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| Non-compliance of SIC order: HPCL manager asked to appear before commission | | | Early Times Report
Jammu, Dec 3: As Hindustan Petroleum Corporation Limited (HPCL) failed to adhere to the orders of State Information Commission (SIC) to allow inspection of its LPG go-downs/dumping sites in Srinagar and Budgam under the provisions of State RTI Act , the SIC has sent notice to the Senior Regional Manager of HPCL to appear before it on December 14.
HPCL had shown utmost disrespect to the Right to Information Act (RTI) by not implementing the orders of the SIC which had directed the HPCL's Regional Office Jammu to allow inspection of LPG dumping sites in Srinagar and Budgam district by an Information seeker under the provisions of section 2 (i) of J&K RTI Act 2009. The HPCL has not only violated this order but in addition to it the voluntary disclosure of the LPG dumping sites located in various parts of state too have not been updated on its official website which is mandatory under section 4 (1) (b) of state RTI Act.
Case background: Raja Muzaffar Bhat of Budgam had moved an application on 13-05-2014 before the Central Public Information Officer, HPCL, 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 and Budgam 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. The information seeker alleges that LPG godowns and dumping sites of HPCL are located in populated areas not only in Srinagar but in Jammu as well.
As the information was denied to the information seeker he filed second appeal before the SIC almost eight months back. The appellant alleged in his second 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 first appeal dated 21-06-2014 before the 1st Appellate Authority, Regional Office, HPCL 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. In its order the SIC said: "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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