Central Information Commission
Mr. Syed Khasim Hussain vs Department Of Atomic Energy on 7 June, 2013
Central Information Commission, New Delhi
File No.CIC/SM/A/2013/000040
Right to Information Act2005Under Section (19)
Date of hearing : 07 June 2013
Date of decision : 07 June 2013
Name of the Appellant : Sh. Syed Khasim Hussain,
H. No. 141121, SBH Road, New
Paloncha507115, Khammam Dt. A.P.
Name of the Public Authority : Central Public Information Officer,
Heavy Water Plant (Manuguru),
D/o Atomic Energy, Post Gautamlnagar,
Mandal Aswapuram 507 116, Distt
Khammam, A.P.
The Appellant was not present in spite of notice.
On behalf of the Respondent, Shri R.G. Raghvan, APIO was present.
Chief Information Commissioner : Shri Satyananda Mishra
2. We heard the submissions of the Respondent.
3. In respect of a certain tender invited by the public authority, the Appellant had wanted the copies of the bid documents furnished by one particular bidder. The CPIO had refused to disclose the information by citing the exemption provision contained in subsection 1(d) of section 8 of the Right to Information (RTI) Act. Not satisfied with this decision, the Appellant had preferred an appeal. The Appellate Authority upheld the decision of the CPIO and disposed of the appeal.
4. We have carefully gone through the contents of the RTI application. We also understand that the bid process is now over. Therefore, in our opinion, the desired documents could be disclosed subject to the usual exemption provisions contained in the Right to Information (RTI) Act. Normally, in any bid document, there could be some records which happen to be the intellectual property of the bidder and cannot be disclosed. Otherwise, almost all the documents furnished in a tender process can always be disclosed. Keeping this in view, we direct the CPIO to revisit the bid documents of this particular bidder and disclose the copies thereof to the Appellant within 10 working days of receiving this order excluding, however, those documents which are in the nature of the intellectual property of the bidder.
5. The appeal is disposed of accordingly.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra) Chief 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