under the RTI Act,” the court clarified.
“It is in the capacity as a regulator, supervisor, or custodian of records that the information is accessible to the administrator or clerk appointed by state govt,” the division bench observed.
“Therefore, once we conclude that the comunidade is not a public authority within the meaning of Section 2(h) of the RTI Act, there is no obligation on it to comply with the requirements of Section 4 in maintaining the prescribed records or publications, or providing reasons for administrative or quasi-judicial decisions to the affected persons.
“Moreover, there is no obligation on the comunidade to designate any central PIO or state PIO, as the case may be, to provide information to individuals requesting information under this Act,” the HC added.
The Goa State Information Commission had previously held that the comunidade of Pilerne is a deemed PIO under the RTI Act.
“For the RTI Act to be applicable, the comunidade must necessarily be considered a public authority as defined under Section 2(h), and only then will the requirement of designating a public information officer (PIO) arise under Section 5 of the RTI Act,” the HC elaborated.
The clerk/‘escrivao’ or the administrator is not obligated to provide information under the RTI Act solely because they are appointed by state govt, the HC held.
“Undoubtedly, Article 117 stipulates that the administrative offices of the comunidade are regarded as public offices for all purposes. However, this does not imply that merely because the comunidade records are in the custody of the clerk or that the information is available with the administrator, an application can be made to the administrator or clerk to furnish any information pertaining to comunidades under the RTI Act,” the court clarified.
“It is in the capacity as a regulator, supervisor, or custodian of records that the information is accessible to the administrator or clerk appointed by state govt,” the division bench observed.
“Therefore, once we conclude that the comunidade is not a public authority within the meaning of Section 2(h) of the RTI Act, there is no obligation on it to comply with the requirements of Section 4 in maintaining the prescribed records or publications, or providing reasons for administrative or quasi-judicial decisions to the affected persons.
“Moreover, there is no obligation on the comunidade to designate any central PIO or state PIO, as the case may be, to provide information to individuals requesting information under this Act,” the HC added.
The Goa State Information Commission had previously held that the comunidade of Pilerne is a deemed PIO under the RTI Act.
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