Central Information Commission
Kabeer vs Petroleum And Explosives Safety ... on 12 February, 2026
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/PAESO/A/2024/648369
Kabeer .....अपीलकर्ाग /Appellant
VERSUS
बनाम
CPIO : Petroleum and Explosives ....प्रनर्वािीगण /Respondent
Safety Organisation, Office of the
Controller of Explosives, No. 3, 5th
East Cross Road, Gandhi Nagar,
Vellore - 632006
Date of Hearing : 12-02-2026
Date of Interim Decision : 12-02-2026
INFORMATION COMMISSIONER : Khushwant Singh Sethi
Relevant facts emerging from appeal:
RTI application filed on : 23-06-2024
CPIO replied on : 04-09-2024
First appeal filed on : 04-09-2024
First Appellate Authority's order :
2nd Appeal dated : 02-11-2024
CIC/PAESO/A/2024/648369 Page 1 of 10
Information sought:
1. The Appellant filed an RTI application dated 23-06-2024 seeking the following information:
"Subject: Request for Information under Right to Information Act 2005 Pertain to Complaint lodged in your good office ref: DOCOM/E/2024/0001324 & Appeal No: DOIPP/E/A/24/0000090 to know the status
1. Please furnish the reason along with the Provision of law that the complaint lodged ref No: DOCOM/E/2024/0001324 in your good office to state that action is not to be taken as it belong to another department. Domestic Cylinder used for Commercial purposes violation of clause 6 (1) (c) of the Control Order And under Section 3/7 Essential Commodities Act.
2. Please furnish me with officer's name, designation, Educational qualification ref No: DOCOM/E/2024/0001324 stated to approach different department for this complaint.
3. Please furnish with me the name and designation of the competent authority details to lodge the complaint for violation of under section 3 (2) (i) Every Government servant holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all Government servants for the time being under his control and authority.
Explanation I.- A Government servant who habitually fails to perform the task assigned to him within the time set for the purpose and with the quality of performance expected to him shall be deemed to be lacking in devotion to duty within the meaning the cause (ii) of sub-rule (1).
The Central Civil Services (Conduct) Rules, 1964 against the staff handling the complaint ref No: DOCOM/E/2024/0001324 in your good office. 3(a)(b) No Government servant shall in his official dealings with the public or otherwise adopt dilatory tactics or wilfully cause delays in disposal of the work assigned to him 4. Please furnish me with the list of officers' name, designation along with the address Tiruvannamalai district in your good office for enforcement of Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000.CIC/PAESO/A/2024/648369 Page 2 of 10
5. Please furnish me a list of case numbers (Only Number) booked in your good office for violation clause 6 (1) (c) of the Control Order in Tiruvannamalai district for the last 3 years.
It is informed in my complaint DOCOM/E/2024/0001324 that violator of clause 6 (1) (c) of the Control Order Mr. Khaja Sharif S/o Kamal Basha Reside at Pakkiripalayam, Chengam Taluka, Tiruvannamalai District, Tamilnadu 606709 running an unlicensed Beef Road eatery using Domestic LPG for the purpose of preparing and selling Beef meats to the Public timing operate at 5.00 pm to 10.00 pm Night Only in this reg please furnish me further information. ETC. "
2. The CPIO furnished a reply to the Appellant on 04-09-2024 stating as under:
"1. Please furnish the reason along with the Provision of law that the complaint lodged ref. NO: DOCOM/E/2024/0001324 in your good office to state the action is not to be taken as it belong to another department. Domestic Cylinder used for Commercial purposes violation of clause 6(1) (c) of the Control Order And under Section 3/7 Essential Commodities Act. Reply- Clarification or interpretation or solve of problems raised by the applicants or to furnish replies to hypothetical questions does not constitute information within the ambit of section 2(f) of the RTI Act, 2005.
2. Please furnish me with officer's name, designation, Educational qualification ref No: DOCOM/E/2024/0001324 stated to approach different department for this complaint.
Reply- No material information specific to your queries is available with this CPIO. It may be noted that under the RTI Act, only such information can be supplied which already exists and is held by the Public Authority or under the control of the Public Authority. The Public Information Officer is not supposed to create information, clarify/ interpret information, or solve the problems raised by the applicants or to furnish replies to hypothetical questions. Further, CIC/PAESO/A/2024/648369 Page 3 of 10 you are requested to visit this office with prior appointment to inspect records and official documents accessible under R11 Act, 2005.
3. Please furnish with me the name and designation of the competent authority details to lodge the complaint for violation of under section 3 (2) (i) Every Government servant holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all Government servants for the time being under his control and authority.
Explanation I- A Government servant who habitually fails to perform the task assigned to him within the time set for the purpose and with the quality of performance expected to him shall be deemed to be lacking in devotion to duty within the meaning the cause (ii) of sub-rule (1) The Central Civil Services (Conduct) Rules, 1964 against the staff handling the complaint ref N: DOCOM/E/2024/0001324 in your good office. Reply- No material information specific to your queries is available with this CPIO. It may be noted that under the RTI Act, only such information can be supplied which already exists and is held by the Public Authority or under the control of the Public Authority. The Public Information Officer is not supposed to create information, clarify/ interpret information, or solve the problems raised by the applicants or to furnish replies to hypothetical questions. Further, you are requested to visit this office with prior appointment to inspect records and official documents accessible under RTI Act, 2005.
3.(a) (b) No Government servant shall in his official dealings with the public or otherwise adopt dilatory tactics or willfully cause delays in disposal of the work assigned to him.
Reply- No material information specific to your queries is available with this CPIO. It may be noted that under the RTI Act, only such information can be supplied which already exists and is held by the Public Authority or under the control of the Public Authority. The Public Information Officer is not supposed to create information, clarify/ interpret information, or solve the problems raised by the applicants or to furnish replies to hypothetical questions. Further, you are requested to visit this office with prior appointment to inspect records and official documents accessible under RTI Act, 2005.
CIC/PAESO/A/2024/648369 Page 4 of 104. Please furnish me with the list of officers' name, designation along with the address Tiruvannamalai district in your good office for enforcement of Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000. Reply- No material information specific to your queries is available with this CPIO. It may be noted that under the RTI Act, only such information can be supplied which already exists and is held by the Public Authority or under the control of the Public Authority. The Public Information Officer is not supposed to create information, clarify/ interpret information, or solve the problems raised by the applicants or to furnish replies to hypothetical questions. Further you are requested to visit this office with prior appointment to inspect records and official documents accessible under RTI Act, 2005.
5. Please furnish me a list of case numbers (Only Number) booked in your good office for violation clause 6 (1) (c) of the Control Order in Tiruvannamalai district for the last 3 years.
It is informed in my complaint DOCOM/E/2024/0001324 that violator of clause 6 (1) (c) of the Control Order Mr. Khaja Sharif S/o Kamal Reside at Pakkiripalayam, Chengam Taluka, Tiruvannamalai District, Tamilnadu 606709 running an unlicensed Beef Road eatery Domestic LPG for the purpose of preparing and selling Beef meats to the Public timing operate at 5.00 pm to 10.00 pm Night Only in this reg please furnish me further information. Reply- No material information specific to your queries is available with this CPIO. It may be noted that under the RTI Act, only such information can be supplied which already exists and is held by the Public Authority or under the control of the Public Authority. The Public Information Officer is not supposed to create information, clarify/interpret information, or solve the problems raised by the applicants or to furnish replies to hypothetical questions. Further, you are requested to visit this office with prior appointment to inspect records and official documents accessible under RTI Act, 2005.
6. Please furnish me the date, time, and name of the officials carried out an inspection in that said shop by your good office for my complaint DOCOM/E/2024/0001324 & Appeal NO: DOIPP/E/24/0000090.
CIC/PAESO/A/2024/648369 Page 5 of 10Reply- No material information specific to your queries is available with this CPIO. It may be noted that under the RTI Act, only such information can be supplied which already exists and is held by the Public Authority or under the control of the Public Authority. The Public Information Officer is not supposed to create information, clarify/ interpret information, or solve the problems raised by the applicants or to furnish replies to hypothetical questions. Further, you are requested to visit this office with prior appointment to inspect records and official documents accessible under RTI Act, 2005.
7. If not, please furnish me the reason for non-Compliance by your good office for enforcement of Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000.
Reply- Clarification or interpretation or solve of problems raised by the applicants or to furnish replies to hypothetical questions does not constitute information within the ambit of section 2(f) of the RTI Act, 2005.
8. Please furnish me with the evidence obtained by your good office (Anti- Hoarding) received from the Violator clause 6 (1) (c) of the Control Order Mr. Khaja S/o Kamal Reside at Pakkiripalayam, Chengam Taluka, Tiruvannamalai District, Tamilnadu 606709 running an unlicensed Beef Road eatery Domestic LPG for the purpose of preparing and selling Beef meats to the Public timing operate at 5.00 pm to 10.00 pm Night.
Reply- No material information specific to your queries is available with this CPIO. It may be noted that under the RTI Act, only such information can be supplied which already exists and is held by the Public Authority or under the control of the Public Authority. The Public Information Officer is not supposed to create information, clarify/ interpret information, or solve the problems raised by the applicants or to furnish replies to hypothetical questions. Further, you are requested to visit this office with prior appointment to inspect records and official documents accessible under RTI Act, 2005.
9. Please furnish with me a copy of the Cylinder bill obtained from Mr. Khaja S/o Kamal Reside at Pakkiripalayam, Chengam Taluka, Tiruvannamalai District, Tamilnadu 606709 running an unlicensed Beef Road catery Domestic LPG for CIC/PAESO/A/2024/648369 Page 6 of 10 the purpose of preparing and selling Beef meats to the Public timing operate at 5.00 pm to 10.00 pm Night.
Reply- No material information specific to your queries is available with this CPIO. It may be noted that under the RTI Act, only such information can be supplied which already exists and is held by the Public Authority or under the control of the Public Authority. The Public Information Officer is not supposed to create information, clarify/interpret information, or solve the problems raised by the applicants or to furnish replies to hypothetical questions. Further, you are requested to visit this office with prior appointment to inspect records and official documents accessible under RTI Act, 2005.
10. If not, Please furnish me the reason for obtaining the bill during the inspection by your good office.
Reply-Clarification or interpretation or solve of problems raised by the applicants or to furnish replies to hypothetical questions does not constitute information within the ambit of section 2(f) of the RTI Act, 2005.
11. Please furnish with the list of steps/Vigil mechanism taken by your good office to comply Liquefied Petroleum Gas (Regulation of Supply and Distribution) Order, 2000 preventing the use of domestic cylinders for commercial purposes in the entire state of Tamilnadu. Reply- No material information specific to your queries is available with this CPIO. It may be noted that under the RTI Act, only such information can be supplied which already exists and is held by the Public Authority or under the control of the Public Authority. The Public Information Officer is not supposed to create information, clarify/ interpret information, or solve the problems raised by the applicants or to furnish replies to hypothetical questions. Further, you are requested to visit this office with prior appointment to inspect records and official documents accessible under RTI Act, 2005."
3. Being dissatisfied, the Appellant filed a First Appeal dated 04-09-2024 The FAA vide its order dated 10-10-2024, upheld the reply given by the CPIO.
CIC/PAESO/A/2024/648369 Page 7 of 104. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.
Respondent: Remained absent despite receiving the hearing notice on 02.02.2026.
5. The Respondent vide written submission dated 06.02.2026 submitted that the sought information falls outside the scope and mandate of their department and is not held by them.
Interim Decision:
6. The Commission, after adverting to the facts and circumstances of the case, and perusal of the records, observes that the respondent did not give an appropriate reply to the appellant vide letter dated 04.09.2024. The Commission finds that the respondent ought to have transferred the appellant's RTI application U/s 6(3) of the RTI Act, 2005 to the concerned public authority, if the sought information is not held by him. The Commission finds that respondent failed to transfer the appellant's RTI request to the concerned public authority. Hence, the respondent is directed to transfer the RTI Application of the appellant to the concerned public authority, under intimation to the appellant, within 15 days from the date of receipt of this order under intimation to the CIC/PAESO/A/2024/648369 Page 8 of 10 Commission - both through post and via uploading on http://dsscic.nic.in/online-link-paper-compliance/add.
7. Apart from the above, the Commission finds that the respondent remained absent during the hearing despite receiving the Commission's hearing notice on 02.02.2026. Also, the Commission finds that the respondent has failed to transfer the appellant's RTI request to the concerned public authority U/s 6(3) of the RTI Act, 2005 within stipulated time limit. In view of the above, the respondent is hereby SHOW-CAUSED as to why penalty U/s 20(1) of the RTI Act should not be imposed upon them for not transferring the appellant's RTI application to the concerned public authority and for remaining absent during the hearing. The respondent is also directed to submit detailed written explanation to the Commission for the aforesaid reasons - both through post and via uploading on http://dsscic.nic.in/online-link-paper-compliance/add, within 15 days from the date of receipt of this order. Accordingly, the appeal is reserved for further orders.
Copy of the decision be provided free of cost to the parties.
(Khushwant Singh Sethi) (खुशवन्त स िंह ेठी) Information Commissioner ( ूचना आयुक्त) निनां क/Date: 12.02.2026 Authenticated true copy S. K. Chitkara (एस. के. नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26107026 CIC/PAESO/A/2024/648369 Page 9 of 10 Copy To:
1. The CPIO Petroleum and Explosives Safety Organisation, Office of the Controller of Explosives, No. 3, 5th East Cross Road, Gandhi Nagar, Vellore - 632006
2. The FAA, Petroleum and Explosives Safety Organisation, Office of the Controller of Explosives, No. 3, 5th East Cross Road, Gandhi Nagar, Vellore - 632006
3. Chief Controller of Explosives A Block, CGO Complex, Fifth floor Seminary Hills Nagpur-(Maharashtra) 440006 (For information and necessary directions)
4. Kabeer CIC/PAESO/A/2024/648369 Page 10 of 10 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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