In an unusual order, the central information commission has agreed that minutes of tender committee meetings should "ideally" be made public, but left it to the government department concerned to take a call on it.
"The minutes of the tender committee should ideally be put in public domain, so as to enable the citizens to observe and scrutinise the decision making process in the matter of award of tenders," Information Commissioner M M Ansari said in a ruling.
He said the respondent (East Central Railways) has just mentioned that the minutes are confidential, but did not give reasons for the same and termed it as "unacceptable".
However, the commissioner did not give any final directive and asked the officials of east central railways "to review its decision and examine the disclosure of requested information, as per the provisions of the Act".
Ansari's order came under severe criticism from Right To Information activists who said the CIC has to take final order because the application has already passed its first two stages -- application and first appeal -- as per the transparency law.
"Why is the information commissioner sitting there? He should either order for disclosure or tell it can't be disclosed. Why has he shifted his responsibility back to the department when there are no such provisions in the RTI Act," said a leading RTI activist C J Karira, whose opinion was also shared by one of the information commissioners at the CIC.
According to RTI Act, an information seeker first approaches the central public information officer of the department concerned with an application.
If the information provided is unsatisfactory or not provided at all in a month's time, the applicant makes first appeal with the higher authority within the department, also known as First Appellate Authority.
If the decision of the FAA is not satisfactory, an appeal is filed before the CIC or the state information commissions who give the final verdict.
RTI applicant Harish Kumar Joya has sought for a copy of minutes of a tender committee and related information from the east central railway.
The CPIO and the appellate authority refused to furnish the information on the grounds that the information asked for are confidential.
Being dissatisfied with the response, the appellant has pleaded before CIC that the desired information should be furnished to him.
"The appellate authority is accordingly directed to pass a speaking order within one month from the date of receipt of this decision," Ansari said.
Mumbai-based activist Krishnaraj Rao said, "The process of exercising RTI is clearly laid out in the Act. How can they go outside its purview and pass such decisions? The order should have been passed by the commissioner."
