Central Information Commission
Bhavna Tarun Kuklani vs Military Engineer Services on 9 March, 2021
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका, नई द ली - 110067
Munirka, New Delhi-110067
File no.: - CIC/MESER/A/2019/112326
In the matter of:
Bhavna Tarun Kuklani
... Appellant
VS
Central Public Information Officer,
Military Engineer Services(MES),
Headquarters, Chief Engineer Pune Zone,
Dakshin Kaman Marg, Pune - 411001
...Respondent
RTI application filed on : 01/09/2018 CPIO replied on : 26/10/2018, 04/12/2018 First appeal filed on : 05/12/2018
First Appellate Authority order : Not on record Second Appeal Filed on : 13/03/2019 Date of Hearing : 09/03/2021 Date of Decision : 09/03/2021 The following were present: Appellant: Not present
Respondent: Shri Sushant Kumar, Director & CPIO, present over VC Information Sought:
The appellant has sought the copies of the following correspondence that was exchanged between the office of Chief Engineer, Pune Zone and the Engineer- in-Chief Branch, New Delhi, with reference to the contract for provision of the external services for 454 ORs and student JCOs at CME, Pune, which was accepted in favour of M/s. Kukson Electronics Pvt Ltd, Pune:
1. Regarding execution and cancellation of above-stated contract and execution of another contract for completing the balance works.1
2. Regarding the ban on issue of tenders to M/S Kukson Electronics Pvt Ltd and continuation / removal of the said ban.
3. Copy of noting sheets containing the decision of the Chief Engineer for cancellation of the contract and other related noting sheet containing the decisions by the Chief Engineer, Pune Zone.
Grounds for Second Appeal The CPIO did not provide the sought for information under Sec.8(1)(j) of the RTI Act.
Submissions made by Appellant and Respondent during Hearing:
The appellant was not present to plead his case despite service of hearing notice on 23.02.2021 vide speed post acknowledgment No. ED527614862IN.
The CPIO reiterated the contents of his reply dated 04.12.2018.
Observations:
From a perusal of the relevant case records, it is noted that the reply of the CPIO is not proper as the information sought by the appellant cannot be termed as personal information of any individual but is related to a firm and hence the exemption claimed u/s 8(1)(j) of the RTI Act was not appropriate. The CPIO in his reply had further stated that since the information pertained to a third party, hence a letter was sent to them to seek their comments with regard to the disclosure of the information. However, the concerned third party had denied to disclose the information. However, it is noted that the information sought by the appellant is covered u/s 8(1)(d) of the RTI Act and if such information is disclosed the same would harm the competitive position of M/s. Kukson Electronics Pvt Ltd and can be prejudicial to their business and commercial interest. Hence, no relief can be given to the appellant, moreso, when the appellant herself was not present to plead her case Decision:
In view of the above, no relief can be given to the appellant. However, the CPIO is issued a warning to remain careful while claiming any exemption under the RTI Act and to ensure that the proper exemption clause is invariably invoked alongwith a reasonable justification wherever required.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचना आयु ) 2 Authenticated true copy (अिभ मा णत स या पत ित) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3