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This is an archive article published on August 19, 2011

Reliance Infra challenges SIC8217;s RTI order

Anil Ambani-led Reliance Infrastructure has refused to divulge information to the public.

Stating that it was a private company and not a public authority,Anil Ambani-led Reliance Infrastructure Ltd RInfra has approached the Bombay High Court challenging an order passed by the State Information Commission SIC bringing the company under the ambit of provisions of Right To Information RTI Act.

The SIC,on July 19 passed an order bringing RInfra under the ambit of RTI after observing that though it was a private company it provided 8220;essential public service8221; of electricity and hence should come under the Act.

The order came following a complaint filed by one Anil Galgali. The Commission had also directed the company to appoint a Public Information Officer and an Appellate Officer as per provisions of RTI.

In its appeal challenging the order,RInfra has said it is not a body or institution of government established or constituted by the Constitution of India. 8220;RInfra does not fall within the definition of a public authority as either being owned,controlled or substantially financed by the funds provided by the government,8221; the petition states.

It further says that even the Information Commission has admitted that RInfra is a private company and has not been set up by the government. 8220;Thus there is no question of the RTI Act being made applicable to RInfra. The order passed by the Commission is liable to be quashed and set aside,8221; the company has said.

The petition would come up for hearing in due course of time. Galgali had approached the Commission after Reliance Energy declined to provide him information regarding his electricity bills. Galgali had sought information under the RTI Act which was rejected saying the provisions of the Act does not apply to private companies.

Galgali had argued before the Commission that RInfra was formed under the Company Act and functioned as a public utility and hence should come under the ambit of RTI.

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Accepting his arguments,the Commission had observed that the company was given work under the Electricity Act,2003 and supplying power is a public service under the Act.

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