Seeking disclosure of information regarding tenders under evaluation using RTI
8 Mar, 2013Background
The appellant filed an application under the Right to Information (RTI) Act with the Bharat Heavy Plates & Vessels Ltd (BHPVL) seeking information in connection with Tender floated by BHPVL for Manufacturing and Commissioning of Diesel Generator Set with Synchronizing Panel such as, action taken report on his letter; whether BHPVL has considered broad based specification to be tendered and the present status of the tender. He also wanted to know the name of the participants and engine model offered by each participant in the tender. The Public Information Officer (PIO) denied the information under the section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of the RTI Act.
Proceedings
During the hearing before the Central Information Commission (CIC), the respondent submitted that the information sought by the appellant was regarding a Tender process involving third parties and that the matter was under evaluation.
View of CIC
The Commission observed that the information regarding the name of the participants and engine model offered by each participant in the tender attracts the provisions of section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of the RTI Act, and if disclosed may harm the competitive position of third parties. The Commission denied this information stating that no larger public interest has been established by the appellant for disclosure of this exempted information. For the rest of the information, the CIC directed the PIO to provide it to the appellant.
Citation: Mr. J.C. Kohli v. Bharat Heavy Plates & Vessels Ltd in Case No. CIC/SS/A/2012/001631
RTI Citation : RTIFI/2013/CIC/1103
Click here to view original RTI order of Court / Information Commission