Kamal Ghorui
The Central Information Commission (CIC) has pulled up the Indian Railway Catering and Tourism Corporation (IRCTC) for denying information on an RTI plea seeking disclosure of whether bidders in railway tenders had declared links to the Rail Neer scam and related cases probed by central agencies, PTI reported.The applicant had sought details on whether companies bidding for tenders disclosed any cases registered by the CBI or the Enforcement Directorate (ED) against them, including their alleged involvement in the 2015 Rail Neer scam.
RTI sought disclosure of CBI, ED cases
The RTI application specifically asked if bidders had declared that they were “accused in the famous Rail Neer scam” and that the CBI had “registered an FIR (RC-DAI-2015-A-0032) against them”.It also sought details on whether bidders disclosed that the ED had “registered a case under sections 120B read with Section 420 of the IPC and 13(2) read with 13(1)(d) of the Prevention of Corruption Act”.Further, the applicant asked if companies informed authorities about developments such as raids, cash seizures, and whether a “chargesheet” or “complaint” had been filed by the agencies.
CIC flags ‘mechanical’ denial by IRCTC
IRCTC denied the information citing exemption under Section 8(1)(d) of the RTI Act, which covers commercial confidence and trade secrets. The respondent officials maintained that they had “categorically informed the appellant” and that the first appellate authority upheld the reply.However, the CIC found the response inadequate, noting it “merely states the exemption clause without providing any reasons or justification whatsoever”.“A bare or mechanical reference to an exemption clause, without explaining its applicability to the information sought, does not constitute a valid or speaking reply under the RTI Act,” the commission said.Emphasising that denial must be supported by “cogent reasons”, the CIC added that “the burden of proving the applicability of an exemption squarely lies on the public authority”.Holding the reply deficient, the commission said it was “not in consonance with the provisions of the RTI Act” and directed IRCTC to revisit the application and issue a “fresh, reasoned reply”.
