{"id":207970,"date":"2009-03-20T00:00:00","date_gmt":"2009-03-19T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/shri-girdhari-lal-bhargava-vs-all-india-chess-federation-on-20-march-2009"},"modified":"2018-05-28T03:06:47","modified_gmt":"2018-05-27T21:36:47","slug":"shri-girdhari-lal-bhargava-vs-all-india-chess-federation-on-20-march-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/shri-girdhari-lal-bhargava-vs-all-india-chess-federation-on-20-march-2009","title":{"rendered":"Shri Girdhari Lal Bhargava vs All India Chess Federation on 20 March, 2009"},"content":{"rendered":"
Central Information Commission<\/div>\n
Shri Girdhari Lal Bhargava vs All India Chess Federation on 20 March, 2009<\/div>\n
             CENTRAL INFORMATION COMMISSION\n             Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066\n\n                       Complaint No. CIC\/PB\/C\/2008\/00947\/LS\n\nComplainant              :         Shri Girdhari Lal Bhargava\n\nRespondent                :         All India Chess Federation\n\nDate of Decision          :         20.3.2009\nFacts<\/pre>\n
      By his letter of 09\/08\/2008, the complainant had requested for information
\nfrom All India Chess Federation(Federation hereinafter) on the following six points:-\n<\/p>\n
“1.     Constitution of All India Chess Federation approved by Registrar.\n<\/p>\n
2.      Financial Regulations of AICF.\n<\/p>\n
3.      Rules for organizers.\n<\/p>\n
4.      Rules of code of conduct for organizers for championship\/tournaments.\n<\/p>\n
5.      Constitution of All Rajputana Chess Association and name and address of its
\n        office bearers\/executive. Whether the recognition is granted to ARCA by
\n        AICF and if so, is it in accordance with Rajasthan State (Registration,
\n        Regulation and Recognition) Sports Act, 2005.\n<\/p>\n
6.      Name and address of Members of Central Council of AICF.”\n<\/p>\n
2.     To this, Shri D.V. Sunder, Hony. Secretary, All India Chess Federation, had
\nresponded vide his letter dated 25\/09\/2008, mentioning therein that the Federation
\nwas not notified as Public Authority as required under the provisions of RTI Act and,
\nhad declined to furnish information to the complainant.\n<\/p>\n
3.     The complainant did not move the Appellate Authority and has filed the
\npresent complaint before the Commission.\n<\/p>\n
4.      The matter was heard on 28\/01\/2009. The complainant is represented by Shri
\nAkshay Sharma and Shri Ashok Bhargava. The Ministry of Youth Affairs & Sports
\nis represented by Shri Joe Sebastian, Director and Ms. Dipika Kachhal, Director.
\nShri Akshay Sharma has produced before me a copy of the letter dated 06\/02\/2006 of
\nShri D.V. Sunder, Secretary of the Federation wherein he has, inter alia, mentioned
\nas follows:-\n<\/p>\n
        “The Government of India grants about Rs.2 lacs to meet the expenses of the
\nTournaments and the expenses of players sponsored by All India Chess Federation to
\nplay in the international tournaments. The State Governments and the Government
\nof Tamilnadu give munificent grants to encourage and groom the players to achieve
\nfurther accredition at National and International levels.”\n<\/p>\n
 4.     Shri Sharma has also furnished a copy of the affidavit dated 20\/04\/2007 filed
\nby the Federation before the Hon’ble Madras High Court, in para 12 whereof it is
\naverred as follows:-\n<\/p>\n
       “The applicant respectfully submits that the Ministry of Youth Affairs &
\nSports of the Government of India is refusing to release the annual grant-in-aid of
\nRs.2 crores ………..”\n<\/p>\n
        By furnishing the above documents, it is Shri Sharma’s endeavour to
\nestablish that the Federation is substantially financed by the Central Government and
\nState Governments and, therefore, it falls in the domain of section 2(h) of the RTI
\nAct.\n<\/p>\n
5.     Shri Sharma has also drawn my attention to letter dated 08\/07\/2008 of the
\nHony. Secretary of the Federation addressed to the Commission wherein it has been
\nclaimed that the Federation is not “financed directly or indirectly by the Government
\nfunds to run its affairs.” It is the submission of Shri Sharma that the Federation has
\ndeliberately furnished misleading and factually incorrect information to the
\nCommission.\n<\/p>\n
6.     Shri Joe Sebastian, Director, Ministry of Youth Affairs & Sports furnishes a
\nwritten representation dated 22\/01\/2009(wrongly written as 22\/01\/2008) which is
\ntaken on record. Paras (c) and (d) from the representation are quoted hereinafter:-
\n“c)     that the All India Chess Federation is recognized by the Ministry as the
\nNational Sports Federation for the promotion of Chess in the country. The
\nfederation receives direct grant from the government for holding national &
\ninternational events in India, participation in competition & training held abroad, etc.
\nThe Government has released following financial assistance during the last four
\nyears to AICF:-\n<\/p>\n
                2005-06        -       Rs. 78,94,196\/-\n                2006-07        -       Rs.1,04,17,646\/-\n                2007-08        -       Rs.2,39,77,451\/-\n                2008-09        -       Rs.1,67,44,802\/-\n                (As on 22.1.09)\nd)      that the Ministry is examining the issue of declaring the national Sports\n<\/pre>\n
Federation as the Public Authority. On the basis of CIC’s order dated 28th
\nNovember, 2006, in Appeal No. 163\/ICPB\/2006, the Ministry had declared the
\nIndian Olympic Association and the Organising Committee Commonwealth Games,
\n2010 as the Public Authorities. However, both the organizations have got stay from
\nthe High Court of Delhi and the matter is subjudice.”\n<\/p>\n
7.     In this connection, I may refer to the decision of this Commission in Appeal
\nNo. 163\/ICPB\/2006. F.No.CIC\/PB\/A\/2006\/00158 dated 28\/11\/2006 (Shri Veeresh
\nMalik Vs. Indian Olympic Association) which has direct bearing on the matter under
\nconsideration. After considering the rival contentions, the Commission had held that
\nIndian Olympic Association is a public authority and had directed as follows:-\n<\/p>\n
        “Accordingly I direct IOA to publish details as required in terms of 4(b) of
\nRTI Act and also to designate CPIO&AA within a month from the date of this
\ndecision. It will also furnish the information sought by the complainant by the same
\ndate. Ministry of Sports shall ensure compliance of this decision.”\n<\/p>\n
8.     Subsequent thereto the Ministry of Youth Affairs and Sports had designated
\nthe Indian Olympic Association and the Organising Committee, Commonwealth
\nGames, 2010, as the public authority, but the order of the Ministry was stayed by the
\nHon’ble Delhi High Court vide its order dated 05\/02\/2007.\n<\/p>\n
9.      As the matter herein raised an important legal issue, it was decided to hear
\nthe Chess Federation of India. Hence, a notice was issued to Shri N. Srinivasan,
\nPresident, All India Chess Federation and Shri D.V. Sunder, Honorary Seceretary of
\nAll India Chess Federation and the matter was adjourned to 12.2.2009.\n<\/p>\n
10.    As scheduled, the matter was heard on 12.2.2009. Shri D.V. Sunder,
\nSecretary of the All India Chess Federation, Shri Bharat Singh Chauhan & Sr.
\nAdvocate Shri N.S. Shivam appeared before the Commission. Sr. Advocate Shivam
\nwould make the following submissions :\n<\/p>\n
i.     that the All India Chess Federation is a Society registered under the
\n       Tamilnadu Societies Act;\n<\/p>\n
ii.    that, undoubtedly, the Central Government has been giving grants to the
\n       Federation but it is being done on event to event basis to meet the travel and
\n       lodging and boarding expenses of the Chess Players within the country and
\n       abroad;\n<\/p>\n
iii.   that out of the grants received from the Central Government, every single
\n       penny is being spent for the purpose mentioned herein above and is not being
\n       spent on the office bearers of the Federation or in relation to the functioning
\n       of the Federation;\n<\/p>\n
iv.    that the accounts of the Federation are auditable by the Comptroller &
\n       Auditor General of India.\n<\/p>\n
v.     that the Central Government does not give grants to the Federation until the
\n       previous accounts have been settled;\n<\/p>\n
vi.    that this issue whether the Federation is a Public Authority had earlier come
\n       up before the Central Government but the Central Government had not
\n       communicated any decision in this regard which is reflective of the
\n       Government’s thinking on this issue.\n<\/p>\n
11.    His overall submission is that the Federation is not a Public Authority in
\nterms of section 2 (h) of the RTI Act.\n<\/p>\n
12.     Shri Sunder would submit that at no point of time, the Federation has tried to
\nmislead the Commission in any manner whatsoever, as pleaded by Shri Sharma on
\nbehalf of the appellant. His endeavor was only to bring factually correct position to
\nthe notice of the Commission.\n<\/p>\n
13.    When queried as to the overall budget of the Federation for the years 2005-
\n06, 2006-07, 2007-08 & 2008-09, Sr. Advocate Shivam would submit that he would
\n need some time to obtain these figures from the Federation and submit the same
\nbefore the Commission. Sr. Advocate Shivam also would submit that he would need
\nsome time to address the Commission regarding this Commission’s decision dated
\n28.11.2006 (Shri Veeresh Malik Vs Indian Olympic Association).\n<\/p>\n
14.     Hence, the matter was adjourned to 27.2.2009.\n<\/p>\n
15.      As   scheduled, the matter was heard on 27.2.2009.        The following were
\npresent:-\n<\/p>\n
    i.        Shri Bharat Singh Chauhan for All India Chess Federation;
\n    ii.       Shri Joe, Sebastain, Director, Ministry of Youth Affairs & Sports;
\n    iii.      Shri N.K. Sharma & Shri D.K. Sharma for the complainant.\n<\/p><\/blockquote>\n
16.    All India Chess Federation has filed written representation signed by its
\nHonorary Secretary which is taken on record. Para 1 of the representation mentions
\nthe grants received from the Government and the income of the Federation by
\nsubscriptions and other sources. The figures are given below :-<\/p>\n
\n\n\nS.No.    Year           Government Grant for        Income of AICF by Expenditure\n                        specific           sports   subscription & Other of AICF for\n                        expenses      in    India   Sources              its functioning\n                        Abroad\n1        2005-06        Rs. 0, 78, 94, 196.00       Rs. 0,62,69,890.00     53,44,712.60\n2        2006-07        Rs 1,04,17,646.00           Rs 1,04,57,963.00      65,63,367.85\n3        2007-08        Rs 2,39,77,451.00           Rs 1,05,57,826.00      78,42,275.52\n4        2008-09        Rs 1,67,44,802.00           Rs. 1,33,50,854.05     48,13,872.56\n         (As     on\n         22.01.09)\n<\/pre>\n
17.     It is has also been pleaded on behalf of the Federation that as per section 14
\n(1) of the Comptroller and Auditor General’s (Duties, Powers and Conditions of
\nService) Act, 1971, non-governmental organisations can be deemed to be
\n‘substantially financed’ only when the grant or loan given by Government forms
\nmore than 75% of the total expenditure of a body\/authority. The Federation has,
\nthus, tried to convass that as the funding from the Government sources is less than
\n75% of the total budget of the Federation for the years mentioned above, the
\nFederation cannot be said to be ‘substantially financed’ by the Government and,
\ntherefore, can not be deemed to be ‘public authority’.\n<\/p>\n
18.     On the other hand, it is the submission of Shri N.K. Sharma that secion 14 of
\nthe Comptroller & Auditor General’s (Duties, Powers and Condition of Service) Act,
\n1971, is not applicable in the matter in hand in as much as this section relates to the
\naudit of receipts and expenditure of bodies or authorities substantially financed from
\nthe Union or State revenues and it has no concern whatsoever with the determination
\nof what constitutes ‘public authority’ in terms of section 2 (h) of the RTI Act. It is
\nhis forceful submission that the Federation is a ‘public authority’ by virtue of being
\n substantially funded by the Government and is legally bound to respond to the RTI
\napplication question.\n<\/p>\n
19.      The question for consideration before this Commission is whether the
\nFederation is a ‘public authority’. In this context, it may be apt to refer to the case
\nlaw. It was pleaded before the Hon’ble Punjab & Haryana High Court that DAV
\nColleges & Schools in Punjab\/Chandigarh etc. were not public authority in terms of
\nsection 2 (h) of the RTI Act. The Hon’ble High Court in its order dated 25.2.2008 in
\nDAV College, Trust and Management Society and others Vs Director of Public
\nInstructions and others held as follows :-\n<\/p>\n
         “A perusal of the definition of ‘public authority’ shows that ‘public authority’
\nwould mean any authority or body or institution established or constituted apart from
\nother things by the notification issued by an order made by the appropriate
\nGovernment. It is to include even any body owned, controlled or substantially
\nfinanced or non-Government Organisation substantially financed directly or
\nindirectly by the funds provided by the appropriate Government. It is undisputed
\nthat the petitioners are receiving substantially grant-in-aid from the Chandigarh
\nAdministration. Once a body is substantially financed by the Government, the
\nfunctions of such body partake the character of ‘public authority’. The definition of
\nexpression public authority would include any organisation\/body owned, controlled
\nor substantially financed directly or in directly by funds provided by the Government
\nor even the non-government organization which is substantially financed. The
\npetitioner has claimed that they are getting only 45% grant-in-aid after admitting that
\ninitially the grant-in-aid paid to them was to the extent of 95 % which was given
\ninitially allowing the petitioner to build up its own infrastructure and reducing the
\ngrant-in-aid later would not result into an argument that no substantial grant-in-aid is
\nreceived and, therefore, it could not be regarded as ‘public authority’. Therefore, we
\ndo not find any substance in the stance taken by the petitioner that it is not a ‘public
\nauthority’.\n<\/p>\n
20.    It is note worthy even 45% grant in aid was found sufficient to hold
\nconcerned DAV institution as ‘public authority’.\n<\/p>\n
21.     A similar issue came up before the Hon’ble Madras High Court in
\nTamilnadu.      Road Development Company Ltd. Vs Tamilnadu Information
\nCommission. The question before the Hon’ble High Court was whether Tamilnadu
\nLoad Development Company is substantially financed or not. The Hon’ble High
\nCourt vide his order dated 5.8.2008 held as follows :-\n<\/p>\n
        “The RTI Act has also provided a remedy for facilitating the exercise of the
\nRight to Information and the reason for the remedy is also indicated in the Preamble
\nto the Act. So going by the direction in Heydon’s Case, followed by the Supreme
\ncourt in Bengal Immunity (supra) such an Act must receive a purposive
\ninterpretation to further the purpose of the Act. So any interpretation which
\nfrustrates the purpose of the RTI Act must be eschewed. Following the said well
\nknown cannon of construction, this Court interprets the expression ‘public authority’
\nunder section 2 (h) (d) (i) liberally, so that authorities like the appellant who are
\ncontrolled and substantially financed, directly or indirectly, by the government, come
\nwithin the purview of the RTI Act. In coming to the conclusion, this Court reminds
\n itself of the Preamble to the RTI Act which necessitates a construction which will
\nhopefully cleanse our democratic polity of the corrosive effect of corruption and
\ninfuse transparency in its activities. In this context, a few lines form Joseph Pulitzer,
\nin a slightly different context, will be very apt and are reproduced hereunder.\n<\/p>\n
                 There is not a crime, there is not a dodge, there is not a trick, there is
\n                 not a swindle which does not live by secrecy. Get these things out in
\n                 the open, describe them, attack them, ridicule them in the press, and
\n                 sooner or later public opinion will sweep them away.\n<\/p>\n
         This court, therefore, holds that the appellant is a ‘public authority’ within the
\nmeaning of Section 2 (h) (d) (i) of the RTI Act, and the learned Judge of the writ
\nCourt came to a correct conclusion, may be on the basis of some different reasons.”\n<\/p>\n
22.    From the table given in para 16 above, it would be seen that, admittedly the
\nGovernment funding was about 56% in 2005-06, about 50% in 2006-07; about 69%
\nin 2007-08; and about 55% in 2008-09. As mentioned above, the Hon’ble Punjab
\nand Haryana High Court has construed even 45% grant-in-aid as constituting
\nsubstantial financing. Further, the Hon’ble Madras High Court has underlined the
\nneed of purposive interpretation to further the purposes of the RTI Act. In view of
\nthe law laid down by the Hon’ble High Courts, the submission made on behalf of the
\nFederation lack force and deserve to be rejected.\n<\/p>\n
23.    Shri D.V. Sunder, Hon. Secretary, of the Federation vide fax message dated
\n10.3.2009 has informed the Commission that Shri Girdhari Lal Bhargava,
\ncomplainant herein, expired on 8th March 2009, which is taken on record.\n<\/p>\n
                                     DECISION\n<\/p>\n
24.     In view of the above discussion it is held that the All India Chess Federation
\nis a ‘public authority’ as defined under section 2 (h) of the RTI Act. Hence, the
\nFederation is hereby directed to publish details as required under section 4 (1) (b) of
\nthe RTI Act and also to designate CPIO & Appellate Authority within a months time
\nfrom the date of this decision.\n<\/p>\n
25.     The present matter has, however, become infructuous due to the sad demise
\nof the complainant.\n<\/p>\n
26.    The matter is disposed of subject to the above directions.\n<\/p>\n
                                                                                  Sd\/-\n<\/p>\n
                                                                        (M.L. Sharma)
\n                                                     Central Information Commissioner<\/p>\n
Authenticated true copy, Additional copies of orders shall be supplied against
\napplication and payment of the charges, prescribed under the Act, to the CPIO of this
\nCommission<\/p>\n
(K.L. Das)
\nAssistant Registrar\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Central Information Commission Shri Girdhari Lal Bhargava vs All India Chess Federation on 20 March, 2009 CENTRAL INFORMATION COMMISSION Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066 Complaint No. CIC\/PB\/C\/2008\/00947\/LS Complainant : Shri Girdhari Lal Bhargava Respondent : All India Chess Federation Date of Decision : 20.3.2009 Facts By his letter […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[39,1],"tags":[],"class_list":["post-207970","post","type-post","status-publish","format-standard","hentry","category-central-information-commission","category-judgements"],"yoast_head":"\nShri Girdhari Lal Bhargava vs All India Chess Federation on 20 March, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/shri-girdhari-lal-bhargava-vs-all-india-chess-federation-on-20-march-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Shri Girdhari Lal Bhargava vs All India Chess Federation on 20 March, 2009 - 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