CENTRAL INFORMATION COMMISSION Club building, Opposite Ber Sarai Market, Old JNU Campus, - 110067. Tel: 011 - 26182593/26182594 Email: [email protected] File No : CIC/LS/A/2012/0001625-AB

Mr. P. Sreerama Pillai, Pulari House, Manakkara, Sasthamcotta P.O., Kollam-690521. ...Appellant Vs. Central Public Information Officer M/o Defence Brahmos Aerospace Ltd. Airport Road, Chackai Beach P.O., Thiruvananthapuram-695007. ...Respondent

Dates RTI Application 15.10.2011 CPIO’s response 18.10.2011 First Appeal 27.10.2011 FAA’s response 26.11.2011 Second Appeal 01.05.2012 Date of Hearing 13.05.2016

Information sought: Appellant sought information in connection with outsourcing of human resources

1. number of participants in the tender and their addresses with percentage of administrative charges quoted by each participant against column no. 8 of page 3 of the above quotation 2. percentage of lowest rate of administrative charges quoted in the quotation Interim Order

On the appointed date and time, the appellant was not present despite valid and timely notice. Heard the representative of the respondent Shri Binu Alex V. Company Secretary, BrahMos Aerospace Thiruvananathapura Ltd.

1 On the appointed date and time, the appellant was not present despite valid and timely notice. Heard the representative of the respondent Shri Binu Alex V. Company Secretary, BrahMos Aerospace Thiruvananathapura Ltd. It was submitted by the respondent that a similar issue relating to the maintainability of a complaint against the respondent had already been decided against the respondent by the State () Information Commission and the same was challenged before the Kerala High Court and the petition is sub-judice till the date of issuance of this interim order of the Commission The issue before the Kerala SIC was: (1) that BATL is not a public authority and (2) that the State Information Commission does not have jurisdiction in this matter. It was stated in the proceedings before the SIC that the entire property of the KELTEC was handed over to M/s BrahMos Aerospace Private Limited . 50.5% contribution was by Government of and49.5% by Russian govt. in M/s BrahMos Aerospace Private Limited The officers from the companies stated before the State Information Commission that DRDO is an organization exempted under section 24 of the RTI Act. They also stated that ISRO etc. have also made contribution to the company and is represented by a member in the Board. While examining the Government Order in G.O (Ms) No.129/2007/ID dated 11.10.2007, it is found that KELTEC A WHOLLY OWNED Kerala Government Company has been handed over to Brahmos Aerospace subject to the following conditions. (i) Services of all employees of KELTEC will be protected. (ii) In the event of Government of India diluting its stake substantially or withdrawing from the Company the 1st priority should be given to Government of Kerala in respect of KELTEC. The conditions obviously show that there is substantial interest of the Government of Kerala still remaining, in view of the fact that the entire assets of KELTEC a fully owned Government of Kerala undertaking has been invested in the Brahmos Aerospace Company. It is also pertinent to note that the KELTEC has been “ handed over ” only. Handing over does not mean, a transfer of title. No registration under the T.P. Act has been done. No land assignment has been authorized under the Land Assignment Act. Hence, the land of Brahmos AeroSpace Company is virtually owned by the Government of Kerala, even today

2 The foregoing discussion would amply prove that the Company is a “ public authority ” coming under Section 2(h) of the RTI Act 2005, since majority of its funds came from the Government of Kerala, by way of the “ handing over ” of KELTEC, a wholly owned public undertaking of Kerala, it is apparent that M/s Brahmos Aerospace is a public authority coming under Section 2 (h) of the RTI Act 2005 The instant company, though registered under the Companies Act, has its majority of assets and funds from Kerala Government. In the circumstances only the State Information Commission, Kerala can be the appropriate Commission with jurisdiction over the impugned Company in this case The BrahMos Aerospace, challenged the order of State Information Commission, Kerala in Kerala High Court As can be seen from the Record of Proceedings of W.P.(C) 8400/2014 dated 24.03.2014, the court has granted an ad-interim stay on the orders of the State Information Commission. The maintainability of an appeal is a prerequisite for admission and further orders by an Appellate Authority .As the question of jurisdiction of an Information Commission has been challenged in that writ petition filed by the respondent, it would be appropriate to keep the matter in abeyance till the issue of respondent being a public authority or not is finally settled by the Hon’ble Kerala High Court.

[Amitava Bhattacharyya] Information Commissioner

Authenticated true copy

(U.C. Joshi) Dy. Secretary

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