Copies of the quotations submitted by the firms that carried out work on behalf of the HPCL was denied claiming that it is information of commercial confidence - CIC: Follow the procedure laid down under Section 11 of the RTI Act & take a decision
This matter, pertaining to an RTI application dated 14.1.2014 filed by the Appellant, seeking information on four points regarding the expenses incurred by the Respondents and related details in respect of observance of Oil and Gas Conservation fortnights during the years 2011 to 2013, came up today. The Appellant stated that he has not been provided copies of the quotations submitted by the firms that carried out work on behalf of the Respondents in the above context. The Respondents stated that copies of quotations are information of commercial confidence and were denied under Section 8 (1) (d) of the RTI Act. The Appellant stated that similar information was provided to him by some other companies, including BPCL.
2. We have considered the submissions made by both the parties. In this context, we recall the judgment dated 23.3.2012 of the High Court of Delhi in Bharat Sanchar Nigam Limited vs. Shri Chander Sekhar [LPA No. 900/2010], in which the High Court considered a matter in which the CIC had directed provision of copies of complete reports of evaluation of tender on the financial bids received from various bidders. For the reasons recorded in the above judgment, the High Court remanded the matter back to the CIC with the direction that if the respondent in the above case was still desirous of the information sought, a notice should be issued to the parties whose bids were evaluated in the evaluation process, information qua which was sought before deciding on the request for information in that case, after following the procedure under Section 11 of the RTI Act.
3. In view of the foregoing, the CPIO is directed to follow the procedure laid down under Section 11 of the RTI Act and thereafter take a decision on the request of the Appellant in this case for copies of the quotations received from the third parties concerned.
4. With the above direction, the appeal is disposed of.
5. Copies of this order be given free of cost to the parties.
Citation: Shri Ramesh Sharma v. Hindustan Petroleum Corporation Ltd., in File No. CIC/SH/A/2014/001431