Central Information Commission
Ramasubbu vs Bharat Heavy Electricals Limited ... on 16 February, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/BHELD/A/2020/698433
Ramasubbu ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Bharat Heavy Electricals Limited,
RTI Cell, Power Sector Southern Region,
690 (Old No. 474), EVR Periyar Building,
Anna Salai, Nandanam - 600035, Chennai,
Tamilnadu. .... ितवादीगण /Respondent
Date of Hearing : 15/02/2022
Date of Decision : 15/02/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 07/09/2020
CPIO replied on : 12/10/2020
First appeal filed on : 20/10/2020
First Appellate Authority order : 16/11/2020
2nd Appeal/Complaint dated : 30/12/2020
Information sought:
The Appellant filed an RTI application dated 07.09.2020 seeking the following information;1
1. Kindly disclose the Xerox copies of paper advertisement or Online web advertisement of the tender work for the above said vide SCT 1758 PKG 1 LOI Dated 20-11-2018 which was allocated to M/s. Immanuel & Co as information.
2. Kindly provide the Xerox copies of the estimate of the above said tender work for SCT 1758 PKG 1 LOI Dated 20-11-2018 which was allocated to M/s. Immanuel & Co as information.
3. Kindly furnish the Xerox copies of the entire payment bills of the above said tender work for SCT 1758 PKG 1 LOI Dated 20-11-2018 which was allocated to M/s. Immanuel & Co as information.
4. Kindly disclose the Xerox copies of paper advertisement or Online web advertisement of the tender work for the above said vide SCT 1758 PKG 2 LOI Dated 13-12-2018 which was allocated to M/s. Sree Saravana Engineering Bhavani Pvt Ltd as information.
5. Kindly provide the Xerox copies of the estimate of the above said tender work for SCT 1758 PKG 2 LOI Dated 13-12-2018 which was allocated to M/s. Sree Saravana Engineering Bhavani Pvt Ltd as information.
6. Kindly furnish the Xerox copies of the entire payment bills of the above said ender work for SCT 1758 PKG 2 LOI Dated 13-12-2018 which was allocated to M/s. Sree Saravana Engineering Bhavani Pvt Ltd as information.
7. Kindly disclose the Xerox copies of paper advertisement or Online web advertisement of the tender work for the above said vide SCT 1758 PKG 3 LOI Dated 21-01-2019 which was allocated to M/s. RPP Infra Projects Ltd as information.
8. Kindly provide the Xerox copies of the estimate of the above said tender work for SCT 1758 PKG 3 LOI Dated 21-01-2019 which was allocated to M/s. RPP Infra Projects Ltd as information.
9. Kindly furnish the Xerox copies of the entire payment bills of the above said tender work for SCT 1758 PKG 3 LOI Dated 21-01-2019 which was allocated to M/s. RPP Infra Projects Ltd as information.
The CPIO furnished a point wise reply to the appellant on 12.10.2020 and stated as follows:-
Point No:1, 4 and 7:-
The tender SCT 1758 was floated online in https://bhel.abcprocure.com/ portal and was also published online in http://www.bhel.com/index.php/ portal and 2 https://eprocure.gov.in/epublish/app portal with ID numbers NIT_ 41263 and 2018_BHEL_363560_1 respectively.
Point No: 2,5 and 8 :-
This information comes within the purview of Section 8(1) (d) read with Section 11 of the RU Act, 2005, wherein the consent for sharing thee said information was sought with the third parties, who represented for not sharing the said information. Hence, the same is denied.
Point No:3, 6 and 9 :-
This information comes within the purview of Section 8(1) (d) read with Section 11 of the RTI Act, 2005, wherein the consent for sharing the said information was sought with the third parties, who represented for not sharing the said information. Hence, the same is denied.
Being dissatisfied, the appellant filed a First Appeal dated 20.10.2020. FAA's order dated 16.11.2020 directed the CPIO to provide relevant information on each points of the RTI application.
Feeling aggrieved and dissatisfied with the non-compliance of FAA's order, theappellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio-conference. Respondent: G C Rachna, Executive Law &CPIO present through audio- conference.
The Appellant stated that in response to points no. 1, 4 and 7, the CPIO had invited his attention towards the specific hyperlink, however he is aggrieved by the fact that relevant information was not available on the weblink of Respondent. He further contested that complete relevant information in compliance with FAA's order has not been provided to him till date.
The CPIO while rebutting the Appellant's contentions submitted that in compliance with FAA's order hard copies of relevant information against points no. 1, 4 and 7 and also additional information on remaining points after redacting the personal information of third parties has already been provided to the Appellant on 23.11.2020. Further, at the behest of the Commission, she agreed to 3 resend the copy of relevant information to the Appellant through email at [email protected].
Decision:
The Commission upon a perusal of facts on record finds no infirmity in the reply provided by the CPIO as it adequately suffices the information sought by the Appellant as per the provisions of RTI Act, leaving behind no scope of further relief in the matter.
However, in view of contesting claim of Appellant during hearing and also in furtherance of hearing proceedings, the CPIO is hereby directed to share a copy of all the replies along with relevant information pertaining to the instant case, free of cost with the Appellant through email at his given email id. The said direction should be complied by the CPIO within 7 days from the date of receipt of this order under due intimation to the Commission.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4