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2026 Supreme(Online)(CIC) 2080

CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, Information Commissioner
S Rajeswaran – Appellant
Versus
CPIO, NIFTEM, Pudukkottai Road, Thanjavur – Respondent
CIC/MOFPI/A/2024/637823 | CIC/MOFPI/A/2024/637827 | CIC/MOFPI/A/2024/637829



Advocates:
For the Appellant: S Rajeswaran
For the Respondents: CPIO, NIFTEM

Denial of information under the RTI Act must align with established exemptions; public interest prevails in cases of transparency and accountability.

Headnote:(A) Right to Information Act, 2005 - Sections 8(1)(d), 8(1)(j), and 11 - Denial of information regarding tender processes and event management is arbitrary and unjustified; the exemptions claimed by the respondent are not sustainable as the sought information pertains to public interest. (Paras 16-24)

(B) Procedural requirements of RTI - Section 11 requires due process for third-party information; failure to demonstrate compliance with the exemption clauses under Section 8 undermines the respondent's position. (Paras 18-22)

(C) Transparency in public procurement - Information on concluded tenders should be disclosed to ensure accountability and public interest, not withheld under vague commercial sensitivity claims. (Paras 19-20)

Facts of the case:
The appellant filed multiple RTI applications seeking detailed information on tenders and events conducted by NIFTEM-T, which were denied by the CPIO citing various RTI Act exemptions.

Findings of Court:
The Court found deficiencies in the CPIO's responses and directed complete disclosure of available information to the appellant.

Issues: The central issues were the validity of the exemptions claimed for withholding information and the applicability of procedural requirements in the context of public procurement.

Ratio Decidendi: The Court ruled that public interest in transparency outweighs the exemptions claimed under the RTI Act, emphasizing that the respondent must provide available records in the requested information format.

Result: The CPIO is directed to furnish complete information within three days.

Table of Content
1. facts surrounding rti applications (Para 2 , 4 , 6)
2. arguments by appellant and respondent (Para 14 , 15)
3. court observations about information accessibility (Para 16 , 17)
4. legal rationale against information denial (Para 18 , 22)
5. final directives for information provision (Para 19 , 23 , 24)

Information sought:

1. The Appellant filed an RTI application dated 22.05.2024 (online) seeking the following information:

“The National Institute of Food Technology, Entrepreneurship and Management, Thanjavur (NIFTEM-T) functioning under the Ministry of Food Processing Industries has processed a tender in the recent past for providing manpower services to them. The reference details are as below:

Organization: National Institute of Food Technology, Entrepreneurship and Management, Thanjavur (NIFTEM-T)

Tender Title: Annual contract for providing Manpower

Tender Ref No: NIFTEM-T/PO/Ser/2023-24/017

Name of work: NOTICE INVITING TENDER FOR SUPPLY OF MANPOWER SERVICES TO NIFTEM-T

Tender ID in CPP Portal: 2023_IIFPT_782205_1

Date of Publishing in the CPP Portal: 23-Nov-2023 03:00 PM

With reference to the above tender, the following information shall be furnished:

1. The Copy of the detailed tender notice published on 23rd November 2023 through Central Public Procurement Portal.

2. The copy of Corrigendum issued on 30th November 2023 3. The copy of Corrigendum issued on 06th December 2023

4. The total list of entities/companies/firms applied for the tender

5. The total list of MSME, NSIC registered entities/companies/firms who have applied for the tender

6. The total list of all entities/companies/firms who have submitted the DD for EMD along with Tender Application

7. The total list of MSME, NSIC registered entities/companies/firms who have submitted DD for EMD along with Tender Application

8. The list of entities/companies/firms who have been accepted in the Technical Bid Opening

9. The total list of MSME, NSIC registered entities/companies/firms who have been accepted in the Technical Bid Opening

10. The list of MSME, NSIC registered entities/companies/firms who have submitted DD for EMD and also accepted in the Technical Bid Opening.

11. The list of MSME, NSIC registered entities/companies/firms who have NOT submitted DD for EMD and also accepted in the Technical Bid Opening.

12. The list indicating the amount quoted by each accepted firm for each category of the BOQ in the Financial Bid Opening. (For Example: If the BOQ has 10 categories and if there are 10 eligible entities/companies/firms have quoted for the financial bid, then the list should indicate all amounts of 10 categories of all 10 entities/companies/firms and the total entries in the list shall count to 100. This is only an illustrative case to give clarity on the information sought for. Accordingly, the list comprising actual BOQ items for each of the eligible entities/companies/firms shall be given).

13. The copy of the BOQ comparative chart (indicating all categories of the BOQ under Financial Bid of the published Tender Notice) uploaded to the CPP portal.

14. Details (Name, Designation, Years of Experience in Purchase Office related Activities) of the person who has prepared BOQ comparative chart (if in case a committee has prepared the BOQ comparative chart, the details (Name, Designation, Years of Experience in Purchase Office related Activities) in respect of each person of the committee.”

2. The CPIO furnished a reply to the Appellant on 06.06.2024 stating as under:

“With reference to your email cited above, it is to inform that your application has been filed before MoFPI, New Delhi under the provisions of RTI Act 2005 on 22.05.2024 for seeking available information. However, the CPIO, NIFTEM-T has received the said RTI application through email ID of CPIO, NIFTEM-T allotted by MoFPI, New Delhi only on 27.05.2024.

Information provided to the Question 1 to 14: Since it is covered under Section 11 (1) of the Right to Information Act, 2005 , NIFTEM-T does not intend to dis

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