Central Information Commission
Narendra Kumar Gupta vs Military Engineer Services on 30 June, 2020
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/MESER/A/2018/156851
Narendra Kumar Gupta ....अपीलकता
अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Headquarters,
CWE Military Engineering Services,
Rani Lakshmi Bai Marg,
Jhansi Cantt - 284001. /Respondent
.... ितवादीगण/Respondent
RTI application filed on : 20/06/2018
CPIO replied on : 18/07/2018
First appeal filed on : 23/07/2018
First Appellate Authority order : 27/08/2018
Second Appeal dated : 11/09/2018
Date of Hearing : 25/06/2020
Date of Decision : 25/06/2020
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INFORMATION COMMISSIONER : DIVYA PRAKASH SINHA
Information sought:
The he Appellant sought information regarding number of bids raised on GeM by from 01.04.2018 to 20.06.2018 20.06.2018;; bid ID numbers and demand for procurement sent by different GEs.1
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present:
present:-
Appellant: Present through VC.
Respondent: Lt Col Debashish ashish Chakravarty, DCWE & CPIO, Headquarters, CWE, Military Engineering Services, Jhansi Cantt. present on phone.
Appellant stated that he is not satisfied with the reply of the CPIO.
Upon Commission's instance, CPIO submitted that HHN Pastor, AO-II II was the then CPIO who has replied on the RTI Application.
Application He further submitted that will abide by the orders of the Commission.
Decision Commission based on the perusal of facts on record find no scope of intervention with respect to the reply provided by the CPIO on para 4 of the RTI Application App as Appellant has sought for clarification and deduction of the CPIO which is not as per Section 2(f) of RTI Act.
However, Commission takes grave exception to the sheer non-application non application of mind of the then CPIO & FAA in having denied information of ostensibly generic nature such as even the number of bids and BID ID number sought at para 1 & 2 of the RTI Application, respectively. Similarly, disclosure of information sought at para 3 of the RTI Application, i.e dedemand for procurement sent to the Respondent officeby by concerned GEs, will harm the competitive position of a third party is an inexplicable proposition.
Commission expresses severe displeasure over the stance taken by the then CPIO & FAA on paras 1-3 3 of the t RTI Application, negating the principles of probity and transparency by causing such unwarranted denial of information citing irrelevant exemptions of RTI Act. The then CPIO & FAA are hereby warned to exercise due caution in future while invoking exemption exemption clauses of RTI Act and are expected to uphold the letter & spirit of RTI Act.2
File No : CIC/MESER/A/2018/156851 The present CPIO is directed to serve a copy of this order on HHN Pastor, the then CPIO for taking note of the adverse remarks of the Commission.
Further, the present CPIO is directed to provide available and relevant information sought in paras 1-3 1 of the RTI Application to the Appellant free of cost within 15 days of receipt of this order and a compliance report to this effect be duly sent to the Commission by the CPIO.
The appeal is disposed of accordingly.
Divya Prakash Sinha ( द काश िस हा) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स यािपत ित) Haro Prasad Sen Dy. Registrar 011-26106140/ 26106140/ [email protected] हरो साद सेन, उप-पंजीयक दनांक/ Date Copy to be served through present CPIO to:
HHN Pastor Then CPIO&AO-II CWE Military Engineering Services, Jhansi Cantt 3
--(For or taking note of the adverse remarks of the Commission Commission) Copy to:
Commander Works Engineer & FAA (Under RTI Act) Headquarters Military Engineer Services Rani Laxmi Bai Marg Jhansi Cnntt-284001
--(For For taking note of the adverse remarks of the Commission as as above) above 4