Central Information Commission
Mr.Harinder Dhingra vs Indian Oil Corporation Limited (Iocl) on 18 June, 2012
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2011/004166
Appellant Shri Harinder Dhingra.
Public Authority IOCL
Date of hearing 18.06.2012
Date of decision 18.06.2012
Facts :-
Heard today dated 18.06.2012. Appellant present. IOCL is represented by Shri R.S. Tulsi, Chief Manager(Retail Sales). The Commission is also assisted by Shri Jai Bhagwan in this matter.
2. It is noticed that vide RTI application dated 21.7.2011, the appellant had sought information regarding the retail outlets in Rewari District; monthly/quarterly/yearly off take by these petrol pump owners in Rewari District for last 05 years; details of action taken against the petrol pump owners; details of officers visiting the outlets and the matters related therewith. This was responded to by the CPIO vide letter dated 17.8.2011.
3. Dissatisfied with the response of CPIO, he has filed the present appeal.
4. During the hearing, it is the submission of the appellant that petroleum products, particularly, diesel is being lifted by the petrol pump owners of Haryana State from the Depots of three Oil Marketing Companies viz. IOCL; BPCL and HPCL and is not being off loaded at their respective petrol pumps but is being diverted to various places in the State of Rajasthan. According to him, the diesel is being sold @ Rs.40.29 in Haryana whereas the minimum prevailing rate in Rajasthan State is 43.46. Because of this price differential, the diesel being up-lifted from Rewari in Haryana is being diverted to various places in Rajasthan for black marketing.
5. He also submits that the Excise and Taxation Department of the Government of Haryana has issued certain Show Cause Notices to certain parties for these illegal activities. Besides, certain FIRs were got registered with the police under the E.C.Act. The list of FIRs registered in this connection is given below :-
(i) FIR No.10/2008 under E.C. Act and sections 407/420 IPC,at Police Station :
Model Town, Rewari.
(ii) FIR No. 13/2008 under EC Act and section 420 IPC at Police Station Model Town, Rewari.
(iii) FIR No. 206/2010 under EC Act and section 420 IPC at Police Station : Model Town, Rewari.
(iv) FIR No. 306/2010 under EC Act and sections 379, 411 & 420 IPC at Police Station Model Town, Rewari.
(v) FIR No. 438/2010 under EC Act and sections 379, 407, 411 IPC at Police Station Model Town, Rewari.
6. According to the appellant, the problem is very serious and the Oil Marketing Companies are not taking any action in the matter for reasons best known to them. He, therefore, requests the Commission to issue suitable instructions to the Oil Marketing Companies with a view to preventing recurrence of these illegal activities.
7. On the other hand, Shri Tulsi would submit that IOCL is not aware of registration of any FIR at Police Station, Model Town, Rewari. He is also not aware of certain unscrupulous elements resorting to the devious method of diverting diesel from Haryana to Rajasthan to make quick money. He also submits that IOCL has a mechanism in place to keep surveillance over the activities of petrol pump owners.
8. The matter is serious enough to warrant handling at the policy making level. The Commission would like to hear the Directors of IOCL, HPCL and BPCL before passing any orders in the matter. Hence, it is ordered that notices may be issued to the following for personal appearance before the Commission on 06.08.2012 at 1040 hrs. • Shri M. Nene, Director, Marketing, IOCL, Marketing Division, Indian Oil Bhawan, G-9, Ali Yavar Jung Marg, Bandra(East), Mumbai-400051.
• Shri K.K. Gupta, Director(Marketing), Bharat Petroleum, Bharat Bhawan-I, 2nd Floor, 4 & 6 - Currimbhay Road, Ballard Estate, Mumbai-400001.
• Mrs. Nishi Vasudeva, Director(Marketing), HPCL, Hindustan Bhawan, 8, S.V. Marg, Mumbai-400001.
9. Copy of the proceedings may also be sent to the Secretary, Ministry of Petroleum and Natural Gas, Shastri Bhawan, New Delhi, for information and action as deemed fit.
Sd/-
( M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
( K.L. Das) Deputy Registrar Address of parties :-
1. The Deputy General Manager(Lubes) & AA, IOCL, A.P. State office, 3-6-436 to 438, 3rd Floor Naspur House, Himayatnagar, Hyderabad-500029.
2. Shri T. Raja Kumar, Plot No. 73, Dr. No. 5-31, Indira Nagar Colony, Srikakulam-532001.
3. Shri M. Nene, Director, Marketing, IOCL, Marketing Division, Indian Oil Bhawan, G-9, Ali Yavar Jung Marg, Bandra(East), Mumbai-400051.
4. Shri K.K. Gupta, Director(Marketing), Bharat Petroleum, Bharat Bhawan-I, 2nd Floor, 4 & 6 - Currimbhay Road, Ballard Estate, Mumbai-400001.
5. Mrs. Nishi Vasudeva, Director(Marketing), HPCL, Hindustan Bhawan, 8, S.V. Marg, Mumbai-400001.
6. The Secretary, Ministry of Petroleum and Natural Gas, Shastri Bhawan, New Delhi.