G.S.SANDHAWALIA,J. - (1.) The present writ petition is directed against the order dated 20.07.2016 (Annexure P16). Vide the said order, the respondent- Commission has come to the conclusion that the respondent-hospital is not a Public Authority, under Section 2(h)(d)(i) & (ii) of the Right to Information Act, 2005. A finding has been recorded that the Government has neither substantial control over it nor there is substantial financing by the appropriate Government. The respondent-hospital has, thus, not been held liable to provide the information to the complainant and the complaint case was closed being bereft of merit.
(2.) Counsel for the petitioner has based his argument on the ground that 12 acres of land had been leased out by the Punjab Government and there were grants being given by the Government and therefore, respondent No.2-hospital and respondent No.3-Society would come within the definition of 'Public Authority' and therefore, it is liable to provide information, as demanded. Reliance has been placed upon the order under Section 80(G)(5)(vi) of the Income Tax Act, 1961, to submit that benefits have been taken and the Society should be treated as a 'Public Authority.
(3.) A perusal of the paperbook would go on to show that the land in question was allotted in the year 1950, at the time of partition. The Municipal Corporation, Ludhiana had been giving annual grant of Rs.50,000/-, which would be clear from Annexure P4, which pertains to the year 1999. A perusal of Annexure P7 would also go on to show that the respondent-Society is a registered charitable institution and running Dr.B.L.Kapoor Memorial Hospital and College of Nursing. The petitioner is an ex-employee whose services were terminated by the said hospital, which has led to the filing of the application seeking information.;