Central Information Commission
Mr.Prem Chandgoel vs Ministry Of Railways on 17 May, 2010
Central Information Commission
CIC/AD/A/2010/000407
Dated May 17, 2010
Name of the Applicant : Shri. Prem Chand Goel,
Name of the Public Authority : Integral Coach Factory
Chennai
Background
1. The RTI application was filed on 22.06.2009 with the PIO, Store Department, Integral Coach Factory, Perambur, Chennai seeking copies of Purchase orders for all items supplied by M/S Shakti Sales Corporation, and also the Tenders which have been accepted from 1990 till date in favour of M/S Shakti Sales Corporation. He also wanted to know who had verified, passed and tested the material along with dispatch details and details of payments released. The PIO replied on 18.07.2009 denying information from points C to G under Section 8 (1)(d) of the RTI Act, since the disclosure would harm the competitive position of the company who is having trade contract with ICF Administration. Being aggrieved with this reply the Applicant filed his first Appeal on 22.10.2009 stating that ICF is a Public Authority and that it has drawn up a contract with M/S Shakti Sales Corp. and no information about the same can be kept secret and is liable to the public in respect of the usage of the funds .
2. The Appellate Authority replied on 10.09.2009 providing the required clarification and upholding the decisions of the PIO. Not satisfied with this reply the Applicant filed his second Appeal before the Commission on 18.01.2010 requesting for the information once again.
3. The Bench of Mrs. Annapurna Dixit, Information Commissioner, heard the matter for May 17, 2010.
4. Shri. P. Balan representing the Appellate Authority, Shri. N. Sundar Rajan, PIO Stores, and Shri Shri. Shiv Kumar, Head Clerk represented the Public Authority.
5. The Applicant was not present during the hearing.
Decision
6. The Commission after hearing the submission of the Respondents directs the PIO to provide complete information against points C, D, E and F of the RTI application for the years for which files are available in the office. With respect to files which have been weeded out as per rules for preservation of records, the Commission directs the PIO to provide a copy of the rules to the Appellant along with evidence of the files having been destroyed as per rules. All information may be provided by the 10th June, 2010.
7. The appeal is accordingly disposed of.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G. Subramanian) Deputy Registrar Cc:
1. Shri. Prem Chand Goel S/o Late Sh. Ganga Shai Ji Goel, G9, Aggarwal Plaza, L.S.C., CUBlock Pitam Pura, Delhi110088.
2. The PIO Integral Coach Factory Indian Railways Chennai600038 Chennai
3. The Appellate Authority Integral Coach Factory Indian Railways Chennai600038 Chennai
4. Officer in charge, NIC
5. Press E Group, CIC