IRCTC complies with CIC order, says RTI filed by rival bidder

The Indian Railway Catering and Tourism Corporation (IRCTC) has said it has complied with the CIC order, which had directed it to furnish reasons for denying information to an RTI application seeking whether some vendors who had applied for cluster tenders had declared that they faced cases registered by CBI and ED.

In a statement on Monday, the IRCTC said the Central Information Commission (CIC) directive has been complied with by giving a speaking reply to the RTI applicant.

"As the information sought by the applicant was exempted under 8 (d) of RTI act, IRCTC, vide its reply 16/07/24, submitted that the information sought is exempted under RTI. Further, the matter went to Hon'ble CIC and Hon'ble CIC, vide order dated 07/01/26, advised IRCTC to provide a fresh speaking reply to the applicant. The same has been complied by giving speaking reply to the applicant," it said.

The statement said "it will also be not out of place here to inform that the applicant is an unsuccessful bidder and the matter concerns other participant bidders thereby indicating the interrivalries".

The CIC had directed the IRCTC to provide "cogent reasons" for denying the information whether applicants who had applied for cluster tenders have declared that CBI and ED has registered cases against them.

"The Commission is of the considered view 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," it said.

The CIC, which is highest adjudicating body to hear RTI related complaints and appeals under the transparency law, said it is well settled that denial of information under the RTI Act must be supported by cogent reasons, and the burden of proving the applicability of an exemption squarely lies on the public authority.

"Accordingly, the CPIO is directed to revisit the RTI application dated 11.06.2024 and provide a fresh speaking reply to the Appellant. The above directions should be complied within a period of four weeks from the date of receipt of this order," the CIC said in its order.