Central Information Commission
Samir Sardana vs Bharat Petroleum Corporation Limited ... on 17 October, 2024
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/BPCLD/A/2023/601594
Shri SAMIR SARDANA ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Bharat Petroleum Corporation Limited (BPCL)
Date of Hearing : 11.10.2024
Date of Decision : 14.10.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 19.10.2022
PIO replied on : 17.11.2022
First Appeal filed on : 25.11.2022
First Appellate Order on : - -
2 Appeal/complaint received on
nd : 10.01.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 19.10.2022 seeking information on following points:-
Pricing Formula PIO to state the pricing formula basis of the 3 largest CRUDE OIL SUPPLIES IN FY 22 to BPCL NOTE:
• Xx • Xx • Xx • Xx INVENTORY WRITE DOWN • PIO To state the VALUE of INVENTORIES OF RAW MATERIAL AND FINISHED GOODS, WRITTEN DOWN, TO NET REALISABLE VALUE, IN FY 21 AND FY 21,AS UNDER:
• • YEAR OF WRITE DOWN, NAME OF INVENTORY ITEM, VALUE OF WRITE DOWN PRODUCT DATA • PIO TO STATE THE VALUE OF EXPORT SALES IN FY 21 AND FY 22, AS UNDER:
Page 1 • • YEAR, NAME OF PRODUCT, COUNTRY OF EXPORT, VALUE OF EXPORT • PIO TO STATE THE VALUE OF DOMESTIC SALES IN FY 21 AND FY 22, AS UNDER:
• • YEAR, NAME OF PRODUCT (Naphtha, Gasoline (Petrol), Jet/Kerosene, Gasoil (Diesel) and Fuel Oil etc.), VALUE OF SALES Oil Price Risk Management Committee (OPRMC) • PIO to state the number of meetings of the OPRMC IN FY 2022 • PIO to allow the applicant to inspect the minutes of the OPRMC for FY 2022 Hedges - Oil Purchases • PIO to state the value of Oil OPTIONS purchased and sold IN FY 2022 and the name of the exchange and exchange broker of the said trades • PIO to state the value of Oil OPTIONS purchased and sold IN FY 2021 and the name of the exchange and exchange broker of the said trades • PIO to state the value of Oil FUTURES purchased and sold IN FY 2022 and the name of the exchange and exchange broker of the said trades • PIO to state the value of Oil FUTURES purchased and sold IN FY 2021 and the name of the exchange and exchange broker of the said trades • PIO to state the value of Oil OPTIONS (traded by BPCL), IN FY 2022, WHICH WERE EXERCISED BY THE OPPOSITE PARTY • PIO to state the value of Oil FUTURES (traded by BPCL), IN FY022, WHICH WERE EXERCISED BY THE OPPOSITE PARTY • PIO to state the value of Oil OPTIONS (traded by BPCL), IN FY 2022, WHICH WERE EXERCISED BY BPCL • And other related information."
The CPIO, Bharat Petroleum Corporation Limited (BPCL), Mumbai vide letter dated 17.11.2022 replied as under:-
Pricing Formula Platts Dated Brent, Platts Dubai and Average of Platts Dubai and DME Oman are major benchmarks typically followed for crude oil procurement.
Inventory Write down Nil input from International Trade Department of BPCL Product Data Naphtha and gasoil were major products exported by International Trade Department of BPCL during FY21 and FY22 FY Quantity (Million Metric Tons) 2020-21 1.81 2021-22 1.87 Other details sought related to product exports cannot be provided as per clause8.1 (d) of the Right to Information Act, 2005 as these are of commercial confidence.
Nil input on domestic sales from International Trade Department of BPCL Page 2 Oil Price Risk Management Committee (OPRM) The details sought cannot be provided as per clause8.1 (d) of the Right to Information Act, 2005 as these are of commercial confidence.
Hedges-Oil Purchases The details sought cannot be provided as per clause8.1 (d) of the Right to Information Act, 2005 as these are of commercial confidence.
Hedges - REFINERY FINISHED PRODUCT SALES Etc."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 25.11.2022 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:
The brief background of the case is that Appellant filed RTI seeking information concerning Pricing Formula, product data, inventory write down, value of domestic sales in financial year 2021 & 2022,& Oil Price Risk Management Committee. The respondent disclosed information which was not exempted under RTI Act,2005 and the remaining information was denied to the Appellant on the grounds of section 8(1(d) of RTI Act,2005.
Appellant: None for the Appellant Respondent: Shri Swapnil Mahajan, Chief Manager, International Trade &CPIO The Appellant remained absent during the hearing even after the service of prior notice of hearing by the Commission. Hence, the opportunity of the Appellant to present his case is closed on the ground of non- appearance.
The CPIO submitted that the information sought by the Appellant was furnished to him vide letter dated 17 November, 2022. However, certain information sought by the Appellant is exempted from disclosure under Section 8(1)(d) i.e. matter of commercial confidence.
The CPIO further, drew attention of the Commission towards+ that contents of the written submission dated 04 Oct 2024 and the annexures along with it uploaded on the link provided by the Commission.
Decision:
Upon the perusal of the case records, oral submissions of the CPIO and the contents of the written submission dated 04 Oct 2024, the Commission is of the view that CPIO has furnished the correct and accurate reply to the Appellant. Further, the exemption sought by the CPIO under Section 8(1)(d) is also justified and appropriate . However, the Commission directs the CPIO to send copy of the written submissions dated 04.oct 2024 to the Appellant within 10 days from the date of receipt of this order and to further send a compliance report of this order to the Commission within 01 week thereafter.
Page 3 The Commission does not find any merits for the further intervention. Thus, the Appeal stands disposed off.
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 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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