HC demands audited accounts of Rajiv Gandhi Foundation

The Delhi High Court today asked the Rajiv Gandhi Foundation (RGF) to place on record its annual audited accounts to decide whether the organisation comes under the ambit of RTI Act.

hidden July 04, 2012 18:39:44 IST
HC demands audited accounts of Rajiv Gandhi Foundation

New Delhi: The Delhi High Court today asked the Rajiv Gandhi Foundation (RGF) to place on record its annual audited accounts to decide whether the organisation comes under the ambit of RTI Act.

Justice Rajiv Shakdher directed the RGF, the organisation working for welfare of the under privileged, to file its annual audited accounts right from its inception till 2010-2011 by November 21, the next date of hearing the matter.

HC demands audited accounts of Rajiv Gandhi Foundation

The Delhi High Court has sought the audited accounts of the Rajeev Gandhi Foundation.

"File the annual audited accounts right from its inception till the year 2010-2011 along with a tabular statement indicating year-wise overall income of the
Foundation and the component thereof received from the central as well as state governments or the instrumentalities thereof," Justice Shakdher said in an order.

The court was hearing the plea of Shanmuga Patro, a Delhi-based lawyer, challenging the order of Chief Information Commissioner(CIC) in which his plea was dismissed saying the Foundation is not a public authority and the information sought by him could not be provided by the organisation on
December 9, 2010.

According to the lawyer, the Foundation has been receiving funds from the government and it is engaged in a largescale public activities and by virtue of such activities it assumes the character of a public authority.

Patro had filed an application under the Right to Information (RTI) Act seeking a copy of the Constitution of the Rajiv Gandhi Foundation, a copy of the updated bye-laws and rules and regulation of the Foundation and a copy of the
documents showing organisational structure of the Foundation.

In 2009, the RGF had denied the information to Patro on the ground that the Foundation was not a public authority. RGF's counsel had claimed the Foundation has not been set up by a notification or order made by any government and, therefore, is not a public authority.

He also said the Foundation has received only 4 percent funding from the government but this is "insignificant" compared to the overall budget of the Foundation and hence, it does not fall under the purview of Section 2(h) of the RTI Act.

PTI

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