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| Allow inspection of LPG dumping sites | | SIC's direction to HPCL | | Early Times Report
Jammu, Feb 4: In one of the encouraging orders passed by State Information Commission (SIC) against Hindustan Petroleum Corporation Limited (HPCL) , the SIC has directed the HPCL to allow inspection all the LPG dumping sites by an information seeker. Pertinent to mention that the information seeker had sought some information from HPCL in May last year and he also had asked the PIO of HPCL (Sr Regional Manager) for allowing him to undertake inspection of the LPG dumping sites under the section 2 (i) of J&K RTI Act which was not granted.
Details available with Early Times reveal that Dr. Raja Muzaffar Bhat R/o Gopalpora Budgam moved an application dated 13-05-2014 before the Central Public Information Officer, Hindustan Petroleum Corporation Limited, SIDCO Complex, Bari Brahmana, Jammu under J&K Right to Information Act, 2009 wherein he sought details of retail LPG outlets allotted in various areas of Srinagar & Budgam Districts from 2011 to May 2014 . The information seeker also requested in his RTI application that he may be allowed the facility to inspect the dumping sites of LPG outlets under the provisions of Jammu & Kashmir Right to Information Act, 2009 and Central Right to Information Act, 2005.
As the information was denied to the information seeker he filed 2nd appeal before the State Information Commission (SIC) almost four months back. The Appellant (Dr Raja Muzaffar Bhat) alleged in his 2nd appeal that the respondent PIO of HPCL Jammu did not discharge his statutory obligation to furnish the requisite information within the prescribed period of 30 days and thus committed a willful default within the meaning of the J&K RTI Act, 2009.
The appellant had also preferred 1st appeal dated 21-06-2014 before the 1st Appellate Authority, Regional Office, Hindustan Petroleum Corporation Limited, Lane No. 3, SIDCO Complex, Bari Brahmana within the statutory Period which was also not disposed off. The appellant has alleged that the Executive Director LPG (1st appellate authority )being a quasi judicial authority neither summoned nor afforded him an opportunity of being heard and has not adjudicated and disposed of the 1st appeal within the statutory period as prescribed under the J&K RTI Act, 2009. The main contention of the appellant in his 2nd appeal before the Commission is that the HPCL is guilty of allowing dumping sites in densely populated areas of Srinagar and Jammu cities and has thus put on risk the life and property of thousands of innocent citizens and as such the information sought for is of utmost public importance and the respondents can no longer absolve themselves from the statutory responsibilities of providing the information.
SIC order reads as: "The counsel for the appellant Rabinder Singh was present on 15-10-2014 and he sought adjournment, whereas in case of rest of the hearings neither the appellant nor his counsel was present. However, the appellant vide his application dated 11-11-2014 which was G-mail to the office of the Commission informed that he is in Delhi and cannot appear before the Commission and requested that he be heard via video conferencing and also provided his cell number i.e. 09419109288. The office of the Commission made several efforts on the dates of hearing to contact the appellant on his cell number but received no response. The presence of the appellant/telephonic hearing would have facilitated the Commission in disposing the matter in consonance with principles of natural justice"
Order further reads as: "The Commission in its wisdom believes that nobody should be condemned unheard and an appellant should be given adequate and reasonable opportunity of being heard before arriving at just conclusion while disposing of a matter. In the given circumstances the CPIO (Sr Regional Manager) and Executive Director LPG of HPCL (First Appellate Authority) are hereby directed to send another set of information to the information seeker free of cost under a registered cover at his residential address given in the RTI application within one week from the date of pronouncement of this order. The CPIO is further directed to allow the appellant an opportunity to inspect all the dumping sites of LPG outlets in various areas of Srinagar and Budgam districts. The parties are at liberty to settle the date and time for inspection of the dumping sites. The appellant has also requested in his RTI application that the entire information should be proactively disclosed under section 4 of J&K RTI Act,2009 relating to HPCL and he be provided a link of official website where this information is proactively available. In view of the request of the appellant, Senior Regional Manager/Central Public Information Officer, Hindustan Petroleum Corporation Limited Jammu & Kashmir and Executive Director-LPG/1st Appellate Authority for HPCL are hereby directed to implement the mandate of Section 4(2) which orders suo-motu disclosure of the entire information relating to HPCL in the larger public interest within three weeks from the date of receipt of this order under an intimation to the commission." |
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