Central Information Commission
S Rajeswaran vs Ministry Of Food Processing Industries on 24 March, 2026
के ीय सू चना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File Nos: CIC/MOFPI/A/2024/637823, CIC/MOFPI/A/2024/637827 and
CIC/MOFPI/A/2024/637829
S Rajeswaran .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
NIFTEM, Pudukkottai Road,
Thanjavur - 613005
CPIO,
NIFTEM, Pudukkottai Road,
Thanjavur - 613005 .... ितवादीगण /Respondents
Date of Hearing : 24.02.2026
Date of Decision : 23.03.2026
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 22.05.2024
CPIO replied on : 06.06.2024
First appeal filed on : 22.06.2024
First Appellate Authority's order : 22.07.2024
2nd Appeal/Complaint dated : 29.08.2024
The above-mentioned Second Appeals are clubbed together as the Appellant
as well as the Respondent are common, and subject-matter is similar in
nature and hence are being disposed of through a common order.
File Nos: CIC/MOFPI/A/2024/637823, CIC/MOFPI/A/2024/637827 and CIC/MOFPI/A/2024/637829
Page 1 of 16
File No: CIC/MOFPI/A/2024/637823
Information sought:
1. The Appellant filed an RTI application dated 22.05.2024 (online) seeking the following information:
"The National Institute of Food Technology, Entrepreneurship and Management, Thanjavur (NIFTEM-T) functioning under the Ministry of Food Processing Industries has processed a tender in the recent past for providing manpower services to them. The reference details are as below:
Organization: National Institute of Food Technology, Entrepreneurship and Management, Thanjavur (NIFTEM-T) Tender Title: Annual contract for providing Manpower Tender Ref No: NIFTEM-T/PO/Ser/2023-24/017 Name of work: NOTICE INVITING TENDER FOR SUPPLY OF MANPOWER SERVICES TO NIFTEM-T Tender ID in CPP Portal: 2023_IIFPT_782205_1 Date of Publishing in the CPP Portal: 23-Nov-2023 03:00 PM With reference to the above tender, the following information shall be furnished:
1. The Copy of the detailed tender notice published on 23rd November 2023 through Central Public Procurement Portal.
2. The copy of Corrigendum issued on 30th November 2023
3. The copy of Corrigendum issued on 06th December 2023
4. The total list of entities/companies/firms applied for the tender
5. The total list of MSME, NSIC registered entities/companies/firms who have applied for the tender File Nos: CIC/MOFPI/A/2024/637823, CIC/MOFPI/A/2024/637827 and CIC/MOFPI/A/2024/637829 Page 2 of 16
6. The total list of all entities/companies/firms who have submitted the DD for EMD along with Tender Application
7. The total list of MSME, NSIC registered entities/companies/firms who have submitted DD for EMD along with Tender Application
8. The list of entities/companies/firms who have been accepted in the Technical Bid Opening
9. The total list of MSME, NSIC registered entities/companies/firms who have been accepted in the Technical Bid Opening
10. The list of MSME, NSIC registered entities/companies/firms who have submitted DD for EMD and also accepted in the Technical Bid Opening.
11. The list of MSME, NSIC registered entities/companies/firms who have NOT submitted DD for EMD and also accepted in the Technical Bid Opening.
12. The list indicating the amount quoted by each accepted firm for each category of the BOQ in the Financial Bid Opening. (For Example: If the BOQ has 10 categories and if there are 10 eligible entities/companies/firms have quoted for the financial bid, then the list should indicate all amounts of 10 categories of all 10 entities/companies/firms and the total entries in the list shall count to
100. This is only an illustrative case to give clarity on the information sought for. Accordingly, the list comprising actual BOQ items for each of the eligible entities/companies/firms shall be given).
13. The copy of the BOQ comparative chart (indicating all categories of the BOQ under Financial Bid of the published Tender Notice) uploaded to the CPP portal.
File Nos: CIC/MOFPI/A/2024/637823, CIC/MOFPI/A/2024/637827 and CIC/MOFPI/A/2024/637829 Page 3 of 16
14. Details (Name, Designation, Years of Experience in Purchase Office related Activities) of the person who has prepared BOQ comparative chart (if in case a committee has prepared the BOQ comparative chart, the details (Name, Designation, Years of Experience in Purchase Office related Activities) in respect of each person of the committee."
2. The CPIO furnished a reply to the Appellant on 06.06.2024 stating as under:
"With reference to your email cited above, it is to inform that your application has been filed before MoFPI, New Delhi under the provisions of RTI Act 2005 on 22.05.2024 for seeking available information. However, the CPIO, NIFTEM-T has received the said RTI application through email ID of CPIO, NIFTEM-T allotted by MoFPI, New Delhi only on 27.05.2024.
Information provided to the Question 1 to 14: Since it is covered under Section 11 (1) of the Right to Information Act, 2005, NIFTEM-T does not intend to disclose the information sought."
3. Being dissatisfied, the Appellant filed a First Appeal dated 22.06.2024. The FAA vide its order dated 22.07.2024, held as under:
"It has been noticed that the present CPIO stands directed to supply exhaustive information to the same appellant on RTI matters. The CPIO shall therefore, within 15 days from the date of supply of such information on RTI matters, furnish information on the points at Sl.Nos. 1, 2, 3 & 4 of the application referred to in the appeal under disposal.
(i) It is settled law that information need not be created for supply to any applicant under the Act. NIFTEM-T has not maintained any list(s) as in the queries 5 to 12 of the application. In the absence of such lists, it is not feasible to provide the information.
(ii) BOQ in commercial parlance means "Bill of Quantities". The context in which the term "BOQ" is used by the appellant being not clear, answers cannot be given on assumptions.
File Nos: CIC/MOFPI/A/2024/637823, CIC/MOFPI/A/2024/637827 and CIC/MOFPI/A/2024/637829 Page 4 of 16 The appeal dated 27.06.2024 on notice inviting tender for supply of manpower services is disposed of accordingly on this 22nd day of July, 2024."
4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
File No. CIC/MOFPI/A/2024/637827 Relevant facts emerging from appeal:
RTI application filed on : 22.05.2024 CPIO replied on : 06.06.2024 First appeal filed on : 22.06.2024 First Appellate Authority's order : 22.07.2024 2nd Appeal/Complaint dated : 29.08.2024 Information sought:
5. The Appellant filed an RTI application dated 22.05.2024 (online) seeking the following information:
"The National Institute of Food Technology, Entrepreneurship and Management, Thanjavur (NIFTEM-T) functioning under the Ministry of Food Processing Industries is regularly conducting various events (workshops, seminars, trainings, sports day, cultural events, open day event, conferences, entrepreneurship development programs, women's day, science day, republic day, Independence Day etc.,).
The following information are required in relation to the events organized by NIFTEM-T,
1. List of all events (not limited to the indicated items mentioned above) conducted by NIFTEM-T during the last two financial years (2022-23 and 2023-24).
2. Copies of supply orders issued to agencies for making arrangements (decorations, stage arrangements, etc.,) for the events during the last two financial years (2022-23 and 2023-24).
File Nos: CIC/MOFPI/A/2024/637823, CIC/MOFPI/A/2024/637827 and CIC/MOFPI/A/2024/637829 Page 5 of 16
3. Copies of quotations received against each supply order issued for agencies to make arrangements (decorations, stage arrangements, etc.,) for the events during the last two financial years (2022-23 and 2023-24).
4. List of tenders published through CPP Portal for event management works (decorations, stage arrangements, etc.,) during the last two financial years (2022-23 and 2023-24).
5. List of eligible bidders for each tender published through CPP Portal for event management works (decorations, stage arrangements, etc.,) during the last two financial years (2022-23 and 2023-24).
6. List of firms/entities/companies/agencies to whom the tender was awarded for event management works (decorations, stage arrangements, etc.,) during the last two financial years (2022-23 and 2023-24).
7. List of all events (conducted by NIFTEM-T during the last two financial years, 2022-23 and 2023-24) for which the agency for making arrangements (decorations, stage arrangements, etc.,) has been finalized by receiving spot quotations.
8. Details of the Official (Name, Designation and years of experience in purchase office related matters) who approves the rates mentioned in the spot quotations.
9. Details of the Official (Name, Designation and years of experience in purchase office related matters) who collects the spot quotations from the local area. (If in case a committee is involved, the details of all members of such committee shall be furnished).
10. Total amount spent in the last two financial years for organizing various events at NIFTEM-T."
6. The CPIO furnished a reply to the Appellant on 06.06.2024 stating as under:
"With reference to your email cited above, it is to inform that your application has been filed before MoFPI, New Delhi under the provisions File Nos: CIC/MOFPI/A/2024/637823, CIC/MOFPI/A/2024/637827 and CIC/MOFPI/A/2024/637829 Page 6 of 16 of RTI Act 2005 on 22.05.2024 for seeking available information. However, the CPIO, NIFTEM-T has received the said RTI application through email ID of CPIO, NIFTEM-T allotted by MoFPI, New Delhi only on 27.05.2024.
Information provided to the Question 1to 10: Since it is covered under Section 11 (1) of the Right to Information Act, 2005, NIFTEM-T does not intend to disclose the information sought."
7. Being dissatisfied, the Appellant filed a First Appeal dated 22.06.2024. The FAA vide its order dated 22.07.2024, held as under:
"It has been noticed that the present CPIO stands directed to supply exhaustive information to the same appellant on RTI matters. The CPIO shall therefore, within 15 days from the date of supply of such information on RTI matters, furnish information on the points at SI. Nos. 1, 4 and 8 of the application referred to in the appeal under disposal.
It has been noticed that SI. No. 2 of the application referred to in the appeal are voluminous. On receipt of the specific requirement, the CPIO may examine the request and provide necessary information.
It has been noticed that SI. No. 3 of the application referred to in the appeal are held in commercial confidence and therefore cannot be supplied. The same is exempted under Section 8(1)d of the Act. It has been noticed that SI. No. 5 of the application referred to in the appeal pertains to third parties and the same requires the party's consent is exempted under the Act.
It is settled law that information need not be created for supply to any applicant under the Act. NIFTEM-T has not maintained any list(s) as in queries Sl. No. 6, 7, 9 of the application. In the absence of such lists, it is not feasible to provide the information.
It has been noticed that SI. No. 10 of the application referred to in the appeal is unclear. On receipt of the specific requirement, the CPIO may examine the request and provide necessary information.
File Nos: CIC/MOFPI/A/2024/637823, CIC/MOFPI/A/2024/637827 and CIC/MOFPI/A/2024/637829 Page 7 of 16 The appeal dated 27.06.2024 on events conducted by NIFTEM-T is disposed of accordingly on this 22nd day of July, 2024."
8. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
File No. CIC/MOFPI/A/2024/637829 Relevant facts emerging from appeal:
RTI application filed on : 22.05.2024 CPIO replied on : 06.06.2024 First appeal filed on : 22.06.2024 First Appellate Authority's order : 22.07.2024 2nd Appeal/Complaint dated : 29.08.2024 Information sought:
9. The Appellant filed an RTI application dated 22.05.2024 (online) seeking the following information:
"The National Institute of Food Technology, Entrepreneurship and Management, Thanjavur (NIFTEM-T) functioning under the Ministry of Food Processing Industries is regularly conducting various events (workshops, seminars, trainings, sports day, cultural events, open day event, conferences, entrepreneurship development programs, women's day, science day, republic day, Independence Day etc.).
The following information are required in relation to the catering services arranged during the events organized by NIFTEM-T,
1. List of all events (not limited to the indicated items mentioned above) conducted by NIFTEM-T during the last two financial years (2022-23 and 2023-24), for which food (can be breakfast or lunch or dinner or tea- snacks or juice or packed water, etc.) has been arranged to external participants or staff of NIFTEM-T.
2. Copies of supply orders issued to agencies/caterers/service providers, for supplying food (can be breakfast or lunch or dinner or tea-snacks or File Nos: CIC/MOFPI/A/2024/637823, CIC/MOFPI/A/2024/637827 and CIC/MOFPI/A/2024/637829 Page 8 of 16 juice or packed water, etc.) for all the events during the last two financial years (2022-23 and 2023-24).
3. Copies of quotations received against each supply order issued for agencies/caterers/service providers, for supplying food (can be breakfast or lunch. or dinner or tea-snacks or juice or packed water, etc.) for all the events during the last two financial years (2022-23 and 2023-24).
4. List of tenders published through CPP Portal for supplying food (can be breakfast or lunch or dinner or tea-snacks or juice or packed water, etc.) for all the events during the last two financial years (2022-23 and 2023-
24).
5. List of eligible bidders for each tender published through CPP Portal for supplying food (can be breakfast or lunch or dinner or tea-snacks or juice or packed water, etc.,.) for all the events during the last two financial years (2022-23 and 2023-24).
6. List of firms/entities/companies/agencies to whom the tender was awarded for supplying food (can be breakfast or lunch or dinner or tea-
snacks or juice or packed water, etc.) for all the events during the last two financial years (2022-23 and 2023-24).
7. List of all events (conducted by NIFTEM-T during the last two financial years, 2022-23 and 2023-24) for which the agency for supplying food (can be breakfast or lunch or dinner or tea-snacks or juice or packed water, etc.,.) has been finalized by receiving spot quotations.
8. Details of the Official (Name, Designation and years of experience in purchase office related matters) who approves the rates mentioned in the spot quotations.
9. Details of the Official (Name, Designation and years of experience in purchase office related matters) who collects the spot quotations from the local area. (If in case a committee is involved, the details of all members of such committee shall be furnished).
10. Total amount spent in the last two financial years for organizing various events at NIFTEM-T."
File Nos: CIC/MOFPI/A/2024/637823, CIC/MOFPI/A/2024/637827 and CIC/MOFPI/A/2024/637829 Page 9 of 16
10. The CPIO furnished a reply to the Appellant on 06.06.2024 stating as under:
"With reference to your email cited above, it is to inform that your application has been filed before MoFPI, New Delhi under the provisions of RTI Act 2005 on 22.05.2024 for seeking available information. However, the CPIO, NIFTEM-T has received the said RTI application through email ID of CPIO, NIFTEM-T allotted by MoFPI, New Delhi only on 27.05.2024.
Information provided to the Question 1to 10: Since it is covered under Section 11 (1) of the Right to Information Act, 2005, NIFTEM-T does not intend to disclose the information sought and also it is exempted to disclose the personal information of the employee, as per Section 8(1) (j) of RTI Act 2005. Without prejudice to the provisions of Section 8 of the RTI Act, the request is rejected under the provisions of Section 9 of RTI Act. 2005."
11. Being dissatisfied, the Appellant filed a First Appeal dated 22.06.2024. The FAA vide its order dated 22.07.2024, held as under:
"It has been noticed that the present CPIO stands directed to supply exhaustive information to the same appellant on RTI matters. The CPIO shall therefore, within 15 days from the date of supply of such information on RTI matters, furnish information on the points at Si. No. 8 of the application referred to in the appeal under disposal.
It has been noticed that Sl. No. 2 of the application referred to in the appeal are voluminous. On receipt of the specific requirement, the CPIO may examine the request and provide necessary information.
It has been noticed that Sl. No. 3 of the application referred to in the appeal are held in commercial confidence and therefore cannot be supplied. The same is exempted under Section 8(1)d of the Act.
It is settled law that information need not be created for supply to any applicant under the Act. NIFTEM-T has not maintained any list(s) as in queries Sl. No. 1, 4, 5, 6, 7 and 9 of the application. In the absence of such lists, it is not feasible to provide the information.
File Nos: CIC/MOFPI/A/2024/637823, CIC/MOFPI/A/2024/637827 and CIC/MOFPI/A/2024/637829 Page 10 of 16 It has been noticed that SI. No. 10 of the application referred to in the appeal is unclear. On receipt of the specific requirement, the CPIO may examine the request and provide necessary information.
The appeal dated 27.06.2024 on catering services arranged during events conducted by NIFTEM-T is disposed of accordingly on this 22nd day of July, 2024."
12. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video conference.
Respondent: Dr. Jeyan Arthur Moses, CPIO and Assistant Professor, appeared through video conference.
13. Proof of having served a copy of Second Appeal/Complaint on Respondent while filing the same in CIC on 29.08.2024 is not available on record. The Respondent confirmed non-service. Thus, Regulation No. 10 of the Central Information Commission Management Regulations 2007 has not been complied with by the Appellant.
14. The Appellant inter alia submitted that the information sought in the RTI applications has not been provided by the Respondent in a complete and meaningful manner. He contended that the denial of information by invoking provisions such as Section 11(1), Section 8(1)(d), and Section 8(1)(j) of the RTI Act is arbitrary and unjustified. He argued that the information sought pertains to tender processes, event management, and expenditure of public funds, which are matters of public interest and should be disclosed in the interest of transparency and accountability. The Appellant further submitted that the Respondent has failed to provide available records and has instead taken evasive grounds to deny the information. He further contended that the same contractor is repeatedly being awarded contracts by the Respondent File Nos: CIC/MOFPI/A/2024/637823, CIC/MOFPI/A/2024/637827 and CIC/MOFPI/A/2024/637829 Page 11 of 16 Organization, thereby raising concerns regarding transparency in the tendering process.
15. The Respondent while defending their case inter alia submitted that the information sought involves third-party details and commercially sensitive information, and therefore, disclosure is exempted under Section 11(1) and Section 8(1)(d) of the RTI Act. The Respondent further submitted that certain queries pertain to personal information of individuals and are exempt under Section 8(1)(j) of the Act. It was also stated that some of the information sought is not maintained in the form requested by the Appellant and hence cannot be furnished.
Decision:
16. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the Appellant has sought information relating to tendering processes, event management expenditures and allied administrative records of the Respondent public authority. The Appellant has contended that complete information has not been furnished and that the denial of information by the Respondent is arbitrary and unjustified. He further submitted that the information sought pertains to public procurement and expenditure of public funds, which ought to be disclosed in the interest of transparency and accountability.
17. The Respondent, on the other hand, has denied the information primarily by invoking the provisions of Section 11(1) of the RTI Act and, in certain instances, Sections 8(1)(d) and 8(1)(j) of the RTI Act. It has also been submitted that certain information is not maintained in the form sought by the Appellant.
18. The Commission finds that the reliance placed by the Respondent on Section 11(1) of the RTI Act is misconceived. Section 11 is merely a procedural provision to be followed in cases involving third party information and does not, by itself, constitute a valid ground for denial of information. The Respondent has failed to demonstrate that the procedure under Section 11 File Nos: CIC/MOFPI/A/2024/637823, CIC/MOFPI/A/2024/637827 and CIC/MOFPI/A/2024/637829 Page 12 of 16 was duly followed or that the information squarely falls within any of the exemption clauses under Section 8 of the RTI Act.
19. Further, the plea of exemption under Section 8(1)(d) of the RTI Act relating to commercial confidence is not tenable in the present case, as the information sought pertains to concluded tender processes and public procurement. It is a settled position that details of successful bids, award of contracts, once the tendering process is complete, are subject to disclosure in order to ensure transparency in public dealings, unless specific and demonstrable harm to competitive position is established, which has not been done in the present case.
20. Similarly, the invocation of Section 8(1)(j) is found to be misplaced, as the information sought largely pertains to official acts, decisions, and records of a public authority, and does not involve disclosure of personal information having no relationship to public activity or interest.
21. As regards the contention that certain information is not maintained in the form sought, the Commission observes that while the CPIO is not required to create information, he is duty bound to provide available records, documents, files, and data in the form in which they exist. The Respondent cannot deny access to information merely on the ground that it is not compiled in the specific format sought by the Appellant.
22. In view of the above, the Commission is of the considered opinion that the denial of information by the Respondent is not in accordance with the provisions of the RTI Act. The exemptions claimed are not sustainable in the eyes of law, and the information sought by the Appellant is liable to be disclosed, subject to availability on record. This Bench has issued advisory in catena of cases for upfront disclosure of contract related information one such case in which advisory was issued is file No. CIC/DSIDC/A/2023/130549 and relevant paras of the same are reproduced as under:
"It is noteworthy that the information sought by the appellant at para (a) to (f) of RTI application is in numeric figures which should ideally be available in public domain upfront to maintain transparency in the system. For ease of File Nos: CIC/MOFPI/A/2024/637823, CIC/MOFPI/A/2024/637827 and CIC/MOFPI/A/2024/637829 Page 13 of 16 reading, name of such tender/award letter documents, inter alia are reproduced below -
1. NIT.
2. Terms and conditions.
3. Information to bidders (ITB).
4. Minutes of PBC (Pre-bid consultation).
5. Award Letter.
6. Estimated Amount at which tender awarded.
7. Date of start.
8. Date of completion (as per award/NIT).
9. Engineer-in-charge, their name & designation.
10. Supervisor with their name & designation.
Usually, the information mentioned above at point Nos. 6 to 10 is included in award letters which should be easily accessible from the website of concerned Public Authority. Further, the information such as completion certificate, MB (Measurement Book), Quality Check Report (QCR), Bill of Quantity (BoQ), Registration Certificate of Contractor are also made available to the public on demand as it does not attract exemption as per the RTI Act. In this regard, the attention of the parties is invited towards a judgement of the Hon'ble Apex Court in the case titled Reserve Bank of India vs Jayantilal N. Mistry on 16 December, 2015:AIR 2016 SUPREME COURT 1 wherein it was held as under:-
"...80. At this juncture, we may refer the decision of this Court in Mardia Chemicals Limited vs. Union of India, (2004) 4 SCC 311, wherein this court while considering the validity of SARFAESI Act and recovery of non- performing assets by banks and financial institutions in India, held :-
".............it may be observed that though the transaction may have a character of a private contract yet the question of great importance behind such transactions as a whole having far reaching effect on the economy of the country cannot be ignored, purely restricting it to individual transactions more particularly when financing is through banks and financial institutions utilizing the money of the people in general namely, the depositors in the banks and public money at the disposal of the financial institutions. Therefore, wherever public interest to such a large extent is involved and it may become necessary to achieve an object which serves the public purposes, individual rights may have to give way. Public interest has always been considered to be above the private interest. Interest of an individual may, to some extent, be affected but it cannot have the potential of File Nos: CIC/MOFPI/A/2024/637823, CIC/MOFPI/A/2024/637827 and CIC/MOFPI/A/2024/637829 Page 14 of 16 taking over the public interest having an impact in the socio- economic drive of the country..........."
xxxx
82. We have, therefore, given our anxious consideration to the matter and came to the conclusion that the Central Information Commissioner has passed the impugned orders giving valid reasons and the said orders, therefore, need no interference by this Court."
In view of the above, an advisory under Section 25(5) of the RTI Act is issued to the Respondent Public Authority for upfront disclosure of documents/ information related to tenders, award letters etc. under Section 4 of the RTI Act to make it easy for a layperson to get relevant information through website. This will also relieve the Public Authority of the burden of such RTI Applications."
23. Accordingly, the CPIO is directed to revisit the RTI applications and provide complete and point-wise information to the Appellant, based on the available records, and as per the provisions of the RTI Act within a period of three days from the date of receipt of this order. In case any part of the information is not available, the CPIO shall clearly state so on affidavit.
24. The FAA to ensure compliance of this order.
The appeal is disposed of accordingly.
Sd/-
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) Sd/-
(S. Anantharaman) Dy. Registrar 011- 26181927 Date File Nos: CIC/MOFPI/A/2024/637823, CIC/MOFPI/A/2024/637827 and CIC/MOFPI/A/2024/637829 Page 15 of 16 Copy To:
The FAA, NIFTEM, Pudukkottai Road, Thanjavur - 613005 File Nos: CIC/MOFPI/A/2024/637823, CIC/MOFPI/A/2024/637827 and CIC/MOFPI/A/2024/637829 Page 16 of 16 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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