Information pertaining to the appointment of outsourced manpower - CIC: Copies of complaints cannot be provided as it may contain personal information - CIC: Copy of the contract containing terms and conditions of the tender once finalized can be provided
12 Apr, 2023Information Sought:
The appellant has sought the following information:
1. Provide the following details pertaining to the appointment of outsourced manpower during the year 2019:
1.1 Provide copies of the advertisements issued for hiring of outsourced manpower
1.2 Provide copy of tender document containing terms and conditions of the tender.
1.3 And other related information.
2. Provide the following details pertaining to the appointment of outsourced manpower since July 2021:
2.1 Provide copies of the advertisements issued for hiring of outsourced manpower.
2.2 Provide copy of tender document containing terms and conditions of the tender.
2.3 And other related information.
3. If tender has been floated through some other mode / medium, then provide a copy of the said document.
4. And other related information.
Grounds for filing Second Appeal:
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant was not satisfied with the reply given by the CPIO. He requested the Commission to invoke the powers under Section-7(6) of the RTI Act, 2005 to direct the disclosure of the requested information. He contested the denial of documents sought for in points no. 1.2, 1.3 and 1.4. He placed on the record of the Commission written submissions dated 15/03/2023 during the hearing.
The CPIO reiterated the contents of the undated written submissions which were available on the record of the Commission. He stated that the appellant visited the office for inspection and the desired documents were supplied to him on 29/11/2021 except the documents disclosure of which was barred under Section-8(1)(j) of the RTI Act, 2005.
Observations:
Keeping in view the facts of the case, the Commission observed that the appellant had sought information on 8 points and 8 sub-points from the respondent. The CPIO while giving the initial reply dated 09/11/2021, requested the appellant to visit the office in order to provide the disclosure of the sought for information. Thereafter, the appellant conducted the inspection and the relevant documents were given by the CPIO on 29/11/2021. The Commission concurs with the submissions of the CPIO that the copies of all the complaints received by the respondent’s office cannot be provided as it may contain certain personal information, therefore, it is barred from disclosure under Section-8(1)(j) of the RTI Act, 2005. The Commission also concurred with the submissions of the CPIO that the documents submitted by the firm during the tender process cannot be put in public domain as it is third party information. The Commission upholds the denial in point no. 1.4.
The Commission however opined that the copy of the contract containing terms and conditions of the tender once finalized can be provided to the appellant as it is not barred from disclosure under Section-8(1)(d) of the RTI Act, 2005. Reliance was placed by the Commission on the observations of the Hon’ble High Court of Jharkhand in the case of State of Jharkhand v. Navin K Sinha, AIR 2008 Jh 19 in this regard. The CPIO while disclosing such document must mask/severe the personal information invoking Section-10 of the RTI Act, 2005.
The Commission finds the reply of the CPIO on the remaining points appropriate and as per the provisions of the RTI Act, 2005. The CPIO has also elaborated further on each of the points vide his written submissions and a copy of the same has been provided to the appellant. It was also informed by the appellant that he has inspected the relevant records of the tender by visiting the office. Therefore, the queries of the appellant have been duly responded to by the CPIO.
Decision:
For the reasons recorded as aforementioned, the Commission directs the CPIO to send to the appellant a copy of the contract containing terms and conditions of the tender in question. The CPIO shall severe the sensitive and personal information, if any, by taking recourse to the provisions of Section-10 of the RTI Act, 2005. The CPIO is also directed to send a copy of the written submissions to the appellant. The directions shall be complied with by the CPIO within 07 days from the receipt of this order.
With the aforementioned observations, the instant second appeal is disposed of.
Vanaja N. Sarna
Information Commissioner
Citation: Rajat Narayan v. Central Road Research Institute (CRRI), File no.: - CIC/CRRID/A/2022/615059; Date of Decision: 15/03/2023