9911796707
TMI Blog2012 (4) TMI 325X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner in relation to respondent No.2 firm and therefore he moved application under the provisions of Right to Information Act, 2005 asking for the following information: "1. Month wise various type of Sale and Purchase to match with Gross Sale and Purchase of Trading Account (Photocopy of all Sales and Purchase Bills). 2. Party wise (name and Addresses) and item wise Sale and Purchase to match with Trading Accounts. 3. Month wise Input VAT and Out-put VAT on Purchases and Sales and details of Tax Payable and Deposited in Banks. 4. Annual Bank Statement with Parties Name. 5. Statement of all Sundry Debtors and Creditors with details of Sales/Purchases and Payments made and Receive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being misused and totally abused in the hands of people like the appellant to settle personal scores. It was further observed that the public authority providing information to such warring siblings is also in its own way permeating creation of bad blood and recommended that way be found to resolve and avoid such revengeful and negative atmosphere and unhealthy competition. 3. Even these scathing observations of CIC did not deter the appellant to challenge the aforesaid order by preferring writ petition. In the writ petition, the learned Single Judge took the same view and dismissed the said writ petition vide impugned order dated 25.01.2012 by imposing cost of Rs. 25,000/-. 4. It appears that the appellant by his conduct is proving that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is saved under Sub-Section (3) of Section 98 of the Act. Not only this, Sub-Section (2) Section 98 of the Act provides for punishment with imprisonment upon the government servant who discloses such information. 6. Provisions of Section 8(1)(d) of the RTI Act are to be interpreted, in the present context, keeping in view the provisions of Section 98 of the Act. Provisions of Section 8(1)(d) reads as under: "8 (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen - (a) ... ... ... ... (b) ... ... ... ... (c) ................. (d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which wou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s involved, the competent authority is to do its exercise in a reasonable and non-arbitrary manner. Such a procedure has to be transparent. This is also based on the principle that the public largesse are not to be distributed by the Government functionaries at their whims and fancies and all have equal right to be considered and all eligible persons have to be considered for award of public works. Thus the method of evaluation of tender has to be transparent. In a particular case, if it is found that the exercise done was not in accordance with the tender conditions or was arbitrary, the same can be set aside / quashed. It is in this light, that the right to know the basis of tender documents, the eligibility of a tenderer or the manner in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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