Central Information Commission
Gaurav Kumar Gupta vs Indian Oil Corporation Limited (Iocl) on 13 July, 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
ि तीयअपीलसं या/Second Appeal No.CIC/IOCLD/A/2020/693782
Mr. Gaurav Kumar Gupta ... अपीलकता /Appellant
VERSUS
बनाम
CPIO ... ितवादी/Respondent
Indian Oil Corporation Limited
Marketing Division; U.P.,
State Office- II, E-8,
Sector-1, Noida, UP-201301
Relevant dates emerging from the appeal:-
RTI : 14-10-2020 FA : 30-10-2020 SA : 26-11-2020
CPIO : 28-10-2020 FAO : 24-11-2020 Hearing: 07-07-2022
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO) Indian Oil Corporation Limited, Noida. The appellant seeking information is as under:-
2. The CPIO vide letter dated 28-10-2020has refused to provide the information sought to the appellant on the ground that it is exempted as per sec. 8 (1) (d) of RTI Act. Being dissatisfied with the same, the appellant has filed first appeal dated 30-10-2020 and requested that the information should be provided to him. The FAA vide order dated 24-11-2020upheld CPIOs reply and Page 1 of 3 dismissed 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 attended the hearing through video-conferencing. The respondent, Shri Vijay Prakash, Representative of CPIO/Chief Manager (IB) attended the hearing in person.
4. The respondent submitted their written submissions dated 28.06.2022 and the same has been taken on record.
5. The appellant submitted that the desired information has wrongly been denied to him by the respondent on his RTI application dated 14.10.2020.He further submitted that he is seeking such information in larger public interest and the same should be furnished by the respondent.
6. The respondent submitted that vide their letter dated 28.10.2020, they have informed the appellant that the requested information cannot be provided to him being exempted under section 8 (1) (d) of RTI Act, 2005. The disclosure of such information would affect the commercial interest of third party.
Decision:
7. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that the appellant has sought information regarding demand requisition made by the PWD, Badaun in favor of IOCL for supply of Bitumen and other queries related thereto. The appellant has contended that the respondent has wrongly invoked the provisions of the RTI Act while denying information to the appellant which amounts to deemed refusal of information. The respondent has contended that since the appellant is seeking commercial and sensitive information, the disclosure of which would harm the competitive position of third party, therefore they have denied the requested information under relevant provisions of the RTI Act, 2005. The Commission observes that the concerned agency has used bitumen for constructing said road which has been indented and procured from IOCL, whereas it's a matter of dispute under investigation. However, the appellant has asked quantity of bitumen indented by the said agency taken from IOCL for construction of public road. He has also asked copy of Bills and Invoices which Page 2 of 3 has bearing on commercial interest of third party. The Commission observes that quantity of bitumen issued should be disclosed in larger public interest during the said time period (as mentioned in RTI Application) whereas details of Bills and Invoices which may contains third party personal information and commercial interest of third party need not to be disclosed to the appellant.
8. In view of the above, the Commission directs the respondent to provide a revised reply vide which details of bitumen issued to the concerned agency by IOCL during the period mentioned in RTI Application may be disclosed in larger public interest to the appellant within 15 days from the date of receipt of this order.
9. With the above observations, the appeal is disposed of.
10. Copy of the decision be provided free of cost to the parties.
नीरजकु मारगु ा) Neeraj Kumar Gupta (नीरजकु ा सूचनाआयु ) Information Commissioner (सू दनांक / Date : 11-07-2022 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 Indian Oil Corporation Limited Marketing Division; U.P., State Office- II, E-8, Sector-1, Noida, UP-201301
2. Mr. Gaurav Kumar Gupta Page 3 of 3