Information about Bharathidasan Institute of Management located in BHEL campus

The appellant sought information related to the Bharathidasan Institute of Management (BIM) located in the campus of Bharat Heavy Electricals Limited (BHEL), Trichy such as whether BHEL was a collaborating partner, whether CMD attended the meeting, whether charge-sheet was issued to some officers for granting approval to BIM, etc. The PIO replied that information sought related to BIM which is a private institute and BHEL has no stake in the aforesaid institute. No MoU between BHEL and BIM is available on record. BHEL had allotted the building premises to BIM on lease basis for certain period and thereafter on license agreement basis. In accordance with the BHEL Shop and Allotment Policy, the license fee is collected as per the market rent from BIM and not on any discount or concessional rate. At present, a sum of Rs. 1.40 Crores per annum (excluding GST) is being collected as license fee from BIM. But the Respondent failed to establish how the market rent was arrived at in the absence of any open transparent competitive process. As regards details of tender floated by the BHEL for allotment of its building premises to BIM, the PIO submitted that no document related to the tender is available in their records. The appellant alleged before CIC that BHEL is one of the founders of BIM, and the registration fee for the society’s registration was paid by BHEL. The CIC noted that the Respondent has neither stated in their written submissions nor clarified during the hearing whether grant of its building premises to BIM for establishing the institute was done  through open transparent and competitive process through tender/auction conducted by BHEL. No details of any tender process have been provided by the PIO. The CIC observed that it is a matter of common understanding when government land or property is to be leased out particularly to a private institution, such allotment is ordinarily undertaken through an open, transparent and competitive (tender/ auction) process. In the present case, no material has been placed on record to demonstrate that BHEL followed such a procedure before granting its building to BIM on lease. The CIC pointed out that if land or a building is provided by a public authority to a private entity free of cost or at a heavily subsidized rate, such support may itself amount to “substantial financing”. In the absence of any tender or auction records, the method of determination of ‘market rent’ remains unclear. The CIC held that the Appellant too has not been able to substantiate his assertions or demonstrate how the body from which information is sought is owned, controlled, or substantially financed, directly or indirectly, either by BHEL or by the appropriate Government. The CIC noted that on the website of BIM it is mentioned that the institute was established in collaboration with BHEL. Holding that both sides are unable to come clear on the requirement of the RTI Act and/or public funding, the CIC directed the PIO to submit an appropriate affidavit on non-judicial stamp paper to establish the whether BIM is a public authority.

Comments

The burden to show that a body is owned, controlled or substantially financed or that a non-government organization is substantially financed directly or indirectly by the funds provided by the appropriate Government is on the applicant who seeks information which he failed to discharge in this case. For seeking information related to BIM, it has to be established that it is owned, controlled or substantially financed by BHEL.

Citation: Senthil Manian Vellaichamy v. Bharat Heavy Electrical Ltd, File No: CIC/BHELD/A/2024/627929 + /657539; Date of Decision: 11.12.2025

Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Vishakhapatnam. She has co-authored the books PIO’s Guide to RTI and Right to Information – Law and Practice. Her weekly article is being published since 2008 on this site. She offers consultancy on RTI matters and third party audit to individuals / organisations. Her other articles can be read at the website of RTI Foundation at the link https://www.rtifoundationofindia.com