Central Information Commission
Mrj C Kohli vs Hindustan Petroleum Corporation ... on 26 February, 2016
Central Information Commission, New Delhi
File No. CIC/SH/A/2014/003151
Right to Information Act2005Under Section (19)
Date of hearing : 26th February 2016
Date of decision : 26th February 2016
Name of the Appellant : Shri J. C. Kohli,
No.3, First Cluny Main Road, Avvai Nagar,
Lawspet, Puducherry 605 008
Name of the Public : Central Public Information Officer,
Authority/Respondent Hindustan Petroleum Corporation Ltd.,
8, Shoorji Vallabhdas Marg, P. O. Box No. 155, Mumbai 400001 RTI Application filed on : 09/07/2014 CPIO replied on : 12/08/2014 First Appeal filed on : 03/09/2014 First Appellate Authority order on : 10/10/2014 2nd Appeal received on : 18/12/2014 The Appellant was represented by Shri Surender Tyagi, who was present in person with an authorisation letter from him.
On behalf of the Respondents, Shri Shailesh Ramteke, Chief Manager was present at the NIC Studio, Mumbai.
Information Commissioner : Shri Sharat Sabharwal This matter, pertaining to an RTI application filed by the Appellant, seeking information on four points regarding the status of a tender and some related issues, including copies of orders placed, in case the tender process had been completed, came up today.
2. The representative of the Appellant stated that copies of the orders placed after finalisation of the tender process have not been provided. It is seen from the records placed before us that the information was denied by the CPIO on the ground that the Appellant was not one of the bidders and the information sought in this case was exempted from disclosure under Section 8 (1) (j) of the RTI Act. The decision of the CPIO was upheld by the FAA. The representative of the Appellant prayed for provision of copies of the orders placed on the successful bidders.
3. We have considered the records and the submissions of both the parties. In this context, we note that in its order No. CIC/AD/C/2010/000595 dated 27.7.2010, the Commission considered a matter in which the RTI applicant had sought copies of purchase orders for certain items placed by the Respondents in that case. The information had been denied by the Respondents under Section 8 (1) (d). However, the Commission ordered disclosure of the information and made the following observations: "I have inspected the information sought by the Complainant and am of the considered opinion that information sought is not third party information as it relates to the purchase orders of various items procured by the Public Authority from M/s.P. A. Sales Corporation, which carry no element of confidentiality and certainly cannot be considered as personal information. Also part of the information sought relates to the finalized tender which anyway ought to be available in the public domain." Further, in its order No. CIC/LS/A/2013/001715SS dated 29.1.2014, the Commission considered yet another matter in which the RTI applicant had sought, interalia, a copy of a purchase order. The information had been denied under Section 8 (1) (j) by the Respondents in that case. The Commission did not uphold their decision and directed disclosure of the information.
4. In view of the foregoing, the CPIO is directed to provide copies of the orders in question to the Appellant after severing/blotting out, under Section 10 of the RTI Act, the information, if any, in the nature of commercial confidence and exempted from disclosure under Section 8 (1) (d), contained in the said orders. The information should be provided free of charge, within thirty days of the receipt of this order, under intimation to the Commission.
5. With the above directions and observations, the appeal is disposed of.
6. Copies of this order be given free of cost to the parties.
Sd/ (Sharat Sabharwal) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla) Deputy Registrar