Central Information Commission
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi - 110 066
Website: www.cic.gov.in
Decision No.5727/IC(A)/2010
F. No.CIC/MA/A/2010/000219
Dated, the 10th August, 2010
Name of the Appellant: Shri. J.M. Nadkarni
Name of the Public Authority: Rashtriya Chemicals & Fertilizers. Ltd.
Facts
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1. Both the parties were heard on 10/8/2010.
2. The appellant has asked for access to the sample of paints and test
reports in respect of a tender approved by the respondent.
3. The CPIO has refused to furnish the information u/s 8(1)(d) of the Act, on
the ground that the specifications of paints obtained through the tender process
is of commercial confidence, the disclosure of which would affect the supplier, a
third party.
4. In the course of hearing, the details of information asked for and the
CPIO’s responses were discussed. The CPIO stated that they have been taking
due precaution in purchase of paints and other related materials with a view to
protecting the environmental concerns of the society.
5. The appellant alleged that substandard materials were acquired by the
respondent in relating to the market prices of materials purchased by the
respondent.
Decision:
6. Under section 2(j)(iii) of the Act, an information seeker is entitled to take
samples of materials in respect of the tenders approved by the public authorities,
particularly, after the completion of the process of award of bids. In view of this,
denial of information u/s 8(1)(d) of the Act is unjustified.
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“If you don’t ask, you don’t get.” – Mahatma Gandhi
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7. The CPIO is directed to allow the appellant to draw samples of paints and
access to copies of test reports as asked for by him, within 15 working days from
the date of receipt of this decision, failing which penalty proceedings u/s 20(1) of
the Act would be initiated. The information, including the sample of paints and its
specifications, should be provided on the basis of available material.
8. With these observations, the appeal is disposed of.
Sd/-
(Prof. M.M. Ansari)
Central Information Commissionerii
Authenticated true copy:
(M.C. Sharma)
Deputy Registrar
Name & address of Parties:
1. Shri. J.M. Nadkarni, Nadkarni Bunglow, Savroli-Kharpada Road, At &
Post: Khalapur, Dist. Raigad – 410 202
2. Shri. B.R. Chavan, CPIO, Rashtriya Chemicals & Fertilisers Ltd., Thal
Unit, Thal, Taluka Alibag, Dist. Raigad – 402 208.
3. Shri. K.K. Phadnis, Appellate Authority, Rashtriya Chemicals & Fertilizers
Ltd., Administrative Buidling, Chembur, Mumbai – 400 074.
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“All men by nature desire to know.” – Aristotle
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