Central Information Commission
Mrmanoj Mahovia vs Bharat Sanchar Nigam Limited on 16 June, 2015
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2014/001107/7866
16 June 2015
Relevant Facts emerging from the Appeal:
Appellant : Mr. Manoj Mahovia
S/o Shri Hare Prasad Mahovia
Shanti Sadan, Khadki Mohalla,
Gwalior - 474003
Madhya Pradesh
Respondent : CPIO & Dy. General Manager
BSNL
Telecom Project, EMP Area,
Telecom Factory Gate no. 4, CTS Campus,
Wright Town, Jabalpur - 482002
FAA/GM (Planning)
BSNL Bhopal
C-Block, BDA Complex,
Vidyanagar, Hoshangabad Road,
Bhopal - 462026
Chief General Manager
BSNL
Madhya Pradesh Telecom Circle,
Bhopal - 462015
RTI application filed on : 30/12/2013
PIO replied on : 29/04/2014
First appeal filed on : 11/04/2014
First Appellate Authority order : 09/05/2014
Second Appeal dated : 26/05/2014
Information sought:-
The appellant has sought copies of documents which M/s. Mangeshi Construction Company, Gwalior has submitted for getting Tender No. NIT No-DET/OFC(P)/DIR-11/JBP/10-11 T-12 Dated 21/08/2010. The appellant had alleged that the said contractor has forged his company M/s Hans Communication & Construction Company's documents for getting the tender.
Grounds for the Second Appeal:
The CPIO has denied the information under Section 8(1)(d) & (j) of the RTI Act.
Relevant Facts emerging during the Hearing held on 06/5/2015: The following were present Page 1 of 3 Appellant: Mr. Manoj Mahovia through VC M: 08103116958/09891402495 Respondent: Absent The appellant alleged that M/s. Mangeshi Construction Company has submitted forged documents in connection with tender No. NIT No-DET/OFC(P)/DIR-11/JBP/10-11 T-12. Ed 21/08/2010 and he wants copies of the documents submitted by the firm. He contended that while applying for the tender the firm has misused sale tax, service tax, PAN, EPF & ESIC numbers of his firm (M/s. Hans Communication & Construction Company). He requested that the Commission should enquire into the genuineness and the validity of the documents submitted by the firm arguing that bringing out alleged act of forgery involves 'public interest'. To support his contention the appellant cited the Commission's decision dated 26/11/2008 [file no. CIC/AT/A/2008/00777 - P K Sharma vs. Ministry of Earth Sciences].
The CPIO is not present inspite of being put on notice for the hearing.
Interim Decision notice:
In view of the above submissions the Commission directs the Chief General Manager, BSNL MP Circle, Bhopal to enquire into the appellant's allegations and submit a report after perusing the relevant documents and giving an opportunity of hearing to the appellant. The CGM's report should reach the Commission along with his comments on or before 01/06/2015 by post and also by e-mail at [email protected].
The Commission takes a serious view of the lackadaisical/callous attitude adopted by the CPIO who has not bothered to attend the hearing inspite of being put on notice. The Commission, therefore, directs the FAA/GM (Planning), BSNL Bhopal to call for the explanation of the CPIO for not providing the information sought by the appellant and also for not attending the hearing inspite of being put on notice. The explanation of the CPIO as aforesaid along with the FAA's comments should reach the Commission on or before 27/05/2015 by post and also by e-mail at [email protected].
The matter is adjourned for 16/06/2015 at 03.00 PM.
Relevant Facts emerging during the Hearing held on 16/06/2015: The following were present Appellant: Mr. Manoj Mahovia through VC M: 08103116958/09891402495 Respondent: Mr. D P Tiwari CPIO through VC In compliance with the Commission's direction a report dated 29/05/2015 has been received from Mr. M.K. Jain CGM WTP Mumbai stating that enquiries were conducted into the appellant's allegations. The CGM has submitted that as per tender conditions 11 numbers of documents were required to be furnished by the contractor alongwith bid documents for establishing eligibility. It is reported that the contractor submitted 10 documents, however, these did not contain either service tax, sales tax, PAN, ESIC or EPF document and the tender was rejected on technical grounds.
The CPIO stated that since the information related to a third party the then CPIO had carried out the process as outlined under Section 11 of the RTI Act but the third party objected to the disclosure. He argued that the information is personal in nature and as no public purpose has been demonstrated by the appellant to justify its disclosure, exempt under Section 8(1)(d)&(j) of the RTI Act.Page 2 of 3
The appellant alleged that certain documents submitted by the firm are forged. To a query whether he has any tangible evidence to support his allegation he was unable to give any satisfactory reply.
Decision Notice:
The Hon'ble High Court of Delhi in its decision dated 16/09/2014 [W.P.(C) No.807 of 2014
- Manohar Lal Sharma vs. CBI & Ors] has held as under:
"10. It is clear from the above noticed settled legal position that the petitioner is bound to plead his case and produce sufficient evidence to substantiate the averments made in the petition. Admittedly, no such effort has been made by the petitioner herein."
The appellant has not been able to produce any material to substantiate his allegation that the contractor has submitted forged documents. Proper pleadings are necessary to meet the requirements of the principles of natural justice. The appellant cannot approach the forum to have fishing and roving inquiry.
From the CGM's report it is apparent that the appellant's allegation that the contractor has misused his service tax, sales tax, PAN, ESIC or EPF number is without substance.
As regards the information sought (viz. copies of the documents submitted by the contractor in connection with the tender) there is merit in the submissions of the respondent that the information relates to third party and is exempt u/s 8(1)(j) of the RTI Act as no public purpose is involved. Hence, we find no ground to interfere with the respondent's decision.
The matter is closed.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 3 of 3