Kendriya Bhandar is a public authority covered under the RTI Act

1.       In a landmark decision, the CIC has declared the Kendriya Bhandar as the public authority covered under the RTI Act, on the ground of that it was established by Central Government consequent upon a decision of the Cabinet headed by then Prime Minister Pt. Jawaharlal Nehru. The Kendriya Bhandar has also been held to be owned by Central Government as it has 81% shareholding in Kendriya Bhandar.

2.       Initially, the Kendriya Bhandar was providing information under the RTI, but after the Supreme Court Decision in Thalappalam Case, it took U turn, and declared itself to be outside the ambit of RTI.

3.       Demand for bringing the Kendriya Bhandar under RTI gained momentum, as there have been complaints of large scale irregularities and corrupt practices in the Kendriya Bhandar, which even reached the Indian Parliament.

4.       The Kendriya Bhandar vehemently opposed the move to declare it as a public authority, even to the extent that it denied the availability of the Notification under which it was established, even though; it’s website declared that on Jan 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. , 1963, “The government notified the setting of Kendriya Bhandar”. However, the complainant dug out the minutes of the Cabinet Meeting, dated 02 January, 1963, and also the consequential government order dated 22 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923 (19 of 1923), and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. January, 1963 establishing the Kendriya Bhandar, from the archives of the records of Central Government.

R.K. Jain