CIC: Provide the list of Tenders which have been cancelled by the NCCBM, mentioning the date of issuing/ releasing/ uploading and the date of cancellation of each tender; In case the reasons are available in a recorded form, the same should be supplied
The appellant has sought the following information:
1. Complete List of all Tenders along with their reference numbers, Bid ID numbers and Tender ID, including the name of the item for procurement, which have been issued/ released/ uploaded on the e-Procurement Portal of the Government of lndia during the period 01st April 2017 to 31st March 2019 for procurement requirements of the National Council for Cement and Building Materials, Ballabgarh.
2. Out of the above stated tenders, provide the List of Tenders which have been cancelled by the NCCBM, mentioning the date of issuing/ releasing/ uploading and the date of cancellation of each tender and reasons thereof.
Grounds for Second appeal
The CPIO and the FAA have not provided complete information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that both the CPIO and the FAA have failed to provide complete information to him particularly on point no. 2 of the RTI application.
The CPIO submitted that whatever information was available with them, the same was supplied to the appellant 24.05.2019.
From a perusal of the relevant case records, it is noted that the appellant is aggrieved as the desired information regarding the date of issuing, releasing, uploading and the date of cancellation of each tender and reasons were not provided to him. During the hearing, the CPIO agreed to supply all the desired information to the appellant. However, with regard to the reasons for cancellation of the tenders, he submitted that these are mainly administrative decisions and it is not necessary for them to record the reasons thus this may not be available. The Commission opines that the CPIO should go through the records and in case the reasons are available with them in a recorded form, the same should be supplied to the appellant and in case no such information is available, a categorical reply should be given. A proper point wise reply should be given for the other points.
In view of the above, the CPIO is directed to provide a revised reply to the appellant on point no.2 while supplying all the information required by him and the same should be given as per the submissions held during the hearing within a period of 10 days from the date of receipt of this order under intimation to the Commission.
The Appeal is disposed of accordingly.
Vanaja N. Sarna
Citation: Anil Jain v. National Council for Cement and Building Material in File No.: CIC/NCCBM/A/2019/144293, Date of Decision: 07/09/2020