Central Information Commission
Deepak Kumar vs Steel Authority Of India Ltd. (Sail) on 15 July, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
निकायत संख्या / Complaint No. CIC/SAIL1/C/2024/625850
Shri Deepak Kumar निकायतकताग /Complainant
VERSUS/बनाम
PIO, Steel Authority of India Ltd. (SAIL) ...प्रनतवािीगण /Respondent
Date of Hearing : 11.07.2025
Date of Decision : 11.07.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from complaint:
RTI application filed on : 19.07.2023
PIO replied on : 14.08.2023
First Appeal filed on : 21.10.2023
First Appellate Order on : 21.11.2023
2ndAppeal/complaint received on : 17.06.2024
Information soughtand background of the case:
The Complainant filed an RTI application dated 19.07.2023 seeking information on following points:-
1. Let be supplied with me the certified copy of the Letter of Acceptance of Tender Offer issued to the successful bidder i.e., M/s. I.A. DHAS Handling Contractor Pvt.
Ltd PRIVATE LIMITED during the year 2021 to till date by this CMO (Note: It shall contain many attributes like Cost of accepted tender, total completion period, special conditions, if any)
2. Let be supplied with me the certified copy of the comparative statement drawn on the basis of rates submitted by the tenderers before awarding the Contract order in favour of M/s. I.A. DHAS Handling Contractor Pvt. Ltd Pvt. Ltd. by this ISPAT Bhavan
3. Let be supplied with me the certified copy of the Contract Certificate/Sale Offer issued in favour of M/s. I.A. DHAS Handling Contractor Pvt. Ltd Pvt. Ltd i.e., the successful bidder during 2021 to till date
4. Let be supplied with me the certified copy of the following submitted by the bidder M/s. I.A. DHAS Handling Contractor Pvt. Ltd while applying for the contract
5. Registration certificate
6. Labour License issued under Section 12(1) of the Contract Labour (Regulation and Abolition) Act, 1970
7. Digital Signature Certificate Page 1 of 3
8. Bid Securing Declaration (BSD) as 'Form 7
9. Integrity Pact as 'Form 8: Note: (Bids without a signed Integrity Pact shall be rejected).
10. Let be supplied with me the certified copies of the Tender Prime Costs of the successful bidder M/s. I.A. DHAS Handling Contractor Pvt. Ltd (Note: The Tender/Quotation consists of the estimated Labour Costs and the Material Costs and its total is called as "Prime Costs")
11. Let be supplied with me the certified copies of the Muster Roll for the period from 01.11.2020 to till date in respect of M/s. I.A. DHAS Handling Contractor Pvt. Ltd (Note: Maintaining a muster roll is mandatory by labour laws; and as per Section 2 (f) of the RTI Act the information includes "information relating to any private body which can be accessed by a public authority under any other law for the time being in force". Etc."
The CPIO, Steel Authority of India Ltd. (SAIL) vide letter dated 14.08.2023 replied as under:-
"The information so desired and as received from the deemed PIO of the concerned department of SAIL, CMO in reply to the RTI is as under:
The information sought is of commercial confidence pertaining to a running contract and is exempt from disclosure under Sec. 8(1)(d) of the RTI Act, 2005."
This is for your kind information."
Dissatisfied with the response received from the CPIO, the Complainant filed a First Appeal dated 21.10.2023. The FAA vide order dated 21.11.2023 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Complainant approached the Commission with the instant Complaint.
Facts emerging in Course of Hearing:
A combined written submission dated 09.07.2025 has been received from the CPIO which is a reiteration of the aforementioned facts.
Hearing was scheduled after giving prior notice to both the parties.
Complainant: Not present Respondent: Shri Sanjit Kumar Das - CPIO/GM(HR), was present through video conference during hearing.
The Respondent stated that response in terms of the provisions of the RTI Act had been duly furnished to the Complainant. The Complainant was neither present nor represented during hearing.
Decision:
Perusal of records of the instant case reveals that the Respondent had furnished response to the Complainant which is legally appropriate, in terms of the provisions of the Act.
Since the Complainant has chosen to approach the Commission with this Complaint under Section 18 of the RTI Act, the only question which requires adjudication is whether there was any willful concealment of information. Records of the case reveal Page 2 of 3 that the Respondent had sent the information, following due course of law as envisaged under the RTI Act, 2005. Therefore, no question of deliberate or wilful denial of information arises in this case. It is worthwhile to refer to the judgment of the Hon'ble Supreme Court of India in the case of Chief Information Commissioner and Another v. State of Manipur and Anr. in Civil Appeal Nos. 10787-10788 of 2011 dated
12.12.2011, relevant extract whereof is as under:
"...30. ...The only order which can be passed by the Central Information Commission or the State Information Commission, as the case may be, under Section 18 is an order of penalty provided under Section 20. However, before such order is passed the Commissioner must be satisfied that the conduct of the Information Officer was not bona fide."
31. We uphold the said contention and do not find any error in the impugned judgment of the High court whereby it has been held that the Commissioner while entertaining a complaint under Section 18 of the said Act has no jurisdiction to pass an order providing for access to the information." In the given circumstances, the Commission is of the opinion that information provided by the Respondent suffers from no legal infirmity and neither any case of deliberate or malafide denial or concealment of information by the Respondent is found in this case. Hence, no action under Section 18 of the RTI Act is required.
The case is disposed of as such.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अभिप्रमाभित सत्याभित प्रभत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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