Information about tender - CIC: The claim of photocopying charges after the lapse of 30 days was not maintainable as per the RTI Act - CIC: PIO directed to provide the 125 pages free of cost after taking assistance from the custodian u/s 5(4) of RTI Act
17 Feb, 2023Information Sought
The appellant has sought the following information pertaining to Tender No. 770621110001/M-20/35/124/46/054 dated 06/03/2021:
1. Full GST Registration details of all the parties/ individuals/ companies/ firms who have participated in the said tender.
2. Date and time of reverse auction conducted for the said tender.
3. Full GST Registration details of the party to whom the said tender has been awarded.
4. And other related information.
Grounds for filing Second Appeal
The CPIO did not provide any information.
Submissions made by Appellant and Respondent during Hearing:
The appellant was not present at the VC venue despite due service of notice on 14.11.2022 vide speed post acknowledgment no. ED235388612IN.
The CPIO submitted that a reply was sent on 16.06.2021 and photocopying charges was asked from the appellant for providing 125 pages. He however, admitted that the reply was delayed. Furthermore, he also submitted that after the CIC notice he coordinated with the custodian and a reply was receivd on 4 points and the reply for the remaining 2 points was awaited.
Observations:
At the outset, the Commission observed that the reply should have been given on time. The claim of photocopying charges after the lapse of 30 days was not maintainable as per the RTI Act. Therefore, the CPIO ought to provide the 125 pages free of cost to the appellant. Moreover, a point-wise reply on all the points should be sent to the appellant.
Decision:
In view of the above observations, the CPIO is directed to send a revised reply to the appellant on all the points and send the complete documents containing 125 pages free of cost alongwith the point-wise reply, after taking assistance from the custodian u/s 5(4) of the RTI Act. The order shall be complied within 15 days from the date of receipt of the order.
The CPIO is also cautioned to be careful in future regarding the timeline prescribed under the Act for providing replies to RTI applications.
The appeal is disposed of accordingly
Vanaja N. Sarna
Information Commissioner
Citation: Avishek Kumar v. SAIL Collieries Division, File No. CIC/SAIL1/A/2021/135948, Date of Decision: 18/11/2022