STATE INFORMATION COMMISSION (Under Right to Information Act, 2005) Samachara Hakku Bhavan, D.No.5-4-399, ‘4’ Storied Commercial Complex, Housing Board Building, Mojam Jahi Market, Hyderabad – 500 001. Phone Nos: 040-24740107 (o); 040-24740592(f)

Complaint No. 27825/CIC/2016 Dated: 21-11-2017

Complainant : Sri. N. Vijay Kumar, S/o. Shankaraiah, H No. 3-39, Badnepalle Village,

Sircilla Mandal, District

Respondent : The Public Information Officer (U/RTI Act, 2005) / O/o the Account Officer, Cooperative Electricity Supply Society Ltd. (CESS), , - Road, Subhash Nagar, Sircilla, -505301.

O R D E R

1. Sri. N. Vijay Kumar, S/o. Shankaraiah, H No. 3-39, Badnepalle Village, Sircilla Mandal, Karimnagar District has filed a complaint U/s 18(1) dated 27-08-2016 which was received by this Commission on 27-08-2016 for not getting the information sought by him from the PIO / O/o the Account Officer, Cooperative Electricity Supply Society Ltd. (CESS), Government of Telangana, Sircilla-Siddipet Road, Subhash Nagar, Sircilla, Karimnagar District-505301.

2. The brief facts of the case as per the complaint and other records received along with it are that the complainant herein filed an application dated 01-06-2016 before the PIO / O/o the Account Officer, Cooperative Electricity Supply Society Ltd. (CESS), Government of Telangana, Sircilla-Siddipet Road, Subhash Nagar, Sircilla, Karimnagar District requesting to furnish:

3. As the complainant did not get any information from the PIO, he filed this complaint before this Commission requesting to arrange to furnish the information sought by him and also take action against the PIO for not furnishing information sought by him.

The Complaint was taken on file and notices were issued to both the parties for hearing on 1-11-2017.

On 1-11-2017 the case is called. The complainant is absent. The Public Information Officer is present.

The Public Information Officer submitted that their organization does not come under purview of RTI Act, 2005. However, information was furnished to the complainant . He further submitted that he will file copy of Bye-laws of their Society in the matter.

On verification of material on record it is noticed that no information was furnished to the complainant.

In view of the submission of the Public Information Officer that he will file copy of bye-laws of the society, the case was adjourned to 21-11-2017. On 21-11-2017 the case is called. The complainant is absent. The Public Information Officer is present.

The Public Information Officer submitted that their organization is a society registered under the Societies Act 1964 and does not come under the purview of RTI Act, 2005 in view of the judgment of the Hon’ble Supreme Court in Tallapalam Case. He however submitted that he has furnished part information to the applicant. On the directions of the Commission, the Public Information Officer filed the Bye-laws of the Society.

The Co.op Electric Supply Society Ltd., Sircilla was established in 1969 with the main objective of making electric energy available to its patrons at the lowest cost. There are 17 other objectives also as mentioned in the Bye-laws. During the course of hearing, the Public Information Officer submitted that the Govt., is supplying power to the society at a subsidized rate of Rs.1/- per unit and the society is selling the same to the different categories of consumers at the rates fixed by the Govt. The difference between the purchase and selling price is the main source of income for the society.

Para 2 (b) (1) of the bye-laws reads: “To obtain license for the generation or purchase in bulk and supply of electric energy or to take over and work the license or licenses conferred upon the Electricity Board or any Company or individual upon such terms and conditions as may appear conducive to the interest of the Society and with the object aforesaid to adopt, to enter into and to carry into effect all such agreements, guarantees, deeds and instruments as may be necessary or shall be deemed advisable or proper.”

Para 11-A of Bye-laws also states that the Board shall appoint a full time Electrical Engineer with the prior approval of the Telangana State Electricity Board. Further according to Para 23 of the Bye-laws, the Indian Electricity Act is also made applicable to the Society.

The Public Information Officer during the course of hearing also submitted that the Government officers i.e., Divisional Engineers and Asst. Divisional Engineers of TSNPDCL are posted as Managing Directors and Admn. Officers of CESS, Siricilla. The Managing Directors and Admn. Officers will be having substantial control over the day to day working of the society.

The Hon’ble Supreme Court in Thallapalam Ser. Coop. Bank Ltd., Vs. State of Kerala (2013) 16 SCC 82 has observed at para 38: “38. Merely providing subsidiaries, grants, exemptions, privileges etc., as such, cannot be said to be providing funding to a substantial extent, unless the record shows that the funding was so substantial to the body which practically runs by such funding and but for such funding, it would struggle to exist …. “

It is clear from the above that the Society is practically running on account of the substantial subsidy provided by the Govt., and but for such subsidy the society would not have existed. Further, as referred above, there is substantial control of the Govt., over the affairs of the society through the appointment of officers.

The A.P. Information Commission in its earlier orders in (1) Sri Jukanti Jaganadham Vs. Co- Operative Electric Supply Society Limited (CESS), Sircilla, Karimnagar (Case No.12494/SIC-SPR/2014) and Sri Sirisilla Devaiah, Vs. Co-Operative Electric Supply Society Limited (CESS) , Sircilla, Karimnagar (Case No.12540/SIC-SPR/2014) also held that the respondent society is a public authority.

In view of the ratio laid down in the decision of the Hon’ble Supreme Court in the above case and also reiterating the earlier decisions of the A.P. Information Commission, this Commission is of the view that the respondent in the instant case is a Public Authority within the meaning of Sec.2(h) of RTI Act, 2005 and accordingly the Public Information Officer is directed to furnish the sought information to the applicant within two weeks from the date of receipt of this order and submit compliance report to the Commission.

With the above direction, the complaint is closed.

Dr. Raja Sadaram Soma Chief Information Commissioner

Authenticated by:

Assistant Registrar Copy to: IT Section/SF