Central Information Commission
Rakesh Kumar Gupta vs Indian Railway Catering & Tourism Corpn ... on 7 January, 2026
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/ IRCTC/A/2025/606393
Rakesh Kumar Gupta .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Indian Railway Catering & Tourism Corpn .Ltd.
Corporate office: 11th and 12th Floor,
Statesman House, B-148,
Barakhamba Road, New Delhi - 110 001 .... ितवादीगण /Respondent
Date of Hearing : 07.01.2026
Date of Decision : 07.01.2026
INFORMATION COMMISSIONER : Swagat Das
Relevant facts emerging from appeal:
RTI application filed on : 11.06.2024
CPIO replied on : 16.07.2024
First appeal filed on : 25.07.2024
First Appellate Authority's order : 19.11.2024
2nd Appeal/Complaint dated : 04.02.2025
Information sought:
1. The Appellant filed an RTI application dated 11.06.2024 (offline) seeking the following information:
"Ref: Questions with respect to tenders which have been floated by the IRCTC under concerned clusters mentioned below in pursuance to commercial circular no.24/2023, where by the catering policy, 2017 had been amended: NR/CLT/A-3 NR/CLT-A--1 CR/CLT--A-3 CR/CLT-A--4 WR/CLT/B--13 CR/CLT-B--10 WR/CLT/B--6 EZ/ER/CLT/A-S CR/CLT-B-14 WR/CLT--B-7 NFR/CLT/A-4 ECR/CLT/A-1 SER/CLT/A--2 ECR/CLT/B-3 ECR/CLT/B-4 CR/CLT/B--8 WR/CLT/B-9 WR/CLT/B--15 CR/CLT/B--9 WR/CLT/B--S WCR/CLT/B-6 NFR/CLT--A-2 ER/CLT--A--4 NR/CLT--B--11 NER/CLT-A-1 SER/CLT-A--1 CR/CLT--B-13 ECR/CLT-A--2 SER/CLT--B-2 NER/CLT--B--8 NCR/CLT--A-1 CR/CLT--A--1 SER/CLT--B-3 NFR/CLT-A--3 WR/CLT/A-4 WCR/CLT/A--2 EZ/ER/CLT-B-1 CR/CLT/B-4 CR/CLT/B--S ECR/CLT/A-3 ER/CLT/A--3 NER/CLT/B--2 SR/CLT/A--1 NFR/CLT/A-1 NR/CLT/A-S NR/CLT/A--4 NR/CLT/A-6 WR/CLT/A--1 ER/CLT/A-2 NFR-CLT-B--2 NR-CLT--B-8 SCR--CLT-B--9 EC0R--CLT--A--1 SCR--CLT--A--3 NWR-CLT--A-1 NR-CLT--A-7 WCR-CLT-A--1 NR-CLT--B--6 NFR-CLT-B-S NFR-CLT--B-6 EC0R-CLT-A--4 SECR/CLT/A-1 SR/CLT/A-2 Page 1 of 7 NR/CLT/A--2 NR/CLT/A--8 NR/CLT/A-9 SWR/CLT/A-2 SWR/CLT/A-1 NER/CLT/B--6 NER/CLT/B-1 SR/CLT/B-4 SCR/CLT/B--12 SECR/CLT/B--4 ECOR-CLT-B--3 ECR/CLT/B--2 SER/CLT/A--4 SER/CLT/B-5 WR/CLT/A--2 CR/CLT/A-6 NR/CLT/B-12 SER/CLT/B-1 SER-CLT-A-3 CR/CLT--A-7 NFR/CLT--B-1
1. Whether the bidder namely M/s R K Associates Pvt. Ltd., having registered office at A-25,1st Floor, Maszid Road, Jangpura, Bhogal, Delhi-110014, had disclosed in the techno- commercial bid in respect of all tenders as mentioned in the ref. column that:
The bidder is accused of famous Rail Neer scam, wherein for said offence the Central Bureau of Investigation (CBI) has registered a FIR bearing no.RC-DAI-2015-A-0032.
b) The Enforcement Directorate(ED) has registered a case bearing no. BI. ZO/2022/2006/AD(AK)/2016 under 120B read with Section 420 of Indian Penal Code (IPC)and13(2)read with13(1)(d) of Prevention of Corruption Act,1988.
c) The Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) had conducted raid and more than 10 crores in cash had been seized by the concerned agency.
d) The Central Bureau of Investigation (CBI) had filed charge sheet before the concerned court in respect of FIR No.RC-DAI-2015-A- 0032.
e) The Enforcement Directorate (ED) had filed complaint before the concerned court in respect of case ECIR No. BI.
ZO/2022/2006/AD(AK)/2016.
2. Whether the bidder namely M/s Brandavan Food Products, having registered office at A-25, 1st Floor, Hospital Road, Jangpura, New Delhi-14, had disclosed in the techno- commercial bid in respect of all tenders as mentioned in the ref. column that:
a) The bidder is accused of famous Rail Neer scam, wherein for said offence the Central Bureau of Investigation (CBI) has registered a FIR bearing no. RC-DAI-2015-A-0032.
b) The Enforcement Directorate (ED) has registered a case bearing no. BI.ZO/2022/2006/AD(AK)/2016 under 120B read with Section 420 of Indian Penal Code (IPC) and 13 (2)read with 13(1)(d) of Prevention of CorruptionAct,1988.
c) The Central Bureau of Investigation (CBI) had filed charge sheet before the concerned court in respect of FIR No.RC-DAI-2015-A-
0032.
The Enforcement Directorate (ED) had filed complaint before the concerned court in respect of case ECIR No. BI.ZO/2022/2006/AD(AK)/2016.
3. Whether the bidder namely M/s Sunshine Pvt. Ltd., having registered office at 146- A, Ground Floor, Near Shiv Kutia Page 2 of 7 Mandir, Hari Nagar, Ashram, New Delhi-14, had disclosed in the techno-commercial bid in respect of all tenders as mentioned in the ref. column that:
The bidder is accused of famous Rail Neer scam, wherein for said offence the Central Bureau of Investigation (CBI) has registered a FIR bearing no.RC-DAI-2015-A-0032.
b) The Enforcement Directorate (ED) has registered a case bearing no. BI.ZO/2022/2006/AD(AK)/2016 under 120B read with Section 420 of Indian Penal Code (IPC) and13(2) read with 13(1)(d) of Prevention of CorruptionAct,1988.
c) The Central Bureau of Investigation (CBI) had filed charge sheet before the concerned court in respect of FIR No.RC-DAI-2015-A- 0032.
d) The Enforcement Directorate (ED) had filed complaint before the concerned court in respect of case ECIR No. BI.ZO/2022/2006/AD(AK)/2016.
4. Whether the bidder namely M/s Food World, having registered office at E-176, Greater Kailash-II, New Delhi, had disclosed in the techno-commercial bid in respect of all tenders as mentioned in the ref. column that:
a) The bidder is accused of famous Rail Neer scam, wherein for said offence the Central Bureau of Investigation (CBI) has registered a FIR bearing no. RC- DAI-2015-A-0032.
b) The Enforcement Directorate (ED) has registered a case bearing no. BI.ZO/2022/2006/AD(AK)/2016 under 120B read with Section 420 of Indian Penal Code (IPC)and 13 (2)read with13(1)(d) of Prevention of Corruption Act,1988.
c) The Central Bureau of Investigation (CBI) had filed charge sheet before the concerned court in respect of FIR No. RC-DAI-2015-A- 0032.
d) The Enforcement Directorate (ED) had filed complaint before the concerned court in respect of case ECIR No. BI.ZO/2022/2006/AD(AK)/2016.
5. Whether the bidder namely M/s Doon Caterers, having registered office at 5198, Basant Road, Paharganj, New Delhi, had disclosed in the techno-commercial bid in respect of all tenders as mentioned in the ref. column that:
a) The bidder is accused of famous Rail Neer scam, wherein for said offence the Central Bureau of Investigation (CBI) has registered a FIR bearing no. RC-DAI-2015-A-0032.
b) The Enforcement Directorate (ED) has registered a case bearing no. BI.ZO/2022/2006/AD(AK)/2016 under 120B read Page 3 of 7 with Section 420 of Indian Penal Code (IPC) and 13 (2)read with 13(1)(d) of Prevention of Corruption Act, 1988.
c) The Central Bureau of Investigation (CBI) had filed charge sheet before the concerned court in respect of FIR No. RC-DAI-2015-A- 0032.
d) The Enforcement Directorate (ED) had filed complaint before the concerned court in respect of case ECIR No. BI.
ZO/2022/2006/AD(AK)/2016.
6. Whether the bidder namely M/s Ambuj Hotel and Real Estate, having registered office at 7575/1, Ram Nagar, Paharganj, New Delhi had disclosed in the techno- commercial bid in respect of all tenders as mentioned in the ref. column that:
a) The bidder is accused of famous Rail Neer scam, wherein for said offence the Central Bureau of Investigation (CBI) has registered a FIR bearing no. RC- DAI-2015-A-0032.
b) The Enforcement Directorate (ED) has registered a case bearing no. BI.ZO/2022/2006/AD(AK)/2016 under 120B read with Section 420 of Indian Penal Code (IPC) and 13 (2)read with 13(1)(d) of Prevention of Corruption Act, 1988.
c) The Central Bureau of Investigation (CBI) had filed charge sheet before the concerned court in respect of FIRNo.RC-DAI-2015-A-
0032.
The Enforcement Directorate (ED) had filed complaint before the concerned court in respect of case ECIR No. BI.ZO/2022/2006/AD(AK)/2016.
7. Whether the bidder namely M/s P K Associate Pvt. Ltd., having registered office at 93,Krishna Gali, Paharganj, New Delhi, had disclosed in the techno-commercial bid in respect of aII tenders as mentioned in the ref. column that:
a) The bidder is accuses of famous Rail Neer scam, wherein for said offence the Central Bureau of Investigation (CBI) has registered FIR bearingno.RC-DAI- 2015-A-0032.
b) The Enforcement Directorate (ED) has registered a case bearing no.
BI.ZO/2022/2006/AD(AK)/2016 under 120B read with Section 420 of Indian Penal Code (IPC) and 13(2) read with 13(1)(d) of Prevention of Corruption Act,1988.
c) The Central Bureau of Investigation (CBI) had filed charge sheet before the concerned court in respect of FIR No. RC-DAI-2015-A-0032.
d) The Enforcement Directorate (ED) had filed complaint before the concerned court in respect of case ECIR No .BI.ZO/2022/2006/AD(AK)/2016."
Page 4 of 72. The CPIO furnished a reply to the Appellant on 16.07.2024 stating as under:
"The information sought is exempted from disclosure as per section 8 (d) of the Right to Information Act. 2005."
3. The Appellant filed a First Appeal dated 25.07.2024. The FAA disposed of first appeal vide order dated 19.11.2024.
4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present in person.
Respondent: Shri Dilip Goyal, AGM & PIO and Shri Manoj Kumar Sharma, Chief Superintendent present in person.
5. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 04.02.2025 is not available on record. Respondent confirms non-service.
6. The Appellant reported in the office of this Bench after the hearing was over. However, in the interest of justice, the submissions of the Appellant were recorded.
7. The Appellant, during the hearing, reiterated the contents of his RTI application and instant appeal and submitted that till date information has not been provided to him and the same has been wrongly denied by the Respondent. The Appellant submitted that the information sought by him is in larger public interest and he is entitled to obtain the same under the RTI Act.
8. The Respondent while defending their case inter alia submitted that vide their letter dated 16.07.2024, they have categorically informed the Appellant that the information sought by him is exempted from disclosure under Section 8(1)(d) of the RTI Act. The FAA had also upheld the reply given by the PIO.
Page 5 of 7Decision:
9. The Commission has examined the facts of the case and perused the records available on file. At the outset, the Commission observes that the reply furnished by the CPIO vide letter dated 16.07.2024 merely states that "the information sought is exempted from disclosure under Section 8(1)(d) of the RTI Act, 2005" without providing any reasons or justification whatsoever. The First Appellate Authority also failed to cure this defect while disposing of the first appeal.
10. The Commission is of the considered view that a bare or mechanical reference to an exemption clause, without explaining its applicability to the information sought, does not constitute a valid or speaking reply under the RTI Act.
11. It is well settled that denial of information under the RTI Act must be supported by cogent reasons, and the burden of proving the applicability of an exemption squarely lies on the Public Authority.
12. In view of the above, the Commission holds that the reply furnished by the Respondent is not in consonance with the provisions of the RTI Act.
13. Accordingly, the CPIO is directed to revisit the RTI application dated 11.06.2024 and provide a fresh speaking reply to the Appellant. The above directions should be complied within a period of four weeks from the date of receipt of this order.
14. The FAA is directed to ensure compliance of this order.
The appeal is disposed of accordingly.
Sd/-
Swagat Das ( ागत दास) Information Commissioner (सू चना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (Archana Srivastva) Dy. Registrar 011-26107040 Page 6 of 7 Copy To:
The FAA, Indian Railway Catering & Tourism Corpn .Ltd. Corporate office: 11th and 12th Floor, Statesman House, B-148, Barakhamba Road, New Delhi - 110 001 Shri Rakesh Kumar Gupta, Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)