Karnataka High Court Holds RTI Act Applies To Nirmiti Kendras, Slaps ₹50K Costs For Denying Information

The Karnataka High Court has held that Nirmiti Kendras qualify as 'public authority' in terms of Section 2(h) of the Right To Information Act and thus, they are bound to disclose available information under the Act.

For context, the object of Nirmiti Kendra is to develop skills in the construction area and carry out civil contracts assigned by the State.

Justice Suraj Govindaraj dismissed the petition filed by the Public Information Officer of the Kendra, who had approached the court challenging an order of the State Information Commissioner directing it to provide necessary information sought for by the applicant.

Further, the bench imposed a cost of Rs 50,000 on Kendra stating that it had "avoided" disclosure of information.

"All the Government offices and Departments are subject to RTI Act and are required to make available the information sought for. The attempt made by the officers of Nirmathi Kendra to suppress such transparency leaves much to be desired and does not inspire confidence," the Court said.

Petitioner-Nirmiti Kendra claimed it is not a Public Authority and thus would not be amenable to the rigor of the RTI Act.

The applicant HR Thimmaiah opposed the plea stating that the Kendra has been established by virtue of a Government order for the purpose of carrying out activities on behalf of the State and thus, in terms of Section 2(h) of the RTI Act, it is a Public Authority controlled or substantially financed by the Government.

The High Court referred to the proceedings of the Karnataka Government in regard to setting up of Nirmiti Kendras. Noting that the initiative was taken up by the Rural Development and Panchayat Raj Department and composition of the governing body comprised government officers, the Court said, “The control and supervision of the Nirmiti Kendra is by Government Officers, the funding is from HUDCO, which is again a Government entity, and contracts are issued by the government for the works done. There is a preference for the Nirmiti Kendra to carry out works of the Government.”

Referring to Section 2(h) of the RTI Act, Court said it is not only funding, but also control, which would have to be considered to determine whether it is a public authority or not.

The bench said, “Nirmiti Kendras were established on the recommendation of the Rural Development and Panchayat Raj Department. A working committee comprising Government Officers was created, comprising Secretaries, Chief Engineers, etc., to supervise the working of the Nirmiti Kendra. The general body of the Nirmiti Kendra consists of all the top officers of each District, and day-to-day activities of the Nirmiti Kendra are run by officers belonging to the State Government, many of whom belong to the Indian Administrative Service and the Karnataka Administrative Service. Thus, it is clear that Nirmathi Kendra is under the complete control of Government servants.”

It added “Insofar as the funding is concerned, as observed supra, the funding is by HUDCO, Government organisations, and financial institutions, and these funds are used for the implementation of public works. Thus, not only is the funding provided by the Government, but the works carried out by Nirmathi Kendra are also considered Government works.”

Accordingly it dismissed the petition.

Appearance: Senior Advocate Jayakumar S. Patil, for Advocate Rahul P the petitioner.

Advocate J.Prashanth, for Respondent No.3,

Advocate Amruthesh N, for Respondent No.4

Advocate Rajashekar K, for Respondent No.1

HCGP M Srinivas Kumar for R2.

Citation No: 2025 LiveLaw (Kar) 271

Case Title: PIO & THE PROJECT DIRECTOR NIRMITI KENDRA AND THE STATE INFORMATION COMMISSIONER & Others

Case No: WRIT PETITION NO. 52581 OF 2017

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