Central Information Commission
Samir Sardana vs Indian Oil Corporation Limited (Iocl) on 23 October, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/HPCLD/A/2023/602388/IOCLD.
Shri SAMIR SARDANA. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Indian Oil Corporation Limited.
Date of Hearing : 16.10.2024
Date of Decision : 21.10.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 02.11.2022
PIO replied on : 30.11.2022
First Appeal filed on : 07.12.2022
First Appellate Order on : NA
2 Appeal/complaint received on
nd : 16.01.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 02.11.2022 seeking information on following points:-
"BULK EXPLOSIVES • PIO to state the value of BULK EXPLOSIVES SOLD BY IOC,IN THE LAST 3 YEARS (YEAR BY YEAR) • PIO to state the value of BULK EXPLOSIVES SOLD BY IOC,IN THE LAST 3 YEARS (YEAR BY YEAR),TO THE PRIVATE SECTOR MINERS • PIO to state the value of BULK EXPLOSIVES SOLD BY IOC,IN THE LAST 3 YEARS (YEAR BY YEAR),TO THE PRIVATE SECTOR NON-MINERS (id.est. traders) 12 • PIO to state the value of BULK EXPLOSIVES SOLD BY IOC,IN THE LAST 3 YEARS (YEAR BY YEAR),to COAL INDIA LIMITED • PIO to state the value of BULK EXPLOSIVES SOLD BY IOC,IN THE LAST 3 YEARS (YEAR BY YEAR),to BORDER ROADS ORGANISATION/BRDB • PIO to state the value of BULK EXPLOSIVES SOLD BY IOC,IN THE LAST 3 YEARS (YEAR BY YEAR),to URANIUM CORPORATION OF INDIA LTD • PIO to state the quanity and value of BULK EXPLOSIVES SOLD BY IOC,IN THE LAST 3 YEARS (YEAR BY YEAR) - BESIDES AMMONIUM NITRATE (STATING THE • NAME OF THE EXPLOSIVE AND ITS CO-TERMINUS VALUE) • PIO to state the value of BULK EXPLOSIVES PRODUCED BY IOC,IN THE LAST 10 YEARS (YEAR BY YEAR) - BY QUANTITY,WHICH WAS LOST IN TRANSIT OR • STOLEN • PIO TO CONFIRM THAT IOCL HAS,IN EACH CASE,SOLD BULK EXPLOSIVES,WITH DETONATORS • Page 1 of 3 PIO TO STATE THE LOCATIONS,WHERE IOCL MANUFACTURES,THE BULK EXPLOSIVES • PIO TO STATE THE QUANTITY OF EXPLOSIVE MANUFACTURED (GIVING NAME AND CO-TERMINUS QUANTITY),AT EACH LOCATIONS,WHERE IOCL MANUFACTURES,THE BULK EXPLOSIVES, IN THE LAST 3 YEARS Etc."
The CPIO, CGM (Talent Acq.) vide letter dated 30.11.2022 replied as under:-
"Reply: In this regard, we would like to state that the informations regarding operations and performance of IOCL can be retrieved from Annual Reports of the corporation from our official web site on following link https://lock.com/pages/financial-performance-overview Other information sought is of commercial confidence of the corporation and hence cannot be provided under section 8(1) (d) of the RTI Act 2005."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 07.12.2022 which was not adjudicated by the FAA. Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Absent Respondent: Shri Prakash Abraham, CPIO & Shri Vishal ,APIO The Appellant remained absent for the hearing despite receiving a prior notice for the hearing by the Commission.
The CPIO submitted that a point wise reply has been furnished to the Appellant vide letter dated 30.11.2022 and only that part of information is not disclosed which is exempted from disclosure under section 8(1)(d) RTI Act,2005.
Further, the CPIO also referred to the written statement dated 10.10.2024 wherein it was stated that most of the operations and performance details which are not of the nature of commercial confidence are covered in Annual Report of the Corporation and are hosted on its website. The in-depth details sought by the applicant with no. of tanks, contracts entered for imports/exports, pricing formulas and basis, Statutory Audits and its reports, details of stocks, explosives, oil block etc owned by IOC and similar information sought are all of commercial confidence nature revealing which would expose IOCL operational strategies/ details to competitors and also weaken the competitive position of the Corporation. Further details like dealing with Indian Air Force, Naval Stations, Border Roads Organization, National Strategic petroleum reserve etc requested by the applicant would not only harm the business interest of the Corporation but would also pose a threat to national security.
Decision:
Upon the perusal of the case records and the submissions of the CPIO, the Commission finds that an appropriate reply has been furnished to the Appellant. The Commission directs the CPIO to send a copy of the written Page 2 of 3 submission dated 10.10.2024 to the Appellant within 10 days from the date of receipt of this order and to send a compliance report of this order within 01 week thereafter to the Commission.
In the light of above facts, the Commission does not find any merits for the intervention. Thus the Appeal stands disposed off.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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