Central Information Commission
Siddhartha Mukherjee vs Ministry Of Petroleum & Natural Gas on 3 February, 2021
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
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/MOPNG/A/2019/118175
Siddhartha Mukherjee ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, M/o. Petroleum & Natural ... ितवादी /Respondent
Gas, New Delhi
Relevant dates emerging from the appeal:
RTI : 18-12-2018 FA : 14-01-2019 SA : 22-04-2019
CPIO : 03-01-2019 FAO : 16-01-2019 Hearing : 28-01-2021
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), M/o. Petroleum & Natural Gas, New Delhi seeking following information:-
"Shri Vinay Kumar and Siddhartha Mukherjee had addressed two joint petitions dated 20-07-2017 (which was accorded FTS 15895/2017 and 30-05-2017 (which was sent through Speed Post and dealt with in MoP&NG under File No. M-12019(27)/2/2017-OMC). It is humbly requested that inspection of concerned file and part file, if any, may please be allowed under the RTI Act, 2005. Thereafter, copies of relevant pages to be finalized after inspection of the file(s), may be provided under the RTI Act, 2005 for which requisite copying charges shall be paid on the spot in the form of Indian Postal orders (IPO) separately. Although, the RTI Act, 2005 does not make it obligatory for the applicant to give reasons for the information sought but I hereby declare that this information is sought on account of involvement of public interest because many officials in HPCL and other concerned quarters are violating prescribed procedures as well as violating applicable laws in order to hush up and cover up Page 1 of 3 corruption which both myself and complainant, Shri Vinay Kumar have been able to find out through documents procured through RTI Act, 2005 and/or procured through other means. If required, these documents can be shared by us with MoP&NG at the stage of inspection of files, if allowed, please."
2. The CPIO responded on 03-01-2019. The appellant filed the first appeal dated 14-01-2019 which was not disposed of by the first appellate authority on 16- 01-2019. Thereafter, he filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information.
Hearing:
3. The appellant, Mr. Siddhartha Mukherjee attended the hearing through audio conferencing. Mr. Alok Kumar Sinha, CPIO participated in the hearing representing the respondent through audio conferencing. The written submissions are taken on record.
4. The appellant limited his submissions on supplying copy of the referred file in which his representation(s) was dealt with.
5. The respondent contended that the subject file is not traceable and therefore, they are unable to provide the sought for information to the appellant. Decision:
6. This Commission directs the respondent to once again make due efforts to thoroughly search the subject file in which representation(s) of the appellant was dealt with and furnish the admissible information to the appellant with reference to the RTI application as per the RTI Act, 2005, if available, free of cost, within a period of 30 working days from the date of receipt of this order. In case the CPIO is unable to trace the concerned file, he shall furnish an affidavit to the appellant thereby clearly indicating the efforts made by him for locating the said file, within the next 15 working days under intimation to the CIC.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
Neeraj Kumar Gupta (नीरजनीरज कु मार गु ा) ा Information Commissioner (सू सूचना आयु ) दनांक / Date : 28-01-2021 Authenticated true copy (अिभ मािणत स यािपत ित) S. C. Sharma (एस. सी. शमा),Dy. Registrar (उप-पंजीयक),(011-26105682) Page 2 of 3 Addresses of the parties:
1. CPIO M/o. Petroleum & Natural Gas Shastri Bhawan, New Delhi-110001
2. Siddhartha Mukherjee Page 3 of 3