Central Information Commission
Samir Sardana vs Bharat Petroleum Corporation Limited ... on 17 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/BPCLD/A/2023/601595
Shri SAMIR SARDANA ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Bharat Petroleum Corporation Limited (BPCL)
Date of Hearing : 11.10.2024
Date of Decision : 14.10.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 19.10.2022
PIO replied on : 17.11.2022
First Appeal filed on : 25.11.2022
First Appellate Order on : - -
2 Appeal/complaint received on
nd : 10.01.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 19.10.2022 seeking information on following points:-
OCEAN LOSS • PIO TO STATE THE AGGREGATE OCEAN LOSS TO BPCL,IN FY 21 AND FY 22, IN TERMS OF VALUE AND QUANITY, W.R.T. THE CRUDE OIL IMPORTED BY BPCL Audit PIO to state if any security audit was done of BPCL operations in India, at any time in the last 10 years, as under • Year of audit, scope of audit, name of auditor • PIO to state if any CAG audit was done of BPCL operations in India, at any time in the last 4 years, as under • Year of audit, scope of audit, type of audit (compliance/performance/special), whether audit report is online • PIO to state if any CAG audit was done of BPCL operations in India, at any time in the last 10 year, w.r.t. the following, as under • OIL hedging strategy - PROVIDE YEAR OF AUDIT, NAME OF AUDITOR AND SCOPE OF AUDIT • Appraisal of START UP ENTREPRENEURSHIP PROGRAM OF BPCL-PROVIDE YEAR OF AUDIT, NAME OF AUDITOR AND SCOPE OF AUDIT • Crude Oil imports PRICING FORMULA AND BASIS - PROVIDE YEAR OF AUDIT, NAME OF AUDITOR AND SCOPE OF AUDIT Page 1 • BOOKING AND MANAGEMENT OF TIME AND VOYAGE CHARTERS ON TANKERS USED FOR CRUDE OIL IMPORTS - PROVIDE YEAR OF AUDIT, NAME OF AUDITOR AND SCOPE OF AUDIT • FINISHED PRODUCTS PRICING FORMULA AND BASIS FOR EXPORTS - PROVIDE YEAR OF AUDIT, NAME OF AUDITOR AND SCOPE OF AUDIT • INTEGRATED OIL HEDGING STRATEGIES WITH OTHER OIL PSUS AND BENCHMARKING OIL HEDGING STRATEGIES WITH OTHER OIL PSUS - PROVIDE YEAR OF AUDIT, NAME OF AUDITOR AND SCOPE OF AUDIT • BENCHMARKING Crude Oil imports PRICING FORMULA AND BASIS, WITH OTHER OIL PSUS- PROVIDE YEAR OF AUDIT, NAME OF AUDITOR AND SCOPE OF AUDIT Consultants used • PIO to state if any CONSULTANT WAS USED W.R.T. BPCL operations in India, at any time in the last 10 year,w.r.t. the following, as under • OIL hedging strategy - PROVIDE YEAR OF CONSULTING PROJECT, NAME OF AUDITOR AND SCOPE OF WORK • Appraisal of START UP ENTREPRENEURSHIP PROGRAM OF BPCL - PROVIDE YEAR OF CONSULTING PROJECT, NAME OF AUDITOR AND SCOPE OF WORK • Crude Oil imports PRICING FORMULA AND BASIS - PROVIDE YEAR OF CONSULTING PROJECT, NAME OF AUDITOR AND SCOPE OF WORK • BOOKING AND MANAGEMENT OF TIME AND VOYAGE CHARTERS ON TANKERS USED FOR CRUDE OIL IMPORTS - PROVIDE YEAR OF CONSULTING PROJECT, NAME OF AUDITOR AND SCOPE OF WORK • FINISHED PRODUCTS PRICING FORMULA AND BASIS FOR EXPORTS - PROVIDE YEAR OF CONSULTING PROJECT, NAME OF AUDITOR AND SCOPE OF WORK • INTEGRATED OIL HEDGING STRATEGIES WITH OTHER OIL PSUS AND BENCHMARKING OIL HEDGING STRATEGIES WITH OTHER OIL PSUs - PROVIDE YEAR OF CONSULTING PROJECT, NAME OF AUDITOR AND SCOPE OF WORK • BENCHMARKING Crude Oil imports PRICING FORMULA AND BASIS, WITH OTHER OIL PSUS- PROVIDE YEAR OF CONSULTING PROJECT, NAME OF AUDITOR AND SCOPE OF WORK Annual Reports • And other related information."
The CPIO, Bharat Petroleum Corporation Limited (BPCL), Mumbai vide letter dated 17.11.2022 replied as under:-
Page 2 Ocean loss Ocean loss to BPCL was around 0.2% in the FY21 and FY22.
Audit Compliance audit of International Trade department of BPCL, was conducted by CAG Team for the periods FY 2019 to 2022. Scope of the audit has been shared as Annexure-1. Further details sought cannot be provided as per clause8.1 (d) of the Right to Information Act, 2005 as these are of commercial confidence.
Consultants used Consultant was used to review commodity risk management policy in 2019. Further details sought cannot be provided as per clause8.1 (d) of the Right to Information Act, 2005 as these are of commercial confidence.
Annual Reports Etc."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 25.11.2022 which was not adjudicated by the FAA as per available records.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing: The brief background of the case is that Appellant filed RTI for seeking information related to Ocean loss, security audit done of BPCL operations in India, security audit done of BPCL operations in India.
The respondent disclosed information which was not exempted under RTI Act,2005 and the remaining information was denied to the Appellant on the grounds of section 8(1(d) of RTI Act,2005.
Appellant: None for the Appellant Respondent: Shri Swapnil Mahajan, Chief Manager, International Trade &CPIO The Appellant remained absent during the hearing even after the service of prior notice of hearing by the Commission. Hence, the opportunity of the Appellant to present his case is closed on the ground of non- appearance.
The CPIO submitted that the information sought by the Appellant was furnished to him vide letter dated 17 November, 2022. However, certain information sought by the Appellant is exempted from disclosure under Section 8(1)(d) i.e. matter of commercial confidence.
The CPIO further, drew attention of the Commission towards+ that contents of the written submission dated 04 Oct 2024 and the annexures along with it uploaded on the link provided by the Commission.
Decision:
Page 3 Upon the perusal of the case records, oral submissions of the CPIO and the contents of the written submission dated 04 Oct 2024, the Commission is of the view that CPIO has furnished the correct and accurate reply to the Appellant. Further, the exemption sought by the CPIO under Section 8(1)(d) is also justified and appropriate . However, the Commission directs the CPIO to send copy of the written submissions dated 04.oct 2024 to the Appellant within 10 days from the date of receipt of this order and to further send a compliance report of this order to the Commission within 01 week thereafter.
The Commission does not find any merits for the further 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 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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