(Q) After the completion of all the bidding formalities and award of a contract, one of the bidder felt aggrieved, thinking that his tender had been disqualified arbitrarily by the city`s Urban Development Authority. He filed a request under the `RTI Act, 2005` and asked for the details of the tender evaluation procedure. The PIO denied the information saying that tender evaluation and related decision making processes are confidential and cannot be disclosed.
(a) Is the PIO justified in this decision? Why? Answer in your own words.
(b) In the appeal, the complainant brought to the notice of the Information Commission that the PA has been unfair in the selection of the tender. Should the tender process have been transparent or is it that the decision / discretion of the concerned authority cannot be subjected to scrutiny? Cite relevant provisions of the `RTI Act,2005` in support of your answer.
(Q) An employee requests the PIO of her Department (of a State Government) for a copy of the proceedings initiated against her colleague, by which a judicial inquiry had been initiated against the latter for gross misconduct. She also asked for the file containing all the documents collected against the colleague as also the information about the evidence collected against him. The inquiry is yet to be completed and action, as applicable, yet to be taken.
(a) Which of the information asked for can be given? Which information cannot be given? Why not? Can the reason for denying any of the information be just that the person asking for it is an employee and the information also pertains to an employee? If yes, why? If no, why?.
(b) At this stage itself, if the information is denied by the Department concerned, can it be obtained from the court (inquiring into the matter) which would also be holding the information and which is a higher authority in this case? What are the chances that the Court would be a Competent Authority under the `RTI Act, 2005`?
(Q) After the completion of all the bidding formalities and award of a contract, one of the bidder felt aggrieved, thinking that his tender had been disqualified arbitrarily by the city`s Urban Development Authority. He filed a request under the `RTI Act, 2005` and asked for the details of the tender evaluation procedure. The PIO denied the information saying that tender evaluation and related decision making processes are confidential and cannot be disclosed.
ReplyDelete(a) Is the PIO justified in this decision? Why? Answer in your own words.
(b) In the appeal, the complainant brought to the notice of the Information Commission that the PA has been unfair in the selection of the tender. Should the tender process have been transparent or is it that the decision / discretion of the concerned authority cannot be subjected to scrutiny? Cite relevant provisions of the `RTI Act,2005` in support of your answer.
(Q) An employee requests the PIO of her Department (of a State Government) for a copy of the proceedings initiated against her colleague, by which a judicial inquiry had been initiated against the latter for gross misconduct. She also asked for the file containing all the documents collected against the colleague as also the information about the evidence collected against him. The inquiry is yet to be completed and action, as applicable, yet to be taken.
ReplyDelete(a) Which of the information asked for can be given? Which information cannot be given? Why not? Can the reason for denying any of the information be just that the person asking for it is an employee and the information also pertains to an employee? If yes, why? If no, why?.
(b) At this stage itself, if the information is denied by the Department concerned, can it be obtained from the court (inquiring into the matter) which would also be holding the information and which is a higher authority in this case? What are the chances that the Court would be a Competent Authority under the `RTI Act, 2005`?