The Central Information Commission has directed the Department of Hindu Religious Institutions and Wakf in Puducherry to revisit an RTI plea on Sri Vedhapureeswarar Sri Varadarajaperumal Devasthanam and furnish available records, saying the temple's status as "not a public authority" does not absolve the department of its statutory obligation to disclose information held by it about the temple.

Information Commissioner P R Ramesh noted that the appellant had approached the Department, which is "admittedly a public authority" under the RTI Act, and not the temple.

The Central Information Commission (CIC) passed the order on an appeal seeking copies of the temple's annual budgets for 2021-22 to 2024-25, audited account statements for 2020-21 to 2023-24, audit reports and details of rectification of audit objections.

The applicant also sought details of complaints received against the temple's administrative officer and staff since 2021, disciplinary action taken, pending complaints, copies of complaints and related proceedings, besides inspection reports, registers maintained under the Puducherry Hindu Religious Institutions Act and orders relating to alienation of temple properties.

The Department had transferred the RTI application relating to budget and audit records to the temple administration under Section 6(3) of the RTI Act.

The temple administration, however, rejected the request, contending that the Devasthanam was not a "public authority" under Section 2(h) of the Act as it was not substantially financed by the Government of Puducherry, and relied on an earlier CIC order passed in 2020.

Information Commissioner Ramesh noted that the appellant had approached the Department which is "admittedly a public authority" under the RTI Act.

"Merely because the temple itself may not qualify as a public authority does not ipso facto absolve the Department of its statutory obligation to furnish information that is available with it or is held by it under law," the CIC said.

"The Department cannot deny access to records in its custody by simply transferring the application to an entity which itself disputes its status as a public authority," it added.

The Commission observed that the department had merely relied on the temple's response to queries relating to annual budgets, audited accounts and audit reports, without indicating whether copies of those records were available with it in discharge of its supervisory and statutory functions under the Puducherry Hindu Religious Institutions Act.

It also disagreed with the department's contention that details regarding complaints, investigations and disciplinary action did not fall within the definition of "information" under Section 2(f) of the RTI Act.

"The appellant has sought the number of complaints received, the status of investigation and disciplinary action taken. If such records are maintained by the Department, they constitute information under Section 2(f). Only where no such records exist the PIO can state that the information is not available. The PIO cannot reject the request by invoking Section 2(f) where existing records are sought," the Commission said.

The Commission directed the department to re-examine queries relating to budgets, audited accounts, audit reports and complaint records and furnish a revised point-wise reply, clearly stating wherever information is unavailable.

It also directed the department to facilitate inspection of the remaining records and provide copies of documents identified by the appellant after redacting information exempt from disclosure under the RTI Act.