Central Information Commission
Ranjan Kumar Pradhan vs Rail Vikas Nigam Ltd. on 30 December, 2020
CIC/RVNLT/A/2019/103059
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/RVNLT/A/2019/103059
In the matter of:
Ranjan Kumar Pradhan ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
/AGM/WAT, Rail Vikas Nigam
Limited, O/o the Chief Project
Manager-II, EVNL/Waltair,
North Block 2nd Floor,
New LIC Building,
Thikkana Road,
Visakhapatnam - 530004 ( AP)
Relevant dates emerging from the appeal:
RTI : 20.10.2018 FA : 03.12.2018 SA : 21.01.2019
CPIO : 30.10.2018 FAO : 18.12.2018 Hearing : 29.12.2020
The following were present:
Appellant: Shri Ranjan Kumar Pradhan participated in the hearing through video
conferencing from NIC Kendrapara.
Respondent: Shri N.V.S.S. Prasad, APIO and AGM/P/WAT through video
conference from NIC Vishakapatnam.
Page 1 of 5
CIC/RVNLT/A/2019/103059
ORDER
Information sought:
The Appellant filed an RTI Application dated 20.10.2018 seeking information pertaining to invitations for bids placed during 2018-2019. He specifically sought for information of invitations for bids tender notice no. RVNL/CPM/11/WAT/TIG-VZM/3rd Line/Pkg 6A & 6B. Execution of third line between Jimidipeta - Bobbil and Bobbili - Gotlam construction works in Waltair division of East Cost Railway, Odisha and Andhra Pradesh, India in 2(two) packages. In addition, he sought:
1) The list should contain the following details:
a) Tender procedure followed by C.P.W.D. code details?
b) How many biders in this e-procurement work, invitations for bids. Please provide the all the list of Biders names, address, contact no.
c) Who will be best prices of amount Bids? Minimum & Maximum bids amount in this e-procurement. Give all the details of the biders.
d) Finally selected the contractor / agency details (like - contractor licenses copy, labour licenses copy, solvency certificate copy and agreement copy provide to appellant.
e) Procedure to be followed in information of e-procurement in Government of India? Give details.
2) Provide the details of Govt. of India e-procurement Notice no. bid identification no? Newspaper advertisement copy.
a) Name of the work.
b) Estimated cost Rs?
c) Period of completion?
d) Date & Time of availability of Bids document in poras?
e) Last date/Time for receipt of bids in the portion.
f) Name, designation & address of this officer who will inviting tenders please provide the details.Page 2 of 5
CIC/RVNLT/A/2019/103059 The CPIO vide letter dated 30.10.2018 provided point-wise information to the Appellant. Being dissatisfied, the Appellant filed a First Appeal dated 03.12.2018. The First Appellate Authority vide order dated 18.12.2018 provided sufficient explanation to the Appellant.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. He requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that he is not satisfied with the reply provided by the Respondent. At the instance of the Commission, he explained that he was not a bidder to the said tender but had learnt that there was some mala fide subsisting in the tender, so wanted to know the entire details of it.
The Respondent submitted that the Rail Vikas Nigam Limited, which is a Government of India Enterprise set-up as SPV under the M/o. Indian Railway is undertaking the new construction of 3rd line project between Titlagarh (Odisha) - Vizianagaram (AP). The works of 3rd line are headed by Chief Project Manager- II/RVN/Waltair as WAT-PIU. He further submitted that the RVNL had a system to call the open tender by uploading bid documents on its website and interested bidders used to download the bid document and submit the same physically at nominated place and time as the manner prescribed in the bid document. He furthermore submitted that the information sought by the Appellant is prior to the introduction of e-tendering system which was introduced in RVNL w.e.f. 28.08.2019. Hence, calling of e-tender to the instant package does not arise. He Page 3 of 5 CIC/RVNLT/A/2019/103059 added that the combined tender for package-A and 6B was called under IFB (invitation for bids) no. RVNL/CPM/II/WAT/TIG-VZM/3rd Line/Pkg-6A & 6B dated 23.07.2018 with a scheduled date of submission of bid document in the tender box kept in the office of CPM/II/RVNL/WAT not later than 11:00 hrs on 28.09.2019. He further added that due to administrative reasons, the open tender called under the aforementioned IFB dated 23.07.2018 was cancelled in terms of Addendum and Corrigendum No. 1 dated 17.09.2018. He apprised the Bench that all the aforesaid information was informed to the Appellant by the CPIO on 30.10.2018 followed by the order of the First Appellate Authority dated 18.12.2018.
A written submission has been received by the Commission vide letter dated 21.12.2020 filed by Shri N.V.S.S. Prasad, AGM/P/WAT & APIO/RVNL/WAT wherein he has justified his initial reply provided to the Appellant.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the Respondent has provided a comprehensive reply to the Appellant in response to the queries raised in the instant RTI Application. The Commission finds no infirmity in the reply provided by the Respondent public authority in their correspondences to the Appellant. With the above observations, the appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 29.12.2020 Page 4 of 5 CIC/RVNLT/A/2019/103059 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) /CPM-II, Rail Vikas Nigam Limited, O/o the Chief Project Manager-II, EVNL/Waltair, North Block 2nd Floor, New LIC Building, Thikkana Road, Visakhapatnam- 530004 ( AP)
2. The Central Public Information Officer /AGM/WAT, Rail Vikas Nigam Limited, O/o the Chief Project Manager-II, EVNL/Waltair, North Block 2nd Floor, New LIC Building, Thikkana Road, Visakhapatnam530004 ( AP)
3. Mr. Ranjan Kumar Pradhan Page 5 of 5