Central Information Commission
Nand Bali Ishwar vs Bharat Petroleum Corporation Limited ... on 9 January, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/BPCLD/A/2022/158805
Shri Nand Bali Ishwar ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
BPCL
Date of Hearing : 09.01.2024
Date of Decision : 09.01.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 26.06.2022
PIO replied on : 26.07.2022
First Appeal filed on : 22.08.2022
First Appellate Order on : 12.09.2022
2 Appeal/complaint received on
nd : 15.12.2022
Information soughtand background of the case:
The Appellant filed an RTI application dated 26.06.2022 seeking all documents submitted for initial formalities for allotment of BPCI Retail Outlet (Kissan Pump) Sudha Petroleum located on Gramin Road, near NH-322, Vill- Harprasad, Bishunpur Khem, Thana- Jandaha, Dist - Vaishali (Bihar) Etc. Request to provide all documents through RTI submitted during initial formalities for allotment of BPCI Retail Outlet (kissan Pump) Sudha Petroleum located on Gramin Road, near NH-32?, Vill- Harprasad, Eishunpur Khem, Thana- Jandaha, Dist - Vaishali by BPCL (Biharl.For your Kind information Sudha Petroleum is Located on combined Parental Land Plots bearing Khata no.- 10, Khesara no.- 113 and Khata no.- 18, Khe$ra no.- 116, Mauja. Chakmalki, Thana - landaha, Disr - Vaishali, Bihar. Family of Father Late Ram Udgar lshwar consists of seven Sons and One Daughter namely 1) Late Ram Bilash tshwar (expired issuless),21 Late Ram xripal lshwar,3) Late Triyug Narain lshwar,4l Late Ram Baran lshwar,5) Ram Chandra lshwar,6l Ram Bali lshwar, 7) Nand Bali lshwar,8) Shiv Jyoti Devi, So lar as NOC against individual share as initial formalities for setting up Retail Outlet {BPCL) is concerned, neither Family members were consulted nor they gave their consent to offer their Land Shares in favour of allotment of Sudha Petroleum. Rather False or Fake consent documents against individual land share were supposed to be probably submitted on their behalf for land proposal to BPCL retail outlet Page 1 of 6 Sudha Petroleum at Harprasad, Bilhunpur (hem, Thana- Jendaha, Dist- Vaishali, Bihar. This is not acceptable by family Members to provide their land share without their consent and malaffde intention by so called owner of sudha Petroleum, Ram Bali Ishwar, Father Late Ram Udtar lshwar Since 2010 onwards Ram Bali Ishwar has captured forcibly and illegally combined Parental two land plots Khata - 10, Khesara - 113 (area 20 Decimil) and xhata- 18, (hesara- l16 (area 34 Decimil) Mau.ia-
Chakmilki, Thana. Jandaha, Dist- Vaishali, Bihar roll his Petrol Pump Sudha Petroleum {BPCL} situated on above mentioned Land Plots. It is understood that no any company is supposed to grab land property without consent of any land shareholder. So NOC submitted by Ram Bali lshwar, Father Late Ram Udgar lshwai Vill- Harprasad, Thana- landaha, Dist-Vaishali, Bihar lor respective land plots during initial formalities for allotment of Retail Outlet Sudha Petroleum, BPCl, Harprasad, Bishunpur Khem may please be provided to its authentication and all documents may also be provided for Legal procedure to be followed to get back land shares of Family members by challenging the illegal procedures followed by both Owner and Oil company IBPCL) as well for allotment of Sudha Petroleum, Harprasad, Bishunpur Khem, Thana- landaha, Dist- Vaishali, Bihar located on Gramin sadak near NH-322.
The CPIO (Retail) Bihar State, BPCL vide letter dated 26.07.2022 replied as under:-
"The information sought by you pertains to third party personal information, the disclosure of which has no relationship to any public activity or interest, hence denied under section 8(1)(j) of the Right to information Act 2005. However, if you are one of the applicants for the said location, you may inspect the relevant records (except financial details, PAN No., property details pertaining to third party) in respect of selection process of Dealership."
Dissatisfied with the response received from the CPIO, The Appellant filed a First Appeal dated 22.08.2022. The FAA/Head (Retail), East, BPCL vide order dated 12.09.2022 stated as under:-
"It is observed from the Appeal / RTI application that the applicant is having grievance. RTI provisions are not meant for Grievance resolution. Appellant is directed to meet Territory Manager Muzzafarpur for resolving the Grievance. CPIO (Retail), Bihar & Jharkhand is directed facilitate the meeting between Appellant and Territory Manager at mutual agreed time. A compliance report is to be sent by CPIO on the above. View above, this-appeal is disposed off."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Page 2 of 6Written submission has been received from CPIO, BPCL, Bihar and Jharkhand vide letter dated 02.01.2024. The relevant extract whereof is as under:
1. The RTI BPCLD/R/E/22/00559 dated 26.06.2022 by Shri Nand Bali Ishwar was addressed to BPCL CPIO, office at 3rd Floor Ashiana chamber, Exhibition road Patna-800001 (Copy enclosed as Annexure- I).
2. The RTI in reference was to get all the documents submitted during initial formalities for allotment of BPCL Retail outlet M/s. Sudha Petroleum on Gramin Road near NH-322, Village- Harprasad, Bishnupur Khem, Thana-Jandaha, Dist- Vaishali, from the BPCL CPIO Bihar & Jharkhand.
3. Vide letter reference no- BPCLD/R/E/22/00559 dated 26.07.2022 reply was sent to Shri Nand Bali Ishwar by BPCL CPIO Bihar & Jharkhand where in details sought by RTI applicant was denied under section- 8, (1), J of the RTI Act-2005 and the RTI applicant was advised to inspect the said documents in BPCL office if he was one of the applicant for the allotted location as mentioned in Para- (Copy of the reply enclosed as Annexure-II)
4. Not satisfied with the reply from BPCL CPIO Bihar & Jharkhand, the applicant made an appeal to First Appellate Authority (FAA) of BPCL i.e Head Retail East of BPCL 5. After assessing the RTI application,
i) The first appellate authority (FAA) disposed of the RTI vide Order dated 12.09.2022 considering it to be a grievance. The FAA directed the RTI applicant to meet the Territory Manager (Retail) Muzaffarpur for resolving the grievance. (Copy of reply from FAA enclosed as Annexure-
III). 6. Not satisfied with the reply of FAA BPCL, the applicant made a second appeal vide letter dated 15.12.2022 to the CIC, Baba Ganga Nath Marg, Munirka, New Delhi-110067 for which CPIΟ (Retail) Bihar & Jharkhand is now in receipt of the CIC communication on File no- CIC/BPCLD/A/2022/158805 Dated. 22.12.2023 (Hard copy of CIC Communication still not received at BPCL CPIO office, 3rd Floor Ashiana chamber, Exhibition Road, Patna. PIN-800001). Final submission by the BPCL CPIO, Bihar & Jharkhand
1. That the RTI in reference was to get all the documents submitted during initial formalities for allotment of BPCL Retail outlet M/s. Sudha Petroleum on Gramin Road near NH-322, Village-Harprasad, Bishnupur Khem, Thana-Jandaha, Dist-Vaishali, Bihar.
2. Since the RTI applicant had sought the total documents submitted by the dealer Shri Ram Bali Ishwar during initial formalities for allotment of Retail outlet, it was denied under section- 8.(1).) of the Right to Information Act-2005, because, personal information can not be shared with third party, disclosure of which has no relation to any public activity or interest.
Moreover, the FAA has already upheld the decision taken by BPCL CPIO Bihar & Jharkhand considering the RTI query to be grievance in nature and advised the applicant to meet Territory Manager (Retail) Muzaffarpur for redressal of the grievance. However, the RTI applicant Page 3 of 6 preferred to write to MOP&NG vide letter dated 30.09.2022 to get the Retail outlet selection related documents. (Copy of the letter attached as Annexure-IV).
3. Vide letter dated 15.10.2022, Territory Manager (Retail) Muzaffarpur requested the RTI applicant to meet him on 05.11.2022 to address the issues (Copy of the letter attached as Annexure-V). Shri Nand Bali Ishwar met the Territory Manager (Retail) Muzaffarpur on the same date and detailed deliberation was done on the issues raised by Shri Nand Bali Ishwar in his RTI application.
4. In the meantime the RTI applicant Shri Nand Bali Ishwar had approached Honorable Patna High court and vide Order dated 03.01.2023 the Honorable Patna High court has disposed of the case directing Territory Manager (Retail) Muzaffarpur to address the grievance of the RTI applicant expeditiously. (Copy of the Court Order attached as Annexure-VI).
5. On the basis of Honorable Patna High court's order and representation received from Shri Nand Bali Ishwar, Territory Manager (Retail) Muzaffarpur has already started to re-examine/ verify the facts. Since the Retail outlet in question M/s. Sudha Petroleum is a quite old case, selection process for which was done in 2010-11, it is becoming time consuming process. 6. Moreover, since the said Retail outlet was initially under the jurisdiction of Patna Retail territory, later on got shifted to Muzaffarpur territory's jurisdiction in 2014-15, it will take some more time to verify the entire documents/ facts before addressing the grievance appropriately. In this respect, Territory Manager (Retail) Muzaffarpur has already sent request letter to the RTI applicant vide letter dated 19.09.2023 for time extension. (Copy of letter attached as Annexure- VII).
In view of the above, prima facie, the RTI query is of grievance in nature and being addressed appropriately by Territory Manager (Retail) Muzaffarpur, Honorable Chief Information Commission is requested to kindly dispose-off the above referred appeal in favorable manner.
Written submission dated Nil has been received from the Appellant. The relevant extract whereof is as under :
Submission of Processes followed in chronological order regarding exclusive landownership of owner Sudha Petroleum before its allotment as per norms (BPCL Brochure of Oil Retail Outlet) normally followed:-
To enquire about status of my NOC submission by Applicant of Sudha Petroleum located on still Joint Family Parental (khatiani) land plot Khata No.-18, Khesara No.116, Mauja Chakmilks, Thana- Jandaha, Dist- Varshali, Bihar and exclusive landownership right of Applicant before allotment (2010-2011) of Sudha Petroleum, BPCL Retail Rural Outlet Page 4 of 6 norms. Following sequences of process of RTI request was followed:
1. Online RTI request vide RTI Request Registration No.- BPCLD/R/E/22/00559.
2. E-mail (Dated-19.06.2022) (Total Seven BPCL higher Authorities) to higher BPCL Authorities right from TM (Retail) BPCI, Muzaffarpur to CMD, BPCL
3. Appeal through E-mail dated 19.08.2022 to Appellate Authority, BPCL, Head (Retail), East Kolkata (Dispatch by post followed).
4. For Legal Action, Case filed in Hon'ble High Court, Patna vide Case No. CWIC No. 16051/2022 for cancellation of license of Sudha Petroleum.
5. As directed by Appellate Authority, BPCL Kolkata and against decision of Appellate Authority, Kolkata (Appeal Registration No.- BPCLD/A/E/22/00230, dated 12.09.2022) second Appeal for RTI, Application No.-BPCLD/R/E/22/00559 dated 26.06.2022 to Central Information Commission was submitted.
6. Representation alongwith Hon'ble High Court, Patna decision and its direction dated 03.01.2023 was submitted to TM (Retail), BPCL, Muzaffarpur on 03.03.2023 to follow guidelines and action within stipulated time of Three Months as per Hon'ble High Court Patna order. But so far No Action by TM (Retail), BPCL, Muzaffarpur.
Facts emerging in Course of Hearing:
The following were present:
Appellant: Present Respondent No. 1 : Mr. Uday Narayana, DGM(Retail - Bihar State), BPCL Respondent No.2 : Absent The Appellant reiterated the averments made in his written submission and stated that he had sought documents submitted by Applicant of Sudha Petroleum located on still Joint Family Parental (khatiani) land plot, during initial formalities for allotment of Retail outlet regarding exclusive landownership of land before allotment (2010-2011) of Sudha Petroleum, BPCL Retail Rural Outlet norms. He stated that he had even filed a case before Hon'ble Patna High Court relating to that and the court vide order dated 03.01.2023 had directed Respondent to decide his representation expeditiously. He stated that the matter has not been resolved yet and the requisite information has not been furnished to him till date.
PIO, DGM(Retail - Bihar State BPCL, stated that the Appellant has sought all documents submitted by dealer Shri Ram Bali Ishwar during initial formalities for allotment of Retail outlet, it was denied under section- 8(1)(j) of the Right to Information Act-2005, because, personal information can not be shared with third party, disclosure of which has no relation to any public activity or interest. Furthermore, no document as such to prove the ownership on the land has been Page 5 of 6 furnished by the Appellant in this regard. The PIO submitted that on the basis of order of Hon'ble Patna High Court and representation received from Shri Nand Bali Ishwar, Territory Manager (Retail) Muzaffarpur has already started to re- examine and verify the facts. Since the Retail outlet in question M/s. Sudha Petroleum is a quite old case, selection process for which was done in 2010-11, it is becoming time consuming process. Furthermore, since the said Retail outlet was initially under the jurisdiction of Patna Retail territory, later on got shifted to Muzaffarpur territory's jurisdiction in 2014-15, it will take some more time to verify the entire documents/ facts before addressing the grievance appropriately. In this respect, Territory Manager (Retail) Muzaffarpur has already sent request letter to the RTI applicant vide letter dated 19.09.2023 for time extension.
Decision:
Keeping in view the facts of the case and submission made by the parties the Commission observes that the Appellant has sought all the documents submitted by dealer of Retail outlet in question M/s. Sudha Petroleum during initial formalities for allotment of Retail outlet which has been denied under section- 8(1)(j) of the Right to Information Act-2005. Commission further notes as submitted by PIO, DGM, Retail -Bihar State, the Territory Manager (Retail) Muzaffarpur has already started to re-examine the matter and since it's an old case of the year 2010 it will take some more time to verify the entire documents/ facts before addressing the grievance of the Appellant appropriately. In the given circumstances the Commission is of the considered opinion that aforementioned case arise out of the Appellant's grievance or quest for dispute resolution which cannot be adjudicated within the framework of the RTI Act. Thus, no further intervention of Commission is warranted in this case.
Appeal is disposed of accordingly .
Heeralal Samariya (हीरालालसामररया) 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 6 of 6