Zila Sahakari Kendriya Bank Maryadit v. State Information Commission And ANR.
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 390 of 2013 Zila Sahakari Kendriya Bank Maryadit, Durg, through Chief Executive officer, Zila Shakari Kendriya Bank Maryadit, Durg, District Durg (C.G.) ---- Petitioner
Versus
1.
State Information Commission, Through - State Information Commissioner, Nirmal Chhaya Bhawan, Niradata Road, Shankar Nagar, Raipur (C.G.) 2.
Shri Laxmikant Tamrakar, S/o Late Panna Lal Tamrakar, R/o Maithlipara, Ward No. 2, Police Station Durg, District Durg (C.G.) --- Respondents For Petitioner : Shri Manish Upadhyaya, Advocate. For Respondent No. 1 : Shri Shyam Sunder Lal Tekchandani, Advocate. For Respondent No. 2 : None present, though served. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 26/07/2018 (1) Learned counsel appearing for the petitioner would submit that Zila Sahakari Kendriya Bank Maryadit, Durg has been held to be public authority within the meaning of Section 2(h)(i) of the Right to Information Act, 2005 (henceforth "Act, 2005"), which is contrary to the decision rendered by this Court in the matter of Zila Sahakari Kendriya Bank Maryadit, Jagdalpur v. State Information Commission and Another1 (2) On the other hand, counsel for respondent No. 1/ State Information Commission would support the impugned order.
(3) None for respondent No. 2, though served.
(4) I have heard learned counsel appearing for the parties, considered their rival submissions made hereinabove and also went through the record with utmost circumspection.
(2011) 4 MPHT 20
(5) This Court in Zila Sahakari Kendriya Bank Maryadit, Jagdalpur (supra) has clearly held that Zila Sahakari Kendriya Bank Maryadit, Jagdalpur does not come within the purview of "public authority" as defined under Section 2(h) of the RTI Act and therefore, the provisions of the RTI Act are not applicable to the said Bank by holding as under:- "20. The aforesaid statutory scheme of control by State and its functionaries in the matter of registration, framing and enanctment of bye-laws and function of Co-operative Societies including a Co-operative Bank goes to show that the nature of control exercisable by the State and it functionaries in respect of the Co-operative Societies is regulatory in nature.
21. In the case of Dr.Panjabrao Deshmukh Urban Co-operative Bank Ltd. (supra), similar issue arose for determination as to whether the bank registered under the Co-operative Societies Act fall within the meaning of "public authority" u/s 2(h) of the Act of 2005. Applying the test laid down by the Supreme Court in the case of S.S. Rana Vs. Registrar, Co-operative Societies and Another, and Ajay Hasia and others Vs. Khalid Mujib Sehravardi and Others, and the statutory scheme of control over a Cooperative Bank under Maharashtra Co-operative Societies Act, 1961, it has been held that Co-operative Bank does not come within the purview of "public authority" as defined u/s 2(h) of the Act of 2005. I am in respectful agreement with the view taken by the learned Single Judge in the aforesaid decision.
In the final analysis, I have to hold that the petitioner-Co-operative Bank in the present case, on the basis of the material adduced before this Court in the light of the statutory scheme of Act of 2005 and Chhattisgarh Co-operative Societies Act, 1961, does not come within the purview of "public authority" as defined u/s 2(h) of the Act. Consequently, the provisions of the Act are not applicable to the petitioner-Co-operative Bank and the order passed by the Chief Information Commission is in excess of authority under the law. In view of what has been held, it is not necessary for this Court to examine other issues raised by the petitioner. The order of the Chief Information Commission dated 26-9-2008 (Annexure P-1) is hereby set aside. The petition is accordingly allowed. There shall be no order as to cost(s)."
(6) Likewise, the Supreme Court in the matter of Thalappalam Ser. Coop.Bank Ltd. And Others v. State of Kerala and others2 while dealing with Kerala Cooperative Societies Act, 1969 held as under:- "54. We, therefore, hold that the Cooperative Societies registered under the Kerala Co-operative Societies Act will not fall within the definition of "public authority" as defined under Section 2(h) of the RTI Act and the State Government letter dated 5.5.2006 and the circular dated 01.06.2006 issued by the Registrar of Co-operative Societies Kerala, to the extent, made applicable to societies registered under the Kerala Co-operative Societies Act would stand quashed in the absence of materials to show that they are owned, controlled or substantially financed by the appropriate Government.
Appeals are, therefore, allowed as above, however, with no order as to costs." (7) Reverting to the facts of the present case, petitioner - Zila Sahakari Kendriya Bank Maryadit, Durg is also a bank constituted under the Chhattisgarh Co-operative Societies Act, 1960, therefore, decision rendered by this Court in the matter of Zila Sahakari Kendriya Bank Maryadit, Jagdalpur (supra) would squarely apply to the facts of the present case.
(8) Consequently, the impugned order dated 12.12.2012 passed by the respondent No. 2 is hereby set aside; and the application filed by the respondent No. 2 would stand dismissed. No cost(s).
(9) The writ petition is allowed to the extent indicated hereinabove. Sd/- (Sanjay K. Agrawal) Judge D/- AIR 2013 SC (Supp) 437