Central Information Commission
V Narasimma Moorthy vs Hindustan Petroleum Corporation ... on 18 August, 2025
Author: Heeralal Samariya
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/HPCLD/A/2025/658273.
Shri. V NARASIMMA MOORTHY. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Hindustan Petroleum Corporation Limited.
Date of Hearing : 13.08.2025
Date of Decision : 13.08.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 13.10.2024
PIO replied on : 14.11.2024
First Appeal filed on : 16.11.2024
First Appellate Order on : 11.12.2024
2ndAppeal/complaint received on : 02.01.2025
Information soughtand background of the case:
The Appellant filed an RTI application dated 13.10.2024 seeking information on following points:-
"1. Kindly furnish the information about Hindustan Petroleum Corporation Limited (HPCL) company's retail outlet agreement details, renewal date with Pudupalyam PONNI agency (Tiruvannamalai district) and agreement's tenure period
2. What are the mandatory basic amenities to be facilitated to public(consumers) by HP PONNI AGENCY's petrol bunk, Pudupalayam
3. Give the name of proprietorship and official contact details of HP PONNI agency in the location of Pudupalayam, Tiruvannamalai district
4. Whether as per statutory requirement such as first aid box, toilet, safety equipment fire extinguishers and sand buckets is available at PONNI AGENCY retail outlet located at Pudupalayam, Tiruvannamalai district
5. Total number of complaints/cases register against the PONNI AGENCY retail outlet, Pudupalayam, Tiruvannamalai district to till date
6. Kindly furnish information about, if any blast happened by PONNI AGENCY, Pudupalayam and then the liability for the explosion is depend on whom and compensation authority, give claiming procedures for damages by explosion Etc."
The CPIO, vide letter dated 14.11.2024 replied as under:-
"1. HPCL retail outlet M/s. Ponni Agency is being operated under Dealership Agreement dated 28/02/2017 valid for 10 years.
Page 1
2. The dealer provides air, water and toilet facilities to customers.
3. M/s. Ponni Agency. Proprietor Mr. P Anbarasu. Contact detail 94428 04940.
4. Fire extinguishers, Sand buckets, Toilets, and a First Aid Box are available at the Outlet.
5. No pending complaint prevails as of date in respect of M/s. Ponni Agency.
6. No such incident has been reported.
7. M/s. Ponny Agency is guided by rules and regulations applicable for all Retail Outlets prescribed by Industry/Ministry which are available in the public domain.
8-10. Information under commercial confidence by HPCL under Section 8(1)(d) of the RTI Act, 2005.
11. Grounds for termination of retail outlets shall be available from the Marketing Discipline Guidelines available in the public domain.
12. No such complaint received.
13. Actual facts as on date have been provided.
14. PESO Licence No.P386447
15. Information under commercial confidence by HPCL under Section 8(1)(d) of the RTI Act, 2005."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16.11.2024. The FAA, Executive Director-Retail vide order dated 11.12.2024 replied as under:-
"It is noted that, the Online RTI Appeal Registration no. HPCLD/A/E/24/00245 dated 16.11.2024 submitted by yourself appears to have been originated in view of your opinion that you have been refused access to information by CPIO, under the provision of RTI Act 2005. It was observed that The CPIO has responded to your RTI query and provided you a reply vide his letter vide his letter dated 14.11.2024. I have carefully gone through your RTI application as well CPIO reply in this regard.
Please note that Retail Outlet No Objection Certificate (NOC) is obtained only after taking required approvals from the concerned government departments and Retail Outlet strictly adhere to PESO rules and guidelines. Information sought is in the form of questions and requesting the CPIO to elicit views or opinion, which does not come under Section 2(f) of the RTI Act, 2005. Please note that CPIO is not authorized to interpret information and can only provide information that is directly available or held by CPIO. You may please refer to CIC decision CIC/DOCAF/A/2018/137220. "Wherein it is clarified that under the provisions of the RTI Act, 2005, only that information can be provided which is available, existing and in the possession of the public authority or under the control of the public authority. The CPIO is not expected to create information which is not part of the record. He is not required to explain the information or give explanations or even answer hypothetical questions."
Considering the above aspects, your appeal is hereby disposed of without any instructions to the CPIO."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Further a written submission dated 05.08.2025, was provided by the Respondents, stating, "Respected Sir, Page 2 This has a reference to above mentioned second appeal CIC/HPCLD/A/2025/658273 scheduled on 13.08.2025 at 01.20 PM. We wish to place the following records for your kind consideration."
Etc..
Facts emerging in Course of Hearing:
Appellant: Present Respondent: Absent The Appellant submits that complete information has not been provided by the Respondents.
Decision:
At the outset, it is noted that the PIO was absent during hearing without intimating any reasons thereof. Therefore, Commission directs the PIO to send his/her written explanation to justify his/her aforesaid conduct within 30 days from the date of receipt of order of this Commission.
Furthermore in view the facts of the case and the material on record, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent. No further action lies.
The matter stands disposed of.
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 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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