Early Times Report
Jammu, Oct 19: The State Information Commission (SIC) has come down heavily on the Hindustan Petroleum Corporation Limited (HPCL) for not revealing information on an RTI application about various inspection reports carried at an LPG godown in Jammu.
The SIC has directed the officials of HPCL to reveal the information under J&K RTI Act 2009 to an information seeker. It has also shown serious concern over the LPG godown located near a private Engineering College at Babliana in Jammu, which is causing a serious threat to the students.
Details available with Early Times reveal that one Kovid Khosla of Sidhra , had filed an RTI application before the HPCL SIDCO Complex, Bari Brahmana. The applicant had, among other details, sought copies of the quarterly inspection reports of distributor namely M/S Ravi Nath & Brothers, Babliana, Jammu since 2004.
However, senior Regional Manager & CPIO on November 8, 2014 informed the information seeker that the information cannot be shared as per Section 8(1)(d) of the Act as it includes nature of commercial confidence and it would harm the competitive position of third party.
On November 27, 2014, the appellant filed first appeal before the First Appellate Authority/EDLPG, HPCL, Hindustan Bhawan, 8 SV Marg, Ballard Estate, Mumbai, and after he filed second appeal before the SIC. He alleged that the information was denied to him on flimsy grounds having no legal force as it does not fall within the ambit of Section 8(1)(d)(g) of the Central Act as claimed by the respondents.
The appellant in his appeal filed before SIC Jammu said the information sought was nowhere exempted from disclosure and only such information is exempted from the disclosure which has no relationship to any public interest or activity. He also submitted that the information sought by him has close relationship with public activity of the respondents.
In its order on October 8, the SIC said, "It would be pertinent to mention here that HPCL is under the administrative control of Government of India, Ministry of Petroleum and Natural Gas. It is in public domain that Government of India holds more than 51% shareholding in HPCL while banks and financial institutions hold another 24%. Therefore, the action of the HPCL quota appointment of distributors for marketing LPG to domestic consumers falls within the realm of public law and the larger public interest involved therein warrants disclosure of such information.
"…The godown of the said gas agency has been functioning next to the MBS Engineering College in gross violation of the guidelines and the Explosives Act etc and may thus endanger the precious lives of hundreds of students.
"In view of the aforesaid facts and observations, the CPIO and the FAA are hereby directed to disclose the entire information to the appellant within 10 days."
Notably, a Kashmir-based RTI activist had also sought similar information (about dumping sites, go-downs etc) from HPCL. But despite SIC's orders the information hasn't been provided to the information seeker so far. The RTI applicant filed a non-compliance complaint against HPCL before SIC Srinagar office more than seven months ago which is yet to be disposed. |
