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suryagaurav (manager)     14 December 2011

Pio in tender process denied information

Sir,
  After the completion of all the bidding formalities and award of a contract,I am as one of the bidder felt aggrieved, thinking that my tender had been disqualified arbitrarily by the city`s Urban Development Authority. I filed a request under the `RTI Act, 2005` and asked for the details of the tender evaluation procedure. The PIO denied the information saying that tender evaluation and related decision making processes are confidential and cannot be disclosed.
now I am confused:-
 (1)-Is the PIO justified in this decision? Why?
 (2)-If i go to appeal,I brought to the notice of the Information Commission that the PA has been unfair in the selection of the tender. Should the tender process have been transparent or is it that the decision / discretion of the concerned authority cannot be subjected to scrutiny? I need to Cite relevant provisions of the `RTI Act,2005`.



Learning

 1 Replies

Sudhir Kumar, Advocate (Advocate)     10 February 2012

You can appeal.  Merely if it is confidential it does not mean that the security of state and other aspect are in danger. Apparently this information is not protected under section 8. A gimmick to hide corruption.


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