Central Information Commission
Mohit Agrawal vs Ut Of Jammu And Kashmir on 8 August, 2024
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
नितीय अपील संख्या / Second Appeal No. CIC/UTOJK/A/2022/144722
Shri Mohit Agrawal ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Jammu & Kashmir Medical
Supplies Corporation Ltd
UT of Jammu and Kashmir
Date of Hearing : 06.08.2024
Date of Decision : 06.08.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 24.03.2022
PIO replied on : 18.04.2022
First Appeal filed on : 08.06.2022
First Appellate Order on : - -
2 Appeal/complaint received on
nd : 01.09.2022
Information soughtand background of the case:
The Appellant filed an RTI application dated 24.03.2022 seeking information on following points:-
1. Whether the EMD (Earnest Money Deposit) deposited with your department as per under mentioned details has been refunded back or not.
S.N Name of Items/Tender No. Date of EMD EMD o. Bidder Submissi Details Amou on nt (Rs.)
1. M/s NIT/JKMSCL/NACH/2019 20.06.20 DD No. 10000 Novex /320 dated 23.05.2019 19 364597 0 Healthca re
2. M/s/ E BID for the procument of 14.01.20 DD 10000 Alleppey surgical disposables items 16 No.0006 0 Latex (Reference No. 16 Pvt. Ltd. JKMSCL/Surgical Disposable/2015/105 dated 23.11.2015 Page 1
3. M/s. Tender for Rate Contract of 17.03.20 10000 Wings Drugs and Medicines Ref. 17 0 Biotech No. JKMSCL/Tend/Drug & Medicine/05/2017 dated 02.02.2017
2. If yes, EMD release details like mode of refund, date etc may please be supplied.
3. If not, the details of noting & orders passed by the concerned officials/officers may be supplied."
The Dy. General Manager (P & S) & CPIO, UT of Jammu and Kashmir vide letter dated 18.04.2022 replied as under:-
".............you are requested to kindly intimate this office regarding date of submission of EMDs mentioned in your communication."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 08.06.2022 which was not adjudicated by the FAA as per available records.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Not present Respondent: Dr. Shahza Farukh- Medical Officer- participated in the hearing through video-conferencing.
The Respondent stated that a reply qua the instant RTI Application was furnished vide letter dated 07-06-2022 wherein information regarding EMD's was provided that as per record provided by the concerned section, the EMD at S.No. 01 M/s Novex Healthcare vide DD No. 364597 dated 20-06-2019, against the tender No. 320 dated 23-05-2019 is available with JKMSCL and is under process for release in the Account Section. However, EMDs mentioned at the S.No. 02 & 03 are not available with JKMSCL, as per report received from concerned section. She further apprised the Commission that regarding the subject release of EMDs : the EMD of M/s Novex Helalthcare bearing EMD No. 364597 dated 20- 06-2019 amounting of Rs. 100000/- released and credited in favour of firm on 31-05-2022 as confirmed by the concerned Bank of Baroda, branch Industrial Area-II, Chandigarh. Further EMDs of M/s Alleppey Latex Pvt Ltd and M/s Wings Biltech of the year 2016 and 2017 is not in their record.
Page 2 Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of reply dated 07.06.2022 along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Upon perusal of records and examining the facts of the case at hand, it is noted that the Appellant's queries had been appropriately answered by the custodian of information. Furthermore, written submission filed by the Respondent is comprehensive and self-explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly supplied to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act.
Appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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