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Central Information Commission

Shobikaa Impex Private Limited vs Ministry Of Health & Family Welfare on 15 December, 2017

                    CENTRAL INFORMATION COMMISSION
                  Room No.414, Baba Gangnath Marg, Munirka
                              New Delhi-110067

                                             F. No.CIC/YA/C/2016/000168

Date of Hearing                     :   12.12.2017
Date of Decision                    :   12.12.2017
Appellant/Complainant               :   Mr. M. Palaniappan

Respondent                          :   CPIO, Central     Medical    Services
                                        Society

                                        Through:
                                        Shri S.A.Khan
                                        GM(Procurement)
                                        Central Medical Services Society.

Information Commissioner            :   Shri Yashovardhan Azad

Relevant facts emerging from appeal:

RTI application filed on            :   02.03.2016
PIO replied on                      :   -
First Appeal filed on               :   -
First Appellate Order on            :   -
2nd Appeal/complaint received on    :   27.05.2016

Information sought

and background of the case:

Vide RTI application dated 02.03.2016, the complainant sought following information with regard to Tender no. CMSS/PROC/NVBDCP/20115-16/006 for Procurement of LLINs:
1. Minutes of all the meetings held during the evaluation of the above referred tender from the date of order i.e. 20.01.2016 passed by the Delhi High Court in W.P. (C) 9694/2015 to till date.
2. Complete Tender evaluation report.

The CPIO vide letter dated 10.06.2016 furnished information as under:

1. Bid Evaluation Report
2. Minutes of the Sub-committee meeting held on 03.02.2016.
3. Minutes of the 12th meeting of GB held on 01.03.2016.
Page 1 of 3
4. Minutes of the 13th meeting of GB held on 16.03.2016.

Information related to you have been provided. The information related to other bidders are not being provided."

Dissatisfied with information provided by CM(Procurement), the complainant approached the Commission.

On receipt of notice from CIC, Gm (Procurement) & PIO furnished the following information/documents on 13.10.2017:

"The tender for procurement of Long Lasting Insecticidal Nets (LLIN) was under evaluation at the time M/s Shobikaa Impex Private Ltd sought information from us vide their RTI application dated 02.03.2016. the Tender was decided by the competent authority i.e. Governing Body of the CMSS in a meeting held on 16.03.2016 and order was placed on 10.05.2016 on the successful bidder M/s Vestergaard Group SA. Thereater, the required documents i.e. Bid Evaluation Report and Minutes of the meetings of the sub-committee and of the Governing Body were provided to M/s Shobikaa Impex Pvt. Ltd vide letter No. CMSS/PROC/NVBDCP/2015-16 dated 10.06.2016 The information sought by M/s/ Shobikka Impex Pvt. Ltd. under the RTI Act 2005 vide their application dated 02.03.2016 is now again furnished herewith.
The following documents are enclosed:
a) Bid Evaluation Report (Technical)
b) Bid Evaluation Report (commercial)
c) Minutes of the Sub-Committee meeting (Technical ) held on 03.02.2016
d) Minutes of the Sub Committee meeting (Commercial held on 10.02.2016
e) Minutes of the Sub Committee meeting (Commercial) held on 17.02.2016
f) Extract of the Minutes of the 12th meeting of GB held on 01.03.2016
g) Extract of the Minutes of the 13th meeting of GB held on 16.03.2016
h) Copy of reply to RTI query dated 10.06.2016
i) Copy of speed post Ref. No. ED6733605841 N dated 10.06.2016 from Sansad Marg PO Page 2 of 3 Relevant facts emerging during hearing:
Complainant is absent despite notice. The respondent is present and heard. The respondent states information as available on record has already been provided to the appellant. He also placed a copy of reply furnished to the complainant before the Commission and same is taken on record. The complainant is not present to contest his case.
Decision:
After hearing the respondent and perusal of record, the Commission finds that information as available on record has already been furnished to the complainant and no further action is called for.
The complaint is disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P.Grover) Designated Officer Page 3 of 3