Central Information Commission
Kumar Abhishek vs Hindustan Petroleum Corporation ... on 31 May, 2022
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली New Delhi - 110067
नई द ली,
ि तीयअपीलसं या/Second
Second Appeal No. CIC/HPCLD/A/2020/687124
Mr. Kumar Abhishek ... अपीलकता
अपीलकता /Appellant
VERSUS
बनाम
CPIO ितवादी/Respondent
... ितवादी
Hindustan Petroleum Corporation Limited
17 Jamshedji Tata Road, PB NO. 11041
Mumbai-400020
Relevant dates emerging from the appeal:
appeal:-
RTI : 23-05-2020 FA : 21-06-2020 SA : 28-09-2020
28
CPIO : 18-06-2020 FAO : 18-07-2020 Hearing: 27
7-05-2022
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO) Hindustan Petroleum Corporation Limited, Mumbai. The appellant seeking information is as under:-
2. The CPIO vide letter dated 18-06-2020 2020 had denied the information as sought by the appellant under section 8(1) (d) of RTI Act, 2005. 2005 Being dissatisfied with the same, the appellant has file filed first appeal dated 21-06-2020 Page 1 of 3 and requested that the information should be provided to him. The FAA vide order dated 18-07-2020 upheld CPIOs reply and disposed the appeal. He has filed a second appeal before the Commission on the ground that information sought has not been provided to him and requested to direct the respondent to provide complete and correct information.
Hearing:
3. The appellant did not attend the hearing despite notice. The respondent, Shri Natarajan, CPIO/ DGM attended the hearing through video-conferencing.
4. Both the parties submitted their written submissions and the same has been taken on record.
5. The respondent submitted that vide their letter dated 18.06.2020; they have informed the appellant that "HPCL administers Computer Based Test through an external agency. The Question Paper & Answer Sheet is the intellectual property of that agency which cannot be share. Hence, the same is denied under Section 8 (1) (d) of the RTI Act, 2005."
Decision:
6. The Commission, after hearing the submissions of the respondent and after perusal of records, observes that the appellant has sought copy of his CBT- 2019 answer sheet w.r.t his application number 201929001169. The respondent has contended that the administration of CBT-2019 including venue arrangements, setting of CBT-2019 Question Papers and subsequent evaluation of Response (Answer) Sheets of candidates etc. were done by the Third Party. After completion of CBT-2019 & evaluation of Response sheets, the examination related data viz. Question Papers & Response Sheets of the candidates who had appeared for CBT-2019 were not handed over to HPCL by the Third Party for the reason of maintaining confidentiality of their Question Data Bank. Therefore, they have denied the desired information to the appellant under Section 8 (1) (d) of RTI Act, 2005.
7. In light of the above observations, the Commission is of the opinion that if the requested information is not in the custody of the respondent public authority, an appropriate affidavit enumerating the factum that the information Page 2 of 3 sought is not in their custody should be provided to the appellant with a copy marked to the Commission. Otherwise, the Commission directs the respondent to obtain the requested information from the Third Party and provide the same to the appellant within 15 days from the date of receipt of this order.
8. With the above observations, the appeal is disposed of.
9. Copy of the decision be provided free of cost to the parties.
नीरजकु मारगु ा)
Neeraj Kumar Gupta (नीरजकु ा
सूचनाआयु )
Information Commissioner (सू
दनांक / Date : 27-05-2022
Authenticated true copy
(अिभ मािणतस यािपत ित)
S. C. Sharma (एस. सी. शमा ),
Dy. Registrar (उप-पंजीयक),
(011-26105682)
Addresses of the parties:
1. CPIO
Hindustan Petroleum Corporation Limited
17 Jamshedji Tata Road, PB NO. 11041
Mumbai-400020
2. Mr. Kumar Abhishek
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