The Appellant, Shri Shashikant Barve, through his RTI application dated 25.06.2012 sought certain information ( e.g. number and names of study circles in WIRC where the bank account of the study circle is being operated during 2012; payment made by the study circles operating in Pune to any branch of ICAI for holding any joint programmes during the period 01.01.2011 to 31.12.2011; names of currently elected CAs members on WIRC Managing Committee Mumbai or Council at New Delhi; study circle wise data in respect of their members and so on.) in respect of study circles operating in Western India Regional Council (WIRC) of the Institute of Chartered Accountants of India.
The CPIO vide her letter dated 21.08.2012, while inter-alia informing the Appellant that the relationship between ICAI and CPE study circles is only for limited purpose of recognising the CPE hours, denied the information on the ground that the same was not maintained by them.
During the hearing, the Respondents stated that the study circles are voluntary organisations which have been formed for the purpose of carrying out professional learning activities. According to them, the role of ICAI is only for recognising the study activities of these study circles and there is no financial support or funding made by ICAI to these study circles. They, therefore, expressed their inability to provide the information to the Appellant as the same is not held by them.
The Appellant, on the other hand, argued that the study circles are nothing but an “extended arm” of the ICAI and that ICAI has full control over them. He, in support, refered to the “Norms for CPE Study Circles” issued by ICAI, copy of which the Respondents has produced before the Commission.
A perusal of the norms issued by ICAI in respect of CPE study circles shows that ICAI does have supervisory control over these study circles. Para of these norms deals with accounts related matters and include provisions like every CPE study circle shall submit an annual statement of receipt and payment, income and expenditure and balance sheet to the Regional Council; Convenors of CPE study circles are authorised to collect a reasonable amount per member as annual membership fee to defray the cost of holding learning activities and other incidental charges; the responsibility for ensuring financial propriety in the financial management of the study circle for production of proper audited accounts, whenever required by the supervising branch/Regional council shall be that of the Convenor and Deputy Convenor etc.
On consideration of the arguments put forth by both the parties and perusal of the records, the Commission is of the view that the information sought by the Appellant here can be accessed by the Respondent from the CPE study circles (through its Convenor or Deputy Convenor) under section 2(f) of the RTI Act, which includes in the definition of information:
“….information relating to any private body which can be accessed by a public authority under any other law for the time being in force.” “In view of the above, the CPIO is hereby directed to obtain the information in question from the respective CPE study circles, operating in Western India Regional Council (WIRC) of the ICAI, and provide the same to the Appellant within 4 weeks of receipt of this order”.
