CIC Criticizes IRCTC Over Denial of RTI Request on Rail Neer Scam Bidder Disclosures
The Central Information Commission (CIC) has strongly reprimanded the Indian Railway Catering and Tourism Corporation (IRCTC) for its refusal to provide information in response to a Right to Information (RTI) application. The application specifically sought details on whether companies bidding for railway tenders had disclosed any connections to the 2015 Rail Neer scam and related cases being investigated by central agencies.
RTI Application Sought Transparency on Bidder Backgrounds
The RTI applicant requested comprehensive information regarding the disclosure practices of companies participating in railway tenders. The application explicitly asked whether these bidders had declared that they were "accused in the famous Rail Neer scam" and whether they had informed authorities about the Central Bureau of Investigation (CBI) having registered an FIR (RC-DAI-2015-A-0032) against them.
Furthermore, the applicant sought clarification on whether bidders had disclosed that the Enforcement Directorate (ED) had registered cases under specific legal provisions, including Section 120B read with Section 420 of the Indian Penal Code and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act. The request also extended to whether companies had informed authorities about subsequent developments such as raids, cash seizures, and whether chargesheets or complaints had been filed by these investigative agencies.
IRCTC's 'Mechanical' Denial Draws CIC's Ire
IRCTC denied the information by invoking Section 8(1)(d) of the RTI Act, which provides exemption for matters related to commercial confidence and trade secrets. The corporation's officials maintained that they had properly informed the appellant about this denial, and the first appellate authority had upheld their decision.
However, the CIC found this response fundamentally inadequate. The commission noted that IRCTC's reply "merely states the exemption clause without providing any reasons or justification whatsoever." The CIC emphasized that "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."
CIC Emphasizes Need for Cogent Reasoning in Denials
The commission stressed that any denial of information under the RTI Act must be supported by "cogent reasons" and that "the burden of proving the applicability of an exemption squarely lies on the public authority." Finding IRCTC's response deficient and not in accordance with RTI Act provisions, the CIC directed the corporation to revisit the application and issue a "fresh, reasoned reply."
This decision underscores the CIC's commitment to ensuring transparency in public procurement processes, particularly when allegations of corruption and ongoing investigations are involved. The Rail Neer scam, which surfaced in 2015, involved allegations of irregularities in the supply of packaged drinking water on Indian Railways, making the disclosure of bidder backgrounds particularly significant for public accountability.
