Central Information Commission
Mradul Awasthi vs Container Corporation Of India Ltd. on 23 April, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/CCOFI/A/2023/655812
Mradul Awasthi .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Container Corporation of
India Ltd., CONCOR Bhawan, C-3,
Mathura Road, Opp: Apollo Hospital,
New Delhi - 110076 .... ितवादीगण /Respondent
Date of Hearing : 07.04.2025
Date of Decision : 23.04.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 13.06.2023
CPIO replied on : 12.07.2023
First appeal filed on : 05.08.2023
First Appellate Authority's order : 20.11.2023
2nd Appeal/Complaint dated : Nil
Page 1 of 4
Information sought:
The Appellant filed an RTI application (offline) dated 13.06.2023 seeking the following information:
"Regarding Tender No. ElAREA--MIS-MISC/5/2021-NR, GeM Bid Number: Bid Number: GEM/2022/B/2517466 Dated: 08-09-2022 For "Integration and Testing of Radio Data Terminals with existing Applications at ICD/Tughlakabad on Buyback basis with one year warranty, Four years AMC Support & Onsite Engineers" please provide following information
1. Regarding "SECTION XI, INTEGRITY PACT", the ATC document uploaded on para-15 of GeM bid, please provide information -
(a) Name & Designation of Independent External Monitor (IEM)
(b) Contact no.
(c) Qualification
(d) Copies of information/letter provided to Independent External Monitor about all meetings among the parties related to the Project
(e) Copy of notices, issued by Independent External Monitor to Management of Principal and corrective action taken by Principal in this regard, in context of Section-8 Para(5) of Integrity Pact
2. Regarding "SECTION V, Special Conditions of Contract", the ATC document uploaded on para-15 of GeM bid, please provide information
(a) The detail of amount released to successful bidder where successful bidder has claimed to have successful supplied, made installation, commissioned and integrated of hardware, software, networking equipment etc., as per the requirement of CONCOR in the following format SI. Name/specification of Date of Supporting Amount No. service/ machinery claim of document/invoice released supplied/AMC by amount presented by (Rs.) by successful bidder, as successful bidder CONCOR, on date as on date The CPIO did not reply to the appellant as per the available records. Being dissatisfied, the appellant filed a First Appeal dated 05.08.2023. The FAA did not pass any order in respect of the above RTI application.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Page 2 of 4Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent Respondent: Shri P Bapu Rao, General Manager/APIO, appeared in person.
The respondent while defending their case inter alia submitted that inadvertently the instant RTI application was not replied, and they apologised for the same. However, they stated that the appellant has sought different information on the same subject matter which was denied by them under section 8 (1) (d) and (e) of the RTI Act vide letter dated 12.07.2023.
As regards the queries raised in the above RTI application, they stated that Independent External Monitor (IEM) details are already available in the public domain. They also informed that contract in question has been completed, therefore, they expressed their willingness to provide the information i.e. award letter, work completion report, total amount paid to the vendor etc. Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that RTI application and the first appeal were not replied by the respondents. The non-response by the CPIO and inaction by the FAA constitutes a clear violation of Sections 7(1) and 19(1) of the RTI Act. The respondent apologized for the inconvenience caused to the appellant.
The respondent submitted that information sought on point No. 1 of the RTI application i.e. Independent External Monitor (IEM) details are already available in the public domain. As regards point No. 2, they submitted that contract in question has been completed, therefore, they are ready to part with the information which are not exempted.
The Commission observes that information related to expenditure of public funds, contract execution, and project performance falls under the category of public interest, and its disclosure promotes transparency and accountability in public authorities.
In view of the above the respondent is directed to provide the information including award letter issued to the successful bidder, terms and conditions of Page 3 of 4 the contract, work completion report, total amount released and any other non-exempt information relevant to the queries to the appellant within three weeks' time from the date of receipt of this order.
The FAA to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Container Corporation of India Ltd., CONCOR Bhawan, C-3, Mathura Road, Opp: Apollo Hospital, New Delhi - 110076 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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