Justice C.V.Bhadang of the Bombay High Court at Goa today fixed for December 10th the final hearing of the petition filed by the Goa Raj Bhavan claiming that it is not a Public Authority and does not come within the purview of the Right to Information Act.
The Raj Bhavan has challenged the order passed by the Goa Chief Information Commissioner on 15th October, who while disposing a petition filed by Adv. Aires Rodrigues had upheld the earlier orders of the Commission holding that the Goa Raj Bhavan is a Public Authority and comes within the purview of the RTI Act. The High Court has today stayed till December 10th the order passed by the Goa Chief Information Commissioner.
Adv. Rodrigues today submitted before Justice Bhadang that with the exception of Goa all the other Raj Bhavans across the country and even the Rastrapathi Bhavan are complying with the RTI Act and that instead of strengthening the Transparency law, the Goa Raj Bhavan has allowed it to be weakened.
Adv. Aires Rodrigues in his application on 19th October to the Public Information Officer at the Goa Raj Bhavan had sought information on details of official tours and trips within India and overseas by the Governor and her family from the day she assumed office as Governor on 31st August 2014 to date and the total expenditure incurred on each of the tour and trip.
Adv. Rodrigues had also sought details of the unofficial tours and trips within India and overseas by the Governor and her family from the day she assumed office as Governor on 31st August 2014 to date paid for by Goa Government or Raj Bhavan and the total expenditure incurred on each of the tour and trip.
Adv. Rodrigues had further sought details of guests including VIPs, VVIPs and others who stayed at the Raj Bhavan from 31st August 2014 to date and the expenditure incurred on each such guest during their stay giving break up expenditure on stay, food, travel.
Also sought by Adv. Rodrigues were details of vehicles purchased for the Raj Bhavan from 31st August 2014 to date and the expenditure incurred on the purchase of each of the vehicle.
On a complaint filed by Adv. Aires Rodrigues the then State Chief Information Commissioner Mr. Motilal Keny on 31st March 2011 had ruled that the Goa Governor was a Public Authority and did come within the ambit of the Right to Information Act.
Later dismissing the appeal filed by the Goa Raj Bhavan against the order of the GSIC, the Bombay High Court at Goa in a landmark 58 page judgment pronounced on 14th November 2011 also ruled that the Governor of Goa was a Public Authority and was bound to furnish information sought under the RTI Act.
Taking a stand that the Goa Governor is not a Public Authority and does not come within the ambit of the RTI Act, the Goa Raj Bhavan later challenged before the Supreme Court the Bombay High Court judgment. A Division Bench of the Supreme Court comprising of Justice Arun Mishra and Justice Amitava Roy on 30th January this year dismissed the Special Leave Petition filed by the Goa Raj Bhavan.
