Samir Sardana vs Mangalore Refinery And Petrochemicals ... on 17 December, 2024

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Central Information Commission

Samir Sardana vs Mangalore Refinery And Petrochemicals ... on 17 December, 2024

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/MRPLT/A/2022/665511

Shri Samir Sardana                                                   ... अपीलकताग/Appellant
                                    VERSUS/बनाम

PIO, Mangalore     Refinery   and    Petrochemicals             ...प्रनतवािीगण /Respondent
Limited (MRPL)

Date of Hearing                           :     13.12.2024
Date of Decision                          :     13.12.2024
Chief Information Commissioner            :     Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :              15.09.2022
PIO replied on                    :              13.10.2022
First Appeal filed on             :              19.10.2022
First Appellate Order on          :               - -
2 Appeal/complaint received on
 nd                               :              07.12.2022

Information sought

and background of the case:

The Appellant filed an RTI application dated 15.09.2022 seeking information on following points, which was responded by CPIO, Mangalore Refinery and Petrochemicals Limited (MRPL) vide letter dated 13.10.2023:-

Details of information sought Our reply Sales to Holding Company • PIO TO STATE THE MRPL is supplying following products to NATURE,QUANTITY AND VALUE OF ONGC (Holding Company) PRODUCTS SOLD BY MRPL,TO ITS 1) HFHSD:Qty: 128.3 TMT; value in INR HOLDING COMPANY IN FY 2022 1107.14 Crores.

2) HSD:Qty: 98.4 MT; value in INR 1.10 Crores.

• PIO TO STATE THE PRICING HFHSD: Supplied under International FORMULA,OR BASIS USED,FOR THE Competitive bidding tender (ICB) floated by SALE OF PRODUCTS,BY MRPL,TO ONGC.

      ITS HOLDING COMPANY,IN MARCH            HSD: Supplied under tender floated by
      2021 AND MARCH 2022                     ONGC.

Pricing formula cannot be disclosed as the information requested is relating to commercial confidence/trade secrets, hence is exempted from disclosure u/s 8(1)(d) of RTI Act.

Page 1 of 3

Section 8(1)(d) is reproduced below:

"Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such Information;"

Specific Crude Imports The Quantity of following crude for FY 2022 • PIO to state the quantity and value, is tabulated below:-

of the following crude types imported SI. No. Crude Qty and/or used in FY 2022 Name o Tupi Crude, Amna Crude, Egina 1. Tpi 0.137 MMT Crude, Basrah Medium Crude, 2. Amma 0.083 MMT Baobab Crude.

3. Egina 0.141 MMT

4. Basrah 0.711 MMT Medium

5. Baobab 0.145MMT The information sought on value is confidential in nature and fall within the scope of Section 8(1)(d) of the RTI Act under "Commercial Confidence" and exempted from disclosure.

• PIO to state the consignor and load port, of the following crude types SI. No. Crude Company imported and/or used in FY 2022 Name o Tupi Crude, Amna Crude, Egina 1 Tpi STIL Crude, Basrah Medium Crude, 2 Amma Litasco Baobab Crude 3 Egina TOTSA 4 Basrah SOMO Medium 5 Baobab Vitol Imports And other related information."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 19.10.2022 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:

A written submission dated 03.12.2024 has been received from the Respondent reiterating the aforementioned contentions.

Hearing was scheduled after giving prior notice to both the parties. Appellant: Not present Respondent: Shri V Muralidharan - CPIO/GM(Security was present through video conference during hearing.

Page 2 of 3

The Respondent contended that information permissible under the RTI Act had been made available to the Appellant and placed reliance on the written submission dated 03.12.2024 mentioned hereinabove to substantiate his contentions. The Appellant has chosen not to attend the hearing, despite service of hearing notice in advance.

Decision:

Perusal of records of the case reveals that the information permissible under the RTI Act and available on record with the public authority, has been duly provided to the Appellant by the Respondent, in terms of the provisions of the RTI Act. The Respondent present during hearing is directed to send a copy of the written submission dated 03.12.2024 with annexure/s, to the Appellant, within two weeks of receipt of this order and submit a compliance report in this regard before the Commission within one week thereafter. Since the response of the PIO is found appropriate and well within the precincts of the RTI Act, no further intervention is warranted in this case, under the RTI Act.

The appeal is disposed off accordingly.

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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