Central Information Commission
Atul Bhargava vs Central Electronics Limited on 5 June, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/CELTD/A/2023/620411
Shri Atul Bhargava ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Central Electronics Limited
Date of Hearing : 03.06.2024
Date of Decision : 03.06.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 04.11.2022
PIO replied on : 02.12.2022
First Appeal filed on : 29.12.2022
First Appellate Order on : 27.01.2023
2ndAppeal/complaint received on : 24.04.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 04.11.2022 seeking information on following points:-
"Please provide the following documents/information regarding all the procurement/ purchases done for SSG (Security and Surveillance Group)/Security Group after 01/08/2019-
1. For all the tenders issued after 01/08/2019, a. Type of tender for each tender i.e., whether the tender is for pre-bid tie-up or otherwise b. The list of bidders along with the technical comparative statements, financial comparative statements, and recommendation of the Head of Department regarding placement of purchase order or otherwise for each tender.
c. Copies of Purchase Order/Work Order issued to the successful bidder in each tender.
2. For all procurements/purchases done after 01/08/2019 without issuing the tender documents or on a single source selection basis - a. Copies of the notes, documents, notings, authorizations, and approvals along with the approval of the competent authority for procurement/ purchase/ placement of Purchase Order/ Work Order.
Page 1 b. Copies of the Purchase Order/Work Order issued to the vendor(s) in all such cases."
The CPIO, Central Electronics Limited vide letter dated 02.12.2022 replied as under:
"(1) Tender types published after 01.08.2019: Open, Limited and Proprietary type. The Limited tenders were published for pre-bid tie up. (2) CEL is a commercial organisation doing business with various ministries, Govt. Departments and law enforcement agencies for their security and surveillance projects eg. ISRO, DRDO.etc. This requires secrecy and confidentiality to avoid any theft, burglary, terrorist activity, leakage of information by dishonest employees, loss to human lives and property.
Revealing this information will violate the non-disclosure policy with our clients.
Furthermore, CEL being a commercial organisation, disclosing the above information would be compromising our trade secrets/policy and intellectual property including the loss of trust in market with the third parties like the bidders/vendors associated with CEL. The information, therefore, cannot be disclosed as it is exempted under Cl. 8-1(d) of the RTI Act."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 29.12.2022. The FAA vide order dated 27.01.2023 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Present in person.
Respondent: Mr. Rahul Rajvansh, Sr. Manager HR- participated in the hearing.
The Appellant stated that the relevant information has not been furnished by the PIO. He further that first appellate authority has also not furnished complete information and only partial information has been furnished.
The Respondent stated that the relevant information from their official record has been duly furnished to the Appellant. He further stated that the FAA has provided the complete information as sought in the instant RTI Application.
Decision:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that tender related information sought in the RTI application which is permissible for disclosure under the RTI Act, Page 2 2005 should be suo motu disclosed in the public domain in the interest of transparency and accountability.
Voluntary disclosure of all information that ought to be displayed in the public domain should be the rule and members of public seeking information through RTI application should be an exception. An open government, which is the cherished objective of the RTI Act, can be realised only if all public offices comply with proactive disclosure norms. Section 4(2) of the RTI Act mandates every public authority to provide as much information suo-motu to the public at regular intervals through various means of communications, including the Internet, so that the public need not resort to the use of RTI Act.
In para 1.1.1 of O.M. No. No.1/6/2011-IR issued by the DoPT on issue of guidelines regarding implementation of suo motu disclosure under section 4 of RTI Act, 2005 it is stated as under "1.1.1 Information relating to procurement made by Public Authorities including publication of notice/tender enquiries, corrigenda thereon, and details of bid awards detailing the name of the supplier of goods/services being procured or the works contracts entered or any such combination of these and the rate and total amount at which such procurement or works contract is to be done should be disclosed. All information disclosable as per Ministry of Finance, Department of Expenditure's O.M. No 10/1/2011-
PPC dated 30th November, 2011 on Mandatory Publication of Tender Enquiries on the Central Public Procurement Portal and O.M. No. 10/3/2012-PPC dated 30th March, 2012 on Implementation of comprehensive end-to-end e-procurement should be disclosed under Section 4. At present the limit is fixed at Rs. 10.00 lakhs. In case of procurements made through DGS&D Rate Contracts or through Kendriya Bhandar/ NCCF, only award details need to be published. However information about procurement which fall within the purview of Section 8 of the RTI Act would be exempt."
In view of the above, the Commission directs the PIO to ensure that tender related information permissible for disclosure under the RTI Act, 2005 after taking into consideration the exemptions listed under section 8 (1) of the Act is suo motu disclosed on their website in the interest of public at large. A copy of the information uploaded should be made available to the Appellant for his perusal and necessary action. The above direction should be complied within 30 days from the date of receipt of this order under intimation to the Commission.
Appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Page 3 Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
1. It is recommended to maintain records in digital form for proper management and ease of access in compliance with clause (a) of sub-section (1) of section 4 of the RTI Act, 2005.
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