Central Information Commission
Sanjay Sharma vs Hindustan Petroleum Corporation ... on 20 January, 2020
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/2018/139538-BJ
Mr. Sanjay Sharma
....अपीलकता/Appellant
VERSUS
बनाम
CPIO & Chief Regional Manager
Gorakhpur Regional Office
Hindustan Petroleum Corporation Ltd.
Gorakhpur LPG Regional Office: Gorakhpur LPG Bottling Plant
Bokta, Sahjanwa, Gorakhpur - 273209
... ितवादीगण /Respondent
Date of Hearing : 16.01.2020
Date of Decision : 17.01.2020
Date of RTI application 18.03.2018
CPIO's response 22.03.2018
Date of the First Appeal 20.04.2018
First Appellate Authority's response 15.06.2018
Date of diarised receipt of Appeal by the Commission 21.06.2018
ORDER
FACTS:
The Appellant vide his RTI application sought information on 05 points with regards to the women in 10 Gram Sabha situated in Sukrauli block of Kushinagar who have received Ujjwala gas connection through HPCL; their name; husband's name; name of their village and issues related thereto.
The CPIO, vide its letter dated 22.03.2018, provided a point-wise response to the Appellant. Dissatisfied with the response of the CPIO, the Appellant approached the FAA. The FAA, vide its order dated 15.06.2018, while upholding the reply of the CPIO stated that the information sought on points 01 to 04 was available on the website the details of which were mentioned in the order of the FAA and that information on point no 05 was exempted from disclosure u/s 8 (1)
(d) of the RTI Act, 2005.Page 1 of 8
HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: Mr. Sanjay Sharma through VC;
Respondent: Mr. Vilash Mani Chandra, Chief Regional Manager, HPCL, Gorakhpur through VC;
The Appellant reiterated the contents of the RTI application and stated that no satisfactory response was provided by the Respondent and that information on point no 05 was incorrectly denied to him u/s 8 (1) (d) of the RTI Act, 2005 since the details sought were generic in nature and no reasonable explanation was given by the Respondent to explain as to how the disclosure of information could hamper the commercial activities of the corporation or result in harm to the physical safety / infringement of privacy of the consumers. Explaining that the matter pertained to the larger public interest, the Appellant alleged widespread corruption and irregularity in the issuance of the gas connections to eligible women since it was his apprehension that connections issued in the name of one consumer were fraudulently given to another individual and the subsidy amount eligible to the concerned consumer was fudged by the distributors in connivance with the gas companies. He further submitted that he had made several representations before the CVC / Ministry of Petroleum & Natural Gas / concerned gas company etc. however, no action was taken on the same, till date. Therefore, he requested for disclosure of complete information forthwith. In its reply, the Respondent reiterated the reply of the CPIO / FAA and stated that the information sought in point no 05 being sensitive in nature and having adverse affect on their commercial interest as also the privacy of the consumers was exempted under Section 8 (1) (d) of the RTI Act, 2005. As regards points 01 to 04, the names of the Ujjwala Gas Consumers, their husband's name, village details, etc were available on the website which could be directly accessed by the Appellant instead of seeking information by way of an RTI application. On being queried by the Commission regarding the allegations made by the Appellant pertaining to alleged corruption and irregularity in the issuance of gas connections to women under the Ujjwala Scheme and the action taken on the same, the Respondent feigned ignorance but agreed to re-examine the matter and provide a suitable reply to the Appellant if so directed by the Commission. On being further queried if such information could be denied to the Parliament or State Legislature, if so sought, no satisfactory response was offered by the Respondent.
The Commission at the outset observed that the RTI Act, 2005 stipulates time limits in its various provisions relating to responding to RTI Applications, transfer of applications, filing and disposing of first appeal to ensure that a culture of information dissemination is strengthened so that a robust functioning of the democracy gets established. This was recognised by the Hon'ble High Court of Delhi in Mujibur Rehman vs Central Information Commission (W.P. (C) 3845/2007)(Dated 28 April, 2009) wherein it was held as under:
"14.......The court cannot be unmindful of the circumstances under which the Act was framed, and brought into force. It seeks to foster an "openness culture" among state agencies, and a wider section of "public authorities" whose actions have a significant or lasting impact on the people and their lives. Information seekers are to be furnished what they ask for, unless the Act prohibits disclosure; they are not to be driven away through sheer inaction or filibustering tactics of the public authorities or their officers.
It is to ensure these ends that time limits have been prescribed, in absolute terms, as Page 2 of 8 well as penalty provisions. These are meant to ensure a culture of information disclosure so necessary for a robust and functioning democracy."
The Commission also referred to the decision of the Hon'ble Delhi High Court in J P Aggarwal v. Union of India (WP (C) no. 7232/2009 wherein it was held that:
" 7"it is the PIO to whom the application is submitted and it is who is responsible for ensuring that the information as sought is provided to the applicant within the statutory requirements of the Act. Section 5(4) is simply to strengthen the authority of the PIO within the department; if the PIO finds a default by those from whom he has sought information. The PIO is expected to recommend a remedial action to be taken".
The RTI Act makes the PIO the pivot for enforcing the implementation of the Act."
8.............The PIO is expected to apply his / her mind, duly analyse the material before him / her and then either disclose the information sought or give grounds for non- disclosure."
Furthermore, the Hon'ble High Court of Delhi in the matter of R.K. Jain vs Union of India, LPA No. 369/2018, dated 29.08.2018, held as under:
"9................................ That apart, the CPIO being custodian of the information or the documents sought for, is primarily responsible under the scheme of the RTI Act to supply the information and in case of default or dereliction on his part, the penal action is to be invoked against him only."
The High Court of Himachal Pradesh in the matter of Block Development Officer, Paonta Sahib vs. State Information Commission and Anr., CWP No. 6072 of 2012 dated 27.06.2018 held as under:
"9. It is vehemently urged by learned counsel for the petitioner that the impugned order suffers from vice of arbitrariness and, therefore, should be quashed and set aside. It was further argued that the petitioner on receipt of the application had transferred it to the concerned authorities and, therefore, there was no lapse on his part. He would also urge that the petitioner did not know the intricacies of the RTI Act and, therefore, he could not have been penalized.
10. I find no merit in the contention put-forth by the petitioner. It is more than settled that ignorance of law can be no excuse. Once the petitioner is designated as PIO, then all the more he is deemed to have knowledge and even otherwise the least that was required of him was to have acquainted himself thoroughly with the provisions of the RTI Act. Therefore, the explanation as sought to be put-forth by the petitioner at this stage clearly reflects the lackadaisical attitude of the petitioner. The only reasonable explanation for the cause of delay can be accepted and not lame excuses."
The Commission also noted that it should be the endeavour of the CPIO to ensure that maximum assistance should be provided to the RTI applicants to ensure the flow of information. In this context, the Commission referred to the OM No.4/9/2008-IR dated 24.06.2008 issued by the Page 3 of 8 DoP&T on the Subject "Courteous behavior with the persons seeking information under the RTI Act, 2005" wherein it was stated as under:
"The undersigned is directed to say that the responsibility of a public authority and its public information officers (PIO) is not confined to furnish information but also to provide necessary help to the information seeker, wherever necessary."
The Commission also took note of the proviso to Section 8 of the RTI Act, 2005 wherein it has been stated that "..the information, which cannot be denied to the Parliament or a State legislature shall not be denied to any person..." In this context, the Commission drew reference to The Hon'ble Punjab and Haryana High Court decision in Civil Writ Petition No.1338 of 2011 ( M/s Hindustan Petroleum Corporation Ltd. V. The Central Information Commission and others) (Date of Decision: 24.01.2011) wherein it was held as under:
18. "In the same sequence, proviso to Section 8 of the Act envisaged that the information, which cannot be denied to the Parliament or the State Legislature, shall not be denied to any person.
19. A co-joint reading of the aforesaid provisions will leave no manner of doubt that every information is not exempted. Only those informations, pertaining to commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, the information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information and the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual, unless the authorities are satisfied that the larger public interest justifies the disclosure of such information, are exempted and not otherwise.
20.... Moreover, the CIC was satisfied that larger public interest justifies the disclosure of such information. Since the information sought cannot be denied to the Parliament or the State Legislature, so, the same cannot also be denied to respondent No.2, as contemplated in the proviso to section 8 of the Act."
A reference can also be made to the decision of the Hon'ble High Court of Delhi in the matter of Kamal Bhasin v. Radha Krishna Mathur and Ors., W.P.(C) 7218/2016 dated 01.11.2017 wherein it was held as under:
9. The proviso of Section 8 (1) of the Act is also important and reads as under: "Provided that the information, which cannot be denied to the Parliament or a State Legislature shall not be denied to any person."
10. By virtue of the aforesaid proviso to Section 8(1) of the Act, it is enacted that information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. In the present case, it was doubtful whether information as to the fate of the complaints can be considered as personal information that has no relationship with public interest or public activity. The activity of the Central Vigilance Department includes investigation and taking action in cases of corruption. Secondly, the complaint Page 4 of 8 related to the allegations of misconduct and how these complaints were treated were clearly matter of public interest.
With regard to the public interest involved in the matter, the Commission referred to the decision The Hon'ble Supreme Court in the matter of Bihar Public Service Commission v. Saiyed Hussain Abbas Rizwi: (2012) 13 SCC 61 while explaining the term "Public Interest" held:
"22. The expression "public interest" has to be understood in its true connotation so as to give complete meaning to the relevant provisions of the Act. The expression "public interest" must be viewed in its strict sense with all its exceptions so as to justify denial of a statutory exemption in terms of the Act. In its common parlance, the expression "public interest", like "public purpose", is not capable of any precise definition. It does not have a rigid meaning, is elastic and takes its colour from the statute in which it occurs, the concept varying with time and state of society and its needs (State of Bihar v. Kameshwar Singh([AIR 1952 SC 252]). It also means the general welfare of the public that warrants recognition and protection; something in which the public as a whole has a stake [Black's Law Dictionary (8th Edn.)]."
The Hon'ble Supreme Court in the matter of Ashok Kumar Pandey vs The State Of West Bengal (decided on 18 November, 2003Writ Petition (crl.) 199 of 2003) had made reference to the following texts for defining the meaning of "public interest':
"Strouds Judicial Dictionary, Volume 4 (IV Edition),'Public Interest' is defined thus:
"Public Interest (1) a matter of public or general interest does not mean that which is interesting as gratifying curiosity or a love of information or amusement but that in which a class of the community have a pecuniary interest, or some interest by which their legal rights or liabilities are affected."
In Black's Law Dictionary (Sixth Edition), "public interest" is defined as follows :
Public Interest something in which the public, or some interest by which their legal rights or liabilities are affected. It does not mean anything the particular localities, which may be affected by the matters in question. Interest shared by national government...."
In Mardia Chemical Limited v. Union of India (2004) 4 SCC 311, the Hon'ble Supreme Court of India while considering the validity of SARFAESI Act and recovery of non-performing assets by banks and financial institutions in India, recognised the significance of Public Interest and had held as under :
".............Public interest has always been considered to be above the private interest. Interest of an individual may, to some extent, be affected but it cannot have the potential of taking over the public interest having an impact in the socio-economic drive of the country..........."
The Commission observed that a voluntary disclosure of all information that ought to be displayed in the public domain should be the rule and members of public who having to seek information should be an exception. An open government, which is the cherished objective of the RTI Act, can be realised only if all public offices comply with proactive disclosure norms. Section 4(2) of the RTI Act mandates every public authority to provide as much information suo- motu to the public at regular intervals through various means of communications, including the Internet, so that the public need not resort to the use of RTI Act.
Page 5 of 8The Hon'ble Supreme Court of India in the matter of CBSE and Anr. Vs. Aditya Bandopadhyay and Ors 2011 (8) SCC 497 held as under:
"37. The right to information is a cherished right. Information and right to information are intended to be formidable tools in the hands of responsible citizens to fight corruption and to bring in transparency and accountability. The provisions of RTI Act should be enforced strictly and all efforts should be made to bring to light the necessary information under Clause (b) of Section 4(1) of the Act which relates to securing transparency and accountability in the working of public authorities and in discouraging corruption."
The Commission also observes the Hon'ble Delhi High Court ruling in WP (C) 12714/2009 Delhi Development Authority v. Central Information Commission and Another (delivered on:
21.05.2010), wherein it was held as under:
"16.It also provides that the information should be easily accessible and to the extent possible should be in electronic format with the Central Public Information Officer or the State Public Information Officer, as the case may be. The word disseminate has also been defined in the explanation to mean - making the information known or communicating the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet, etc. It is, therefore, clear from a plain reading of Section 4 of the RTI Act that the information, which a public authority is obliged to publish under the said section should be made available to the public and specifically through the internet. There is no denying that the petitioner is duty bound by virtue of the provisions of Section 4 of the RTI Act to publish the information indicated in Section 4(1)(b) and 4(1)(c) on its website so that the public have minimum resort to the use of the RTI Act to obtain the information."
Furthermore, High Court of Delhi in the decision of General Manager Finance Air India Ltd & Anr v. Virender Singh, LPA No. 205/2012, Decided On: 16.07.2012 had held as under:
"8. The RTI Act, as per its preamble was enacted to enable the citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority. An informed citizenry and transparency of information have been spelled out as vital to democracy and to contain corruption and to hold Governments and their instrumentalities accountable to the governed. The said legislation is undoubtedly one of the most significant enactments of independent India and a landmark in governance. The spirit of the legislation is further evident from various provisions thereof which require public authorities to:
A. Publish inter alia:
i) the procedure followed in the decision making process;
ii) the norms for the discharge of its functions;
iii) rules, regulations, instructions manuals and records used by its employees in discharging of its functions;
iv) the manner and execution of subsidy programmes including the amounts allocated and the details of beneficiaries of such programmes;
v) the particulars of recipients of concessions, permits or authorizations granted. [see Section 4(1) (b), (iii), (iv), (v); (xii) & (xiii)].Page 6 of 8
B. Suo moto provide to the public at regular intervals as much information as possible [see Section 4(2)]."
Furthermore, even the Hon'ble Supreme Court of India vide its important and significant decision passed by way of resolution dated 03.10.2017 declared that decisions regarding uploading of collegium's resolutions should be uploaded on website for ensuring transparency of collegium system.
" THAT the decisions henceforth taken by the Collegium indicating the reasons shall be put on the website of the Supreme Court, when the recommendation(s) is/are sent to the Government of India, with regard to the cases relating to initial elevation to the High Court Bench, confirmation as permanent Judge(s) of the High Court, elevation to the post of Chief Justice of High Court, transfer of High Court Chief Justices / Judges and elevation to the Supreme Court, because on each occasion the mater... The Resolution is passed to ensure transparency and yet maintain confidentiality in the Collegium system."
Moreover, vide its judgment dated 13.11.2019 in Civil Appeal No. 10044 OF 2010 with Civil Appeal No. 10045 OF 2010 and Civil Appeal No. 2683 of 2010, the Hon'ble Supreme Court of India had declared the Chief Justice of India as a Public Authority as per the provisions of the RTI Act, 2005.
DECISION:
Keeping in view the facts of the case and the submissions made by both the parties and in the light of the decisions cited above and taking into consideration the larger public interest involved in the matter, the Commission instructs the FAA to re-examine the matter and provide point-wise information to the Appellant as also suo moto disclose the same on its website within a period of 15 days from the date of receipt of this order.
The Appeal stands disposed accordingly.
(Bimal Julka) (िबमल जु का)
(Information Commissioner) (सूचना आयु )
Authenticated true copy
(अ भ मा णत स या पत त)
(K.L. Das) (के .एल.दास)
(Dy. Registrar) (उप-पंजीयक)
011-26182598/ [email protected]
दनांक / Date: 17.01.2020
Page 7 of 8
Copy to:
1. The Secretary, Ministry of Petroleum and Natural Gas, 2nd Floor, Shastri Bhavan, New Delhi-110001
2. The CMD, Hindustan Petroleum Corporation Limited, Petroleum House, 17 Jamshedji Tata Road, Churchgate, Mumbai- 400020 Page 8 of 8