The Supreme Court has admitted ADAG Reliance-led power distribution companies? appeals seeking quashing of the Orissa High Court order that declared them as ?public authorities?, thus bringing them under the purview of the RTI Act.
A bench headed by justice RM Lodha has admitted the matter, which has raised the issue of applicability of the RTI Act on these discoms.
Reliance Infrastructure-owned three discoms, engaged in the distribution and retail supply of electricity in 23 districts of Orissa since 1999, had challenged the order arguing they are exclusively private bodies, and not public authorities within the meaning of Section 2 (h) of the RTI Act, 2005.
The three discoms, Western Electricity Supply Company of Orissa, North Eastern Electricity Supply Company of Orissa and the Southern Electricity Supply Company of Orissa, said they are not an authority or a body or institution of self-government and are registered under the the Companies Act with a majority shares held by RInfra (51%) with their group companies having management and control and the right to appoint majority of directors.
Besides, mere holding of 39% equity by Gridco cannot be a criterion to draw a conclusion that they fall under the ambit of the RTI Act, the appeals filed by the Anil Ambani companies stated, while challenging the HC judgment that upheld the Orissa Information Commission?s order that brought the three discoms under the Act.