Central Information Commission
Mr.Bijay Kumar Gupta vs Ministry Of Mines on 1 March, 2012
Central Information Commission
Room No. 305 BWing, August Kranti Bhawan,
Bhikaji Kama Place, New Delhi - 110066
Tel No: 26167931
Case No. CIC/SS/A/2011/001190
Dated: 1.3.2012
Name of the Appellant : Shri B.K. Gupta
(The Appellant was Present)
Name of the Public Authority : Central Mine Planning & Design Institute
Limited.
Represented by (No one present)
The matter was heard on : 16.11.2011
ORDER
Shri B.K. Gupta, the appellant, through his RTI application dated NIL sought copies of all guidelines/circulars/office orders of M/s CMPDIL/CIL fixing the norm for registering any firm in the vendor list of CMPDIL. On point No. 2, 3 & 4 the appellant requested for various information such as copy of application for vendor registration submitted by M/s Forech India Ltd., copy of all documents and details of information that were verified by CMPDIL etc. On point No.5 of the RTI application the appellant requested for the name and designation of the competent authority that approved registration of M/s Forech India Ltd as one of the registered vendors for manufacture and supply of the Steel Cord Conveyer Belting along with documents relied upon by the approving authority as well as copies of the approval of approving authority. The CPIO Shri R.K. Srivastava, General Manager(ICT), vide his letter dated 1.4.2011 replied to the appellant to point No.1 of the RTI application by informing to the appellant that the website of CMPDI contains the norms for registering any firm in the vendor list of CMPDIL. To the subsequent queries at on point No. 2 to 5, the CPIO held that information cannot be provided u/s 8(1)(d) of the RTI Act, 2005 on the grounds that information sought would harm the competitive position of the third party. Aggrieved with the order of the CPIO, the appellant filed an appeal before the FAA. The FAA, Shri N. Khurana, Director (T/CRD), vide order dated 9.5.2011 has concurred the decision of the CPIO, hence the present appeal before the Commission. In his appeal the appellant submits that the documents available on the website is only regarding procedure for filing applications for vendor registration but there is no information on the website about the guidelines and criteria for registering/ considering the vendor eligible for registration in the vendor list of CMPDIL . Therefore he seeks copies of the relevant guidelines/circulars/office orders of the company. He also submits that provisions of section 8(1)(d) of the RTI Act are not attracted in respect of the queries raised in his RTI application.
Shri B.K. Gupta, the appellant was present during the hearing, however there was no one present on behalf of Respondent CPIO. The Commission takes a serious view of the absence of Respondent during the hearing.
Having heard the appellant and considered the submissions made by the parties, the Commission hereby directs the respondent CPIO to provide the appellant with copies of guidelines, circulars and office orders of CMPDIL regarding the procedure for making applications for vendor registration and the guidelines, criteria etc. of the company for registration in the vendor list of CMPDIL and the methodology adopted for verification of documents/information. The respondent CPIO will also provide to the appellant information on the authority competent for approving registration of such vendors, the respondent CPIO shall also supply copies of notings approving the vendor registration since such information cannot be withheld under any of the provisions of the RTI Act.. However, in so far as providing copies of documents of M/s Forech India Ltd. are concerned, these documents, being third party information, have been denied by the respondent u/s 81(d) of the RTI Act on the ground that the competitive position of the third party may be affected. The Commission finds no reason to disagree with the respondent. To this extent the reply of the respondent are upheld. The CPIO is hereby directed to provide the aforesaid documents to the appellant, free of cost, within 10 days of receipt of this order.
With these directions/observations, the matter is disposed of on the part of the Commission.
Sd/-
(Sushma Singh) Information Commissioner Authenticated true copy:
(D.C. Singh) Deputy Registrar Copy to:
1. Shri Bijay Kumar Gupta, Gupta Bhawan, Street No.4, Lower Shukla Colony, Hinoo, Ranchi, Jharkhand-834002.
2. The C.P.I.O.
Central Mine Planing & Design Institute Ltd., Gondwana Place, Kanke road, Ranchi - 834031, Jharkhand.
3. The First Appellate Authority, Central Mine Planing & Design Institute Ltd., Gondwana Place, Kanke road, Ranchi - 834031, Jharkhand.