Central Information Commission
Harshit Malik vs Petroleum And Natural Gas Regulatory ... on 27 February, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/PNGRB/A/2023/102854
Shri Harshit Malik ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Petroleum and Natural Gas Regulatory ...प्रनतवािीगण /Respondent
Board
Date of Hearing : 27.02.2024
Date of Decision : 27.02.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 09.08.2022
PIO replied on : 02.09.2022
First Appeal filed on : 14.09.2022
First Appellate Order on : 21.10.2022
2 Appeal/complaint received on
nd : 20.01.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 09.08.2022 seeking information on the following points about PNGRB's Authorization Letter dated 20.01.2015 to Gujarat Gas Limited in respect of Valsad (part) District; GA number 98.10:-
"a) For Valsad (part) District; GA number 98.10, which are the similar placed cities or local area taken into consideration by the Board in terms of Regulation 8 of the PNGRB Exclusivity Regulations, 2008 for the purposes of setting targets of Domestic connections to be achieved, steel inch kms to be laid and CNG compression capacity to be achieved? Also, please provide the copies of the decision to the above effect contained in any Notice of the Meeting, Agenda papers and Minutes of the Meeting of the Board or any other supporting document.
b) In the event there was no similar placed city or local area under (a), then kindly provide the cities which has been considered by the Board to come closest to Valsad (part) District; GA number 98.10 in terms of population by suitable extrapolation or interpolation. Also, please provide the copies of the decision to the above effect contained in any Notice of the Meeting, Agenda papers and Minutes of the Meeting of the Board or any other supporting document.
c) Kindly provide the particulars of the successful bid and bidder in the city or local area in (a) above or as in case of (b), whose bid has been considered for the purposes of setting targets of Domestic connections to be achieved, steel inch kms to be laid and CNG compression capacity to be achieved in Valsad (part) District;
GA number 98.10.
Page 1 of 3d) Was any extrapolation or interpolation made in setting the targets for Valsad (part) District; GA number 98.10? Also, please provide the copies of the decision to the above effect contained in any Notice of the Meeting, Agenda papers and Minutes of the Meeting of the Board or any other supporting document."
The CPIO vide letter dated 02.09.2022 replied as under:-
"The information sought by you falls under Section 52(6) of the PNGRB Act, which restricts PNGRB for disclosing any information received from the entity to any person or authority except on the grounds of public interest. Hence, your RTI application is disposed off accordingly."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 14.09.2022. The FAA vide order dated 21.10.2022 held as under:-
"The matter has been examined and it is observed that CPIO, PNGRB has already informed the appellant that the information sought by him falls under Section 52(6) of the PNGRB Act, which restricts PNGRB for disclosing any information received from the entity to any person or authority except on the grounds of public interest vide letter dated 02.09.2022."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Represented by Ms. Chandrayee Maitra - Advocate Respondent: Maj. Khaja Mohideen - Dy. Adviser was present during the hearing.
During the course of hearing, both parties reiterated their respective contentions. The Appellant's counsel contended that the Section 52(6) of the PNGRB Act reads as under:
(6) The Board shall maintain confidentiality in respect of any information and record received by it from the entities and shall not disclose information contained therein to any person or authority except on the grounds of public interest.
Emphasis supplied She contended that since the information sought by the Appellant was about the Board's decisions and not pertaining to information received by the Board from the "entity", hence the provision of the Section 52(6) of the PNGRB is not applicable in this case to deny the information.
The Respondent on the other hand contended that the Authorisation Letter which denotes the culmination of the Board's deliberation is regularly published on the website, which contains the final terms settled upon after the meetings. He also mentioned that some of the data which are discussed in the agenda contain commercially confidential information and hence such information are not put in public domain to avoid detriment to the competitive position of the concerned entity.
Page 2 of 3Decision:
In the light of the aforesaid deliberations, the Commission is of the opinion that the Respondent's blanket denial of information, citing provision of the PNGRB Act is not acceptable because the query was raised invoking RTI Act. Hence, the PIO's reply is set aside and the Respondent - PIO is hereby directed to revisit the queries raised by the Appellant and furnish a revised point wise reply providing information as is permissible within the precincts of the RTI Act. The Respondent must be mindful of redacting any information which is expressly barred from disclosure under the RTI Act, citing the appropriate provision of the RTI Act. The revised reply shall be sent within four weeks of receipt of this order and a compliance report must be submitted by the Respondent before the Commission within one week thereafter.
The appeal is disposed off with the above directions.
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 of 3