Ravi Shankar vs Hindustan Petroleum Corporation ... on 9 September, 2021

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Central Information Commission

Ravi Shankar vs Hindustan Petroleum Corporation ... on 9 September, 2021

Bench: Neeraj Kumar Gupta

                               के   ीय सूचना आयोग
                         Central Information Commission
                           बाबा गंगनाथ माग,मुिनरका
                         Baba Gangnath Marg, Munirka
                         नई द ली, New Delhi - 110067

ि तीय अपील सं या/Second Appeal No. CIC/HPCLD/A/2020/661384

Mr. Ravi Shankar                                       ... अपीलकता/Appellant
                                    VERSUS
                                      बनाम
CPIO                                                   ... ितवादी /Respondent
Hindustan Petroleum Corporation
Limited, Panipat Retail R.O. E-22
Industrial Area, Court Road,
Panipat, Haryana-132103

Relevant dates emerging from the appeal:-

RTI : 31-10-2019            FA      : 04-12-2019        SA       : 22-01-2020

CPIO : Not on Record        FAO : Not on Record         Hearing : 07-09-2021

                                    ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO) Hindustan Petroleum Corporation Limited, Panipat, Haryana. The appellant seeking information is as under:-

i) "Please provide the certified copy of letter issued to HPCL, Marketing Retail sales division office, Panipat Retail RO, Panipat by O/o. worthy Dy. Commissioner, Jind vide letter no. 1406- 07/LPS dated 05-07-2017 along with all attached documents.

ii) Please provide the Certified Copy of Inquiry report/letter sent by HPCL Marketing Retail Sale Division Office, Panipat Ro, Panipat to the O/o worthy Dy. Commissioner, Jind in relation of letter no. 1406-07/LPS dated 05-07-2017.

iii) Please provide the name and address of your 1st appellate authority and 2nd appellate authority."

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2. As the CPIO had not provided the requested information. The appellant filed the first appeal dated 04-12-2019 requesting that the information should be provided to him. The first appeal had not been adjudicated as per available records. He has filed a second appeal u/Section 19(3) of the RTI Act before the Commission on the ground that information has not been provided to him and requested the Commission to direct the respondent to provide complete and correct information.

Hearing:

3. The appellant attended the hearing through audio-call. The respondent, Shri Amitabh Thakur, CPIO/ Chief Regional Manager attended the hearing through audio-call.

4. The respondent submitted their written submissions dated 31.08.2021 and the same has been taken on record.

5. The appellant reiterated the contents of the RTI Application and submitted that the desired information has not been provided to him by the respondent on his RTI application dated 31.10.2019. On being queried by the Commission as to the whose respect is this letter dated 05.07.2017, the appellant has informed that the information sought is related to one inquiry in relation to which, the said letter has been issued.

6. The respondent submitted that vide their letter dated 29.11.2019, relevant information along with relevant documents has already been provided to the appellant as per their available records. The appellant intervened to submit that the documents provided by the respondent are not stamped/signed.

Decision:

7. The Commission, after hearing the submissions of both the parties and after perusal of records, observes that the appellant has sought certified copy of letter issued to HPCL, Marketing Retail sales division office, Panipat Retail RO, Panipat by O/o. worthy Dy. Commissioner, Jind vide letter dated 05-07-2017 along with other related documents. The Commission further observes that although the relevant documents as sought in the instant RTI Application has already been provided by the respondent, yet the appellant has raised an issue on providing unsigned/unattested copy of relevant documents.

8. In view of the above, the Commission deems it fit, to direct the respondent to provide another copy i.e. certified copy of the relevant documents as per the records of the public authority and as permissible under the provisions of the RTI Act to the appellant within 15 days from the date of receipt of this order.

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9. With the above observations, the appeal is disposed of.

10. Copy of the decision be provided free of cost to the parties.



                                                           नीरज कु मार गु ा)
                                       Neeraj Kumar Gupta (नीरज           ा
                                                               सूचना आयु )
                                     Information Commissioner (सू

                                                        दनांक / Date : 07-09-2021
Authenticated true copy
(अिभ मािणत स यािपत  ित)

S. C. Sharma (एस. सी. शमा),
Dy. Registrar (उप-पंजीयक),
(011-26105682)

Addresses of the parties:


1.    CPIO

Hindustan Petroleum Corporation Limited, Panipat Retail R.O. E-22 Industrial Area, Court Road, Panipat, Haryana-132103

2. Mr. Ravi Shankar Page 3 of 3

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