The tender approving process in the government sector is bound to become more transparent and subject to public scrutiny after Central Information Commission (CIC) has passed an order in a case related to the Rail Coach Factory (RCF), Kapurthala that the information about the minutes of the tender committee, performance report and technical scrutiny notes should be furnished under the RTI Act.
Applicant Bankey Bihari Sonthalia had sought access to the decision making process and the documents relied upon to take a final decision for procurement of certain material. He had specifically asked for minutes of the tender committee, performance report, technical scrutiny notes etc. However, he was denied information by the Public Information Officer of RCF on the ground that the information asked for, related to commercial confidence and its disclosure “would harm the competitive position of the third party”.
In his appeal before the CIC he pleaded that he had only asked for the minutes of the tender committee and other documents on the basis of which procurement-related decision were taken by the authorities and he had not asked for the documents submitted by the third party.
In its decision the CIC held that a citizen had the right to observe and scrutinise the decision making process by the public authority, particularly after action was complete. It held that there was no justification for withholding the information relating to finalisation of awards of tenders, bids which followed an established procedure.
