Samir Sardana vs Oil Industry Development Board (Oidb) on 31 July, 2024

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Central Information Commission

Samir Sardana vs Oil Industry Development Board (Oidb) on 31 July, 2024

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/OIDBD/A/2022/662081

Shri Samir Sardana                                                ... अपीलकताग/Appellant
                                    VERSUS/बनाम

CPIO, Oil Industry Development Board, Noida                  ...प्रनतवािीगण /Respondent

Date of Hearing                           :   29.07.2024
Date of Decision                          :   29.07.2024
Chief Information Commissioner            :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :            12.09.2022
PIO replied on                    :            12.10.2022
First Appeal filed on             :            17.10.2022
First Appellate Order on          :            17.11.2022
2ndAppeal/complaint admitted on   :            24.11.2022

Information sought

and background of the case:

The Appellant filed an RTI application dated 12.09.2022 seeking the following information on about incidents, accidents and explosions in the PNG Sector:

Major incidents • PIO to state the details of major incidents, in the last 5 years, investigated by OISD ,as under:

• Year, Location and Entity of major incident Safety Audits • PIO to state the number of safety audits done for ports, LNG terminals, REGASIFICATION PLANTS,GAS PIPELINES, IN THE LAST 5 YEARS,WITH THE NAME OF THE FACILITY,AS UNDER: • YEAR,NAME OF ports, LNG terminals, REGASIFICATION PLANTS,GASPIPELINES,NUMBER OF AUDITS • PIO to provide a copy of the LATEST SAFETY AUDIT REPORT OF OISD FOR THE GAIL GAS PIPELINES, LNG TERMINALS OF GAIL AND THE REGASIFICATION PLANTS OF GAIL He sought further information about Safety Council, GAIL, case studies also.

The CPIO vide letter dated 12.10.2022 replied attaching data about Major incidents as Annexure 1, about Safety Audits: Point A as Annexure 2, Page 1 of 3 Point B: Investigation/ Audit Report in general may contain information which may harm the competitive position of third party. Hence such disclosure is exempted under Sec 8(d) of RTI Act, 2005.

Likewise, about Safety Council Point A: Data is attached as Annexure-3 Point B: Data is attached as Annexure-4 Etc."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.10.2022. The FAA, Director (E&P), OISD vide order dated 17.11.2022 held as under:-

"5. Based on the argument advanced it is directed to at least provide TOR, scope of work, approach, credentials, methodology and the conclusion of the safety audits and investigation reports by PIO to the extent of availability in the said reports.

6. That, whereby any information of the Location and entity of specified case studies (as asked by Appellant) listed on OISD portal may be provided to the Appellant.

7. Wherever necessary section 10 of the Act, may be applied for not sharing sensitive information."

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

The FAA's order was duly complied by the PIO vide communication dated 23.11.2022. Another response dated 06.12.2022 has been sent by OISD [Oil Industry Safety Directorate] furnishing reply about explosion which occurred on 27.06.2014 at Tatipaka and on 01.09.2014 as under:

Refer FAA order vide ref no. OISD/RTI-APPEAL/2022/03 dated 17th Nov 2022 in the matter of Sh. Samir Sardana vs. PIO, OISD, whereby it was decided to provide TOR, scope of work, approach, credentials, methodology and the conclusion of the same case and which has already been provided to you vide ref OISD/RTI/2022/Additional/01 dated 23.11.2022.

Refer FAA order mentioned as above, based on the order TOR, scope of work, approach, credentials, methodology and the conclusion of this case is attached as annexure 1.

Facts emerging in Course of Hearing:

Appellant: Absent Respondent: Mr. Amit Kumar Aggarwal, Jt. Director- Finance, Mr. Vikas Kumar Sharma, Director-E&P, Mr. Amar Singh, Addl. Director, Mr. R.P. Sejwal, Consultant- participated in the hearing.

Page 2 of 3

The Respondent stated tat the relevant information from their official record has been duly furnished to the Appellant. They further stated that the complete information in compliance of order of FAA has been furnished to the Appellant vide letter dated 23.11.2022 and 06.12.2022.

Decision:

Upon perusal of records and examining the facts of the case at hand, it is noted that the Appellant's queries had been appropriately answered by the concerned PIO. The reply is self- explanatory and information as permissible under the provisions of the RTI Act has been duly supplied to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act.

Appeal is disposed of accordingly.

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 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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