Many thanks to the Delhi High Court Infowire team for informing me the contents
of the Court's Order in "DERC vs CIC".
"IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P. (C) 6735/2007
DELHI ELECTRICITY REGULATORY COMMISSION ..... Petitioner
Through: Mr. Meet Malhotra, with
Mr. Ravi S. S. Chauhan and Mr. M.S. Gupta,
Law Officer (DERC).
versus
CENTRAL INFORMATION COMMISSION
and ORS ..... Respondents
Through: Mr. K.K. Nigam, Adv. for CIC.
Mr. Sarabjit Roy, Resp. in person.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
O R D E R
23.04.2009
The petitioner Delhi Electricity Regulatory Commission challenges the
decision/order of the Central Information Commission, holding it to be public
authority. The respondent No.4 Mr. Sarabjit Roy had applied for information
about certain DISCOMS from the DERC. The petition was ultimately heard by the
CIC which firstly ruled that DERC was a public authority and then proceeded to
direct as follows: -
"This is also the case with DERC who, not able to access the information from
the DISCOMs should have acted within its responsibility u/s 2 (f) instead of
merely referring the matter to Government. DERC will now ensure that the
information sought by appellant Er Sarbajit Roy is made available to him within
one week of the date of issue of this order. Since DISCOMs have conceded during
the hearing, while contesting their status as public authorities, that the
information sought should be made available u/s 2 (f) by the DERC, they will
provide this information to DERC, so as to facilitate adherence of the DERC to
this directive."
The DISCOMS have preferred writ petition against the very same order
being WP (C) Nos.542/2007, 543/2007 and 544/2007. Those writ proceedings would
be heard separately. The limited ground on which the DERC is aggrieved by the
impugned order is that CIC has cast an obligation upon it to seek information
from DISCOMS as and when RTI applications are preferred to it. It is conceded
that DERC would be under duty to process such applications vis-a-vis
information available with it and disclosable in terms of Right to Information
Act, 2005. It is submitted that, however, it cannot be compelled to use its
statutory powers to regulate DISCOMS and call upon them and other
concerned/bodies to furnish information which is otherwise not in its
possession. Learned counsel submits that in such cases if the information is
with some other authority otherwise covered by the
provisions of the RTI Act, 2005, the application would have to be dealt with it
(such authority) in accordance with its provisions.
Mr. Sarabjit Roy, respondent in person submits that the CIC?s
determination that DERC powers can be used to lawfully access such information
as is with other DISCOMS, has been rightly directed by the CIC.
This Court has considered the submissions of the parties.
The structure of the RTI Act, 2005 is such that information which is
available with the public authority [information is defined under Section 2
(f)] can be accessed by any applicant. In case the authority to whom the
application is preferred does not possess it, it has to refer to another public
authority which possess such information. In this case to the extent that the
DERC does not possess such information and has been required to access it from
DISCOMS,its grievance appears to be justified. The impugned order of CIC is to
such extent modified; DERC cannot use its regulating powers merely to obtain
information (not already with it) from other bodies or concerns, in order to
answer queries or information applications received by it (the DERC). However,
in case such information is available with any other public authority within
the meaning of that expression that DERC is bound to forward the application to
such
authority. This Court is of the opinion that with this modification, the Writ
Petition can be disposed of. It is made clear that DERC cannot be compelled to
access information from any of the DISCOMS; the question of DISCOMS'
amenability to the expression "public authority" is subject to the decision in
Writ Petition.
The Writ Petition is disposed of in the above terms.
S. RAVINDRA BHAT, J
APRIL 23, 2009"
--- In [email protected], "sarbajitr" <sroy1...@...> wrote:
>
> Dear Chitta
>
> Its great to know that RTI is alive and kicking in Orissa /Kalinga.
> Sidharth has already mentioned that we have 2 ICs at CIC who are fluent in
> Oriya.
>
> It occurred to me that one of them is IC (AN Tiwari) who studied at Ravenshaw
> College (now a University) at Cuttack. Incidentally my great grandfather Prof
> Khirode Chunder Roy Choudhury was for many years the Principal of Ravenshaw
> College 100 years ago. He also brought out the first English newspaper of
> Orissa called "Star of Utkal" but stopped publication of this newspaper due
> to police censorship. He lived in Tulsipur (?), on one side lived Subhash
> Bose's family (Janaki Bose) and on the other was Biju Patnaik's father.
>
> That I come from a family which insists on defending (in person) their own
> RTI cases till the bitter end can be seen from this order dated 1911 from
> Utkal " Khirode Chunder Roy Chowdhury vs Emperor on 17 November, 1911"
> http://www.indiankanoon.org/doc/477048/
>
> Anyway, a careful reading of the Delhi High Court Judgement makes it clear
> that information can be accessed by a public authority from such private
> schools / colleges via 2(f) if a) The information sought can be *lawfully*
> accessed AND b) there is no bar or prohibition in *that* law. In another
> (unreported) judgement of J.Ravindra Bhat in my own case against
> DERC/DISCOMS, he has exempted the DERC (State Electricity Regulator) from
> using its regulatory powers to summon information from Discoms on behalf of
> RTI applicants.
>
> Your reasoning on such colleges being P/As in their own right is fallacious
> and "wishful thinking". If wishes were horse then beggars would fly.
>
> The 35 page DERC decision (it loses 1 page in the PDF version somehow)
> http://cic.gov.in/CIC-Orders/Decision_30112006_12.pdf
> (As usual we are back in the HC on this while the Discoms enjoy their
> ex-parte stay)
>
> Sarbajit
>
