Asking the Delhi Lieutenant Governor's office to desist from adopting a flip-flop approach, the CIC has directed it to make clear within 30 days whether it considers itself a public authority under the Right to Information Act or not.
The case relates to an RTI applicant seeking to get from the Lt Governor's Office the communication exchanged with Delhi Chief Minister Arvind Kejriwal, Advocate General and Solicitor General in connection with the Khriki Extension raid where the then Law Minister Somnath Bharti's conduct came under question.
He had also sought copies of other communications exchanged between LG and some other authorities on various issues. In its reply, the office neither provided information nor did it dispute being a public authority under RTI Act.
The issue arose before Information Commissioner Sridhar Acharyulu where officials representing the LG office cited a stay issued by Delhi High Court which was deciding on whether the office comes under the purview of the law.
"They (Lt Governor office) never raised the claim that the office of LG was not public authority under RTI Act, 2005, until recently when they obtained a stay order from the Delhi High Court," Acharyulu pointed out.
Stating that LG office was violating the fundamental right to equality given under Article 14 of the Constitution, he said, "Strangely, the office of LG took a peculiar stand that whenever it is feasible it will conduct itself as a 'public authority' under the RTI Act to give information, and whenever it is not, it will raise the claim that it is not a public authority."
Acharyulu directed LG office to inform and explain their contradictory stand and firm decision whether it wants to be public authority within 30 days.
"The people of Delhi have a right to know whether their LG office is public authority or not...This is needed because it will kick up unnecessary litigations and increase the pendency on Delhi High Court," he said.
