CIC Challenges IRCTC's Denial of RTI Information on Rail Neer Scam Bidders
Central Information Commission Questions IRCTC's Transparency
New Delhi: The Central Information Commission (CIC) has criticized the Indian Railway Catering and Tourism Corporation (IRCTC) for refusing to provide information requested through a Right to Information (RTI) application. The inquiry sought to determine whether companies bidding for railway contracts disclosed any connections to the Rail Neer scandal and related investigations by central agencies.
The RTI request specifically inquired if the bidders acknowledged any ongoing cases with the Central Bureau of Investigation (CBI) or the Enforcement Directorate (ED) in their tender submissions.
The Rail Neer scandal, which came to light in 2015, involved allegations that private catering firms supplied inferior bottled water instead of the required 'Rail Neer' on premium trains, resulting in a loss of approximately ₹19.5 crore for Indian Railways.
The RTI applicant wanted to know if the bidders had declared their involvement in the Rail Neer case, including the FIR registered by the CBI (RC-DAI-2015-A-0032).
Additionally, the inquiry sought information on whether the bidders disclosed that the ED had initiated a case under relevant sections of the Indian Penal Code and the Prevention of Corruption Act.
The applicant also requested updates on significant developments in these cases, such as raids, cash seizures, and whether any chargesheets had been filed.
The purpose of the RTI was to assess the transparency of companies regarding ongoing investigations while they participated in government tenders.
However, the IRCTC denied the request, citing that the information was exempt from disclosure under Section 8(d) of the Right to Information Act, 2005.
This section protects sensitive business information from being disclosed if it could harm the competitive position of a third party.
During the hearing, the applicant argued that the information was in the public interest and should not have been denied, asserting his right to access such information under the RTI law.
IRCTC officials defended their position, stating they had informed the applicant about the exemption, which was upheld by the first appellate authority.
Upon reviewing the case, the CIC deemed the response insufficient, pointing out that it merely referenced the exemption without providing adequate reasoning.
The CIC emphasized that a mere citation of an exemption clause does not fulfill the requirements of the RTI Act, which mandates that denials must be substantiated with clear reasoning.
The commission concluded that the IRCTC's response was inadequate and instructed them to reconsider the RTI application and issue a detailed, reasoned reply.