Central Information Commission
Rajesh Kumar vs Petroleum And Explosives Safety ... on 2 January, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/PAESO/A/2023/646099
Rajesh Kumar .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Petroleum and Explosives
Safety Organization, A Block,
5th Floor, CGO Complex, Seminary Hills,
Nagpur - 440006 .... ितवादीगण /Respondent
Date of Hearing : 24.12.2024
Date of Decision : 30.12.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 05.07.2023
CPIO replied on : Not on record
First appeal filed on : 05.08.2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 23.09.2023
Information sought:
The Appellant filed an RTI application dated 05.07.2023 (online) seeking the following information:
"(1)Complete details of granting of Explosive license to M/s GOPAL AUTO SERVICES, Tanakpur Road Pilibhit(UP),a retail outlet of Indian Oil Corporation Ltd along with copy thereof.Page 1 of 5
(2) Complete copies of all records relating thereto. (3) Copies of all NOCs granted by other Departments."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 05.08.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video-conference. Respondent: Shri Prashant Yadav, Dy. Controller of Explosives/CPIO present through video-conference.
Upon being queried by the Commission regarding status of reply, the Respondent stated that instant RTI application has been disposed of through online RTI portal on 22.02.2024 by informing as under:
"(1) Complete details of granting of Explosive licence to M/s GOPAL AUTO SERVICES, Tanakpur Road Pilibhit(UP) ,a retail outlet of Indian Oil Corporation Ltd along with copy thereof.
Please refer to The Explosive Rules, 2008.
(2) Complete copies of all records relating thereto.
With reference to your RTI application cited under reference above, it is informed that information sought by you is required third party consent and same may be provided you after getting no objection from third party who is license holder.
(3) Copies of all NOCs granted by other Departments. With reference to your RTI application cited under reference above, it is informed that information sought by you is required third party consent and same may be provided you after getting no objection from third party who is license holder.
Due to some technical glitch we were not able to access online RTI application since past August 2023.
Page 2 of 5Now we are disposing all RTI application in chronological order."
Respondent further submitted that First Appeal was also disposed through online on 29.02.2024 by affirming the reply of the CPIO. He tendered his apology for not uploading the copy of CPIO's reply and FAA's order to facilitate assistance to the Commission during hearing.
To a query from the Commission, the appellant affirmed the receipt of averred reply through email, after receipt of hearing notice from the Commission. He further expressed his dissatisfaction to the fact that copy of affidavit/self- declaration filed by Indian Oil Corporation with the PAESO has not been given to him ignoring the fact that he is a joint-owner of the premise for which explosive license has been granted to M/s GOPAL AUTO SERVICES, Tanakpur Road Pilibhit (UP). He urged the Commission to direct the respondent to provide a copy of Affidavit/Self declaration of M/s GOPAL AUTO SERVICES, Tanakpur Road Pilibhit (UP) for grant of explosive license.
In response to the Appellant's contention, the respondent pleaded that information as is available has been furnished to the appellant. No additional information in the form of affidavit/self-declaration is available in their records.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the main premise of instant appeal was non-receipt of any reply from the CPIO. In response to which, the Respondent claimed that reply has already been given to the appellant vide online RTI portal on 22.02.2024 which was affirmed by the FAA on 29.02.2024. This fact was not denied by the appellant during the hearing. However, for the delay in reply, the respondent tendered his apology by stating that they were unable to access RTI application prior to the August, 2023 due to technical glitch.
The Commission is unhappy with the fact that no reply has ever been provided by the concerned Respondent at the relevant time to the Appellant. No cogent Page 3 of 5 explanation for such violation /delay has been tendered by the Respondent during the hearing in writing despite receipt of hearing notice in advance.
Further, the reasons accorded by the Respondent is rather irksome to note as it was incumbent upon the Public Authority to proactively maintain/access the RTI database and ensure that RTI Applications (online/offline) are dealt with in a time bound manner. Failure to dispose the RTI Application for the simple reason that it could not be disposed owing to technical glitch/ non-access to online RTI portal is reflective of the disregard for the RTI Act, the Respondent organization has. Thus, the Respondent is cautioned to exercise due diligence and follow the timeline mandates and ensure that RTI Application could not be left unanswered for unreasonable causes.
Now, considering the prayer of the Appellant, the Respondent is directed to file a written explanation to the Commission with a copy marked to the appellant, free of cost, detailing the reasons for no response within stipulated time frame as per the RTI Act along with the copy of reply and FAA's order furnished to the appellant. In addition, on production of ownership proof of the concerned premises by the appellant, the respondent is further directed to provide, within 4 weeks of receipt of ownership proof, a copy of affidavit/self- declaration form submitted by M/s. GOPAL AUTO SERVICES, Tanakpur Road Pilibhit (UP) with the application form for explosive license. In the event, the said document is not available, then an affidavit to this effect deposing categorically that affidavit/self-declaration form not available in the office record, be filed by the respondent on the link given at point No. 4 in the hearing notice of the Commission with a copy marked to the appellant.
The above-mentioned directions should be complied with by the Respondent within four weeks of the date of receipt of this order.
FAA to ensure compliance of the directions.Page 4 of 5
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Petroleum and Explosives Safety Organization, A Block, 5th Floor, CGO Complex, Seminary Hills, Nagpur - 440006 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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