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Ashwani Kumar Sonkar vs Hindustan Petroleum Corporation ... on 27 October, 2023

Author: Uday Mahurkar

Bench: Uday Mahurkar

                                       के न्द्रीयसच
                                                  ू नाआयोग
                             Central Information Commission
                                     बाबागंगनाथमागग,मुननरका
                             Baba Gangnath Marg, Munirka
                               नईनिल्ली, New Delhi - 110067

द्वितीयअपीलसंख्या / Second Appeal No.:- CIC/HPCLD/A/2022/132370 -UM

Mr.ASHWANI KUMAR SONKAR

                                                                          ....अपीलकताा/Appellant

                                            VERSUS
                                              बनाम



CPIO
HINDUSTAN PETROLEUM CORPORATION LIMITED,
NODAL CPIO, RTI CELL, VARANASI RETAIL REGIONAL OFFICE,
2ND FLOOR, NORTH SQUARE, SHASTRI NAGAR, SIGRA,
VARANASI, UP-221002



                                                                      ..... प्रद्वतवादीगण /Respondent
Date of Hearing      :              26.10.2023
Date of Decision     :              27.10.2023



Date of RTI application                                                 17.02.2022
CPIO's response                                                         04.03.2022
Date of the First Appeal                                                22.03.2022
First Appellate Authority's response                                    09.04.2022
Date of diarized receipt of Appeal by the Commission                    07.07.2022

                                           ORDER

FACTS The Appellant vide RTI application sought information, as under:-

The PIO vide letter dated 04.3.2022 furnished a reply to the Appellant. Dissatisfied with the reply of the CPIO, the Appellant approached the FAA.The FAA vide order dated 09.04.2022, upheld the reply of the CPIO.

Thereafter, the Appellant filed a Second Appeal before the Commission.

HEARING:

Facts emerging during the hearing:

The following were present:

Appellant: Present in Person Respondent: Mr Deepak Rai DGM Present through AC The Appellant while reiterating the contents of the RTI Application submitted that he had sought information regarding the Retail Outlet dealership from Hindustan Petroleum Corporation Limited. He explained that he had applied for the same under SC Quota but his candidature for the dealership was rejected despite qualifying all the desired requirements. He said that the matter is also pending in the Delhi High Court, regarding which he had sought the information through the RTI Application. But misleading information has been provided to him on point no 2 &3 of the RTI Application, he said. He added that he was a B. Tech and further alleged that a co applicant for the said petrol pump was selected on insufficient and wrong grounds but his application was Page 2 of 3 rejected after he raised objection against him citing valid reasons. He said this proved all was not well with the selection process.

The Respondent in reply stated that the candidature of the Appellant was rejected due to certain reasons to do with the proposed location of the petrol pump. . As an effect the application amount was also refunded to him , he said and added that the Appellant had been called multiple times and explained as to why his application was rejected. He said that multiple times they have called the Appellant to their office and had also discussed the matter with him.

DECISION:

Keeping in view the facts of the case and the submissions made by both the parties, the Commission observes that the allotment of dealerships by HPCL should be conducted in a completely unbiased and fair manner. All eligible applicants should have an equal opportunity to be considered, without any form of discrimination or favoritism. The selection process should be transparent and based on clear, objective criteria, ensuring that it is free from any undue influence or bias. A commitment to fairness and impartiality is crucial in order to maintain trust and integrity in the allocation of HPCL dealerships. Therefore the Commission advises the concerned authority to ensure fairness in the allotment of petrol pump dealership as it is crucial for a competitive and just business environment. The Commission further strictly directs the CPIO to re- examine the RTI Application and furnish a point wise, correct information to the Appellant, strictly in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 21 days from the receipt of this order under the intimation to the Commission.

The Appeal stands disposed accordingly.

(Uday Mahurkar) (उदय माहूरकर) ू ना आयुक्त) (Information Commissioner) (सच Authenticated true copy (अद्विप्रमाद्वणत एवं सत्याद्वपत प्रद्वत) (R. K. Rao) (आर.के . राव) (Dy. Registrar) (उप-पंजीयक) 011-26182598 द्वदनांक / Date:27.10.2023 Page 3 of 3