Central Information Commission
Arun Kumar Dhadwal vs Engineering Department on 15 January, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/ENGDP/A/2022/646108
Arun Kumar Dhadwal .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
CP Division No. 6, 2nd Floor,
Additional Deluxe Building,
Sector 9-D, Chandigarh -160009 ....प्रनर्वािीगण /Respondent
Date of Hearing : 08-01-2024
Date of Decision : 12-01-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 31-05-2022
CPIO replied on : 28-07-2022
First appeal filed on : 08-07-2022
First Appellate Authority's order : 12-07-2022
2nd Appeal/Complaint dated : 25-08-2022
Information sought:
The Appellant filed an RTI application dated 31.05.2022 seeking the following information:
1
"1. Supply the certified copy of allotment letters of tenders "Preparation of Environment Impact Assessment for obtaining Environmental Clearance by the proposed CONSTRUCTION OF MULTI LEVEL BASEMENT PARKING IN THE SPACE AVAILABLE BETWEEN CHANDIGARH JUDICIAL ACADEMY AND NEW DISTRICT COURT COMPLEX SECTOR-43 CHANDIGARH and "Preparation of Environment Impact Assessment for obtaining Environmental Clearance for the proposed ADDITIONAL MULTI-LEVEL BASEMENT PARKING IN PUNJAB AND HARYANA HIGH COURT. SECTOR-4, CHANDIGARH along with eligibility criteria in the above sard tenders.
2. Supply the certified copy of allotment letter vide memo no CP60214153 Dated 1600 2021 of CONSTRUCTION OF MULTI LEVEL BASEMENT PARKING IN THE S AVAILABLE BETWEEN CHANDIGARH JUDICIAL ACADEMY AND NEW DISTRICT COURT COMPLEX SECTOR-43 CHANDIGARH.
3. Supply the certified copy of valid empanelment letter of the Consultant M/s E. C. Engineers Vishwasaryria Nagar Goaplpura, Jaipur, Rajasthan from Ministry of Environment, and forest MoEF/NABET for presenting the case in concerned authority for Environment Clearance as mentioned in eligibility criteria in the above said tenders.
4. Supply the certified copy valid in house NABL accredited laboratory for various parameters as per six-month compliance report of the Consultant i.e M/s E. C. Engineers Vishwasaryriya Nagar, Goaplpura, Jaipur Rajasthan as mentioned in eligibility criteria the above said lenders
5. Supply the certified copy of testing reports of water, air, noise, and other testing papers of NABL accredited laboratory submitted uploaded in SEAC/SEIAA Committee, Chandigarh Administration, Chandigarh for Environment Clearance for above said tenders
6. Supply the certified copy of subletting the tender to the other agency as mentioned in the above said tender's forms and condition.
7 Supply the certified copy of any inquiry conducted or any correspondence with vigilance department, Chandigarh of the above said tenders.
8. Supply the certified copy of any inquiry conducted or any correspondence with Central Bureau of Investigation, Chandigarh of the above said tenders 2
9. Supply the certified copy any notice/memo issued by Mr Sudhir Batra. S.D.E. CP-6. Chandigarh Administration, Chandigarh to the M/s E.C. Engineers 1, Vishwasaryriya Nagar, Goaplpura, Jaipur, Rajasthan for violating the above said tender's terms and conditions.
10. Supply the certified copy of any intimation given to The Executive Engineer CP-6 Chandigarh Administration by Mr Sudhir Batra SDE, CP-6. Chandigarh Administration to the Mis E C. Engineers 1, Vishwasaryriya Nagar, Goaplpura, Jaipur, Rajasthan for violating the above said tenders' terms and conditions.
11. Supply the certified copy of any intimation given to The Executive Engineer CP6 Chandigarh Administration. Chandigarh for subletting the above said tenders to other agency by M/s E.C. Engineers 1, Vishwasaryriya Nagar, Goapipura, Jaipur Rajasthan
12. Supply the certified copy of any intimation given to Mr Sudhir Batra S.D.E. CP -6. Chandigarh Administration, Chandigarh for subletting the above said tenders to other agency by M/s E.C. Engineers, 1. Vishwasriya Nagar Goapipura, Jaipur, Rajasthan
13. Supply the certified copy of any departmental enquiry, complaint or any other enquiry pending against Mr. Sudhir Batra, S.D.E. CP-6 Chandigarh Administration, Chandigarh."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 08.07.2022. The FAA vide order dated 12.07.2022 directed the CPIO to reply to the RTI application. In compliance of the FAA's order, the CPIO vide its order dated 28.07.2022, replied point-wise as under:
"1. The requisite information (copy of the allotment letter) desired by the applicant/appellant is attached herewith as Annexure-1 as available with this office.
2-5. No such information is available in this office regarding the matter.
6. No such information is available with this office regarding sub-letting of tender to other agency by the firm.
7. No such information regarding any inquiry or correspondence with Vigilance Department Chandigarh is available with this office w.r.t to said tender. 3
8. No such information regarding any inquiry or correspondence with Central, Chandigarh is available with this office w.r.t to said tender. 9-12. No such information is available this office regarding the matter.
13. The applicant/appellant seeks information which cannot be supplied being personal information of the undersigned as per provisions of RTI Act, 2005."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present Respondent: Suman Bala, PIO, appeared through NIC The appellant while reiterating the content of the RTI application submitted that the respondent has not provided the complete information despite directions of the FAA. He further submitted that as mentioned in eligibility criteria at page No. 8 in tender document certain documents was required for filling the tender and same was mentioned in RTI application but till date no documents were supplied. He alleged that tender was allotted to the M/s E C Engineers and the work was being done by some third party. The appellant also stated that there is violation of the tender agreement and therefore documents sought may be given in the larger public interest.
The respondent while defending their case inter alia submitted that they have provided point-wise information to the appellant as per the provisions of the RTI Act vide their letter dated 28.07.2022. They further submitted that if any clause of the tender is being violated, then the appellant may file a complaint before an appropriate authority.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that the respondent have provided point-wise reply to the appellant vide letter dated 28.07.2022. The appellant claimed that that the reply given by the respondent is 4 incomplete. He alleged that there is gross violation of the tender agreement and therefore the respondent is supressing the information sought by him. The appellant stated that he was one of the bidders in the aforesaid tender process as referred in his RTI application.
In view of the above facts and circumstances, the Commission is of the view that interest of justice would be met if the appellant is allowed for inspection of the records related to the aforesaid tender i.e. L1 Firm submitted at the time of tender, and evaluation sheet showing the bid value of L1 bidder and recommendation of the tender evaluation Committee only. Accordingly, the respondent is directed to facilitate inspection of records related to the aforesaid tender i.e. L1 Firm submitted at the time of tender and evaluation sheet (except L2 and above) showing the bid value of L1 bidder, after redacting third party information and thereafter copies of the documents selected by the appellant may be given free of cost. The above directions shall be complied with, within a period of three weeks' time from the date of receipt of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (R K Rao) Dy. Registrar 011- 26181927 Date 12-01-2024 Arun Kumar Dhadwal House No. 2190, Sector 19-C, Chandigarh - 160019.5