Question: Is office of the Official Liquidator under RTI ?

[karira]

CIC was supposed to conduct a full bench hearing on 1st August 2008.

However, the hearing has been canceled since the appellant informed the commission that he has already received the requisite information.

The complete CIC notice can be seen at:

http://cic.gov.in/CIC-Orders/AT-30072008-01.pdf

Can someone please clarify if this finally means that the "Office of the Official Liquidator" is a Public Authority under the RTI Act or not ?

[jiwateshwar]

If the "Office of the Official Liquidator" has a CPIO then it must be under the purview of RTI Act. Plz see this judgement from CIC in which the CPIO from "Office of the Official Liquidator" is a respondent.
http://cic.gov.in/CIC-Orders/Decision_25032008_09.pdf

I hope I understood what your query was!

[karira]

Then why was the full bench hearing scheduled in the first place ?

[jiwateshwar]

I guess we would have to see the application which was made.

[karira]

Jiwateshwar,

Office of the Liquidator : The matter is not decided as yet.

Please see:

http://cic.gov.in/CIC-Orders/AT-21072008-03.pdf

An important point regarding the status of the Office of Official Liquidator as a public authority is currently before the full Bench of the Commission. The decision of the full Bench could be awaited before this matter is progressed further.

[karira]

The full bench hearing of the CIC to decide this matter will be held on 17th October 2008.

The public notice is attached to this post.

[jiwateshwar]

I guess here is our answer :-

AND WHEREAS upon perusing the documents and hearing the respondents, it
was felt that a determination is to be made whether the Office of Official Liquidators
are independent ‘Public Authorities’ under Section 2(h) of the RTI Act, 2005,
especially in view of the direct control over them exercised by the respective High
Courts. As the issue is important from the legal point of view, it was decided that the
appeal be heard by a Larger Bench of the Commission.

Seems they are trying to have it declared as a PA separate from the High Court.

[karira]

The Offices of the Official Liquidators have finally been declared a Public Authority under the RTI Act.

The full order is attached to this post.

[karira]

As reported in thehindubusinessline.com on 25 November 2008:
The Hindu Business Line : Official liquidators attached to HCs covered by RTI Act: CIC

Official liquidators attached to HCs covered by RTI Act: CIC

NEW DELHI: The official liquidators working under different High Courts are “public authority” under the RTI Act and are under an obligation to provide details to an information seeker the transparency law, the Central Information Commission has ruled.

A full bench of the Commission has held that an Official Liquidator is a public servant appointed by the Central Government as his salary and allowances are paid by it and office expenses are also borne from the government budget.

The Commission's observation came after some applicants sought information from the official liquidator in different states. The information was denied to them saying that records available with the official liquidator were court records which could not be provided to a party without the direction of the High Court concerned.

The CIC said the primary function of the official liquidator is to take care of the assets of companies under liquidation, their sale and realisation of all debts for the purpose of distributing them among the various creditors and other shareholders of the companies.

The liquidator is also involved in finally dissolving such companies after their affairs are completely concluded. When a company is ordered for winding up by the High Court, the official liquidator attached to the said High Court takes possession of the company's assets, books of accounts, etc. and liquidates the company as per the Companies Act 1956 and timely directions of the High Court. - PTI