Central Information Commission
Ranchhodbhai Bharvad vs Hindustan Petroleum Corporation ... on 16 May, 2025
Author: Heeralal Samariya
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/HPCLD/A/2024/612168
Shri Ranchhodbhai Bharvad ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Hindustan Petroleum Corporation Limited (HPCL)
Date of Hearing : 09.05.2025
Date of Decision : 09.05.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 04.01.2024
PIO replied on : 01.02.2024
First Appeal filed on : 17.02.2024
First Appellate Order on : 06.03.2024
2ndAppeal/complaint received on : Nil
Information soughtand background of the case:
The Appellant filed an RTI application dated 04.01.2024 seeking information on following points:-
"I am writing to request you to provide photocopy of official application form along with all accompanying documents submitted by applicants KHODABHAI POРАТBHAI BHARWAD (Application No. HPC16896023520326) and TRUPTIBEN SIDDHRAJ SINDHAV (Application No. HPC16891699023407) for the retail outlet dealership advertised by HPCL in the state of Gujarat on June 28, 2023. This advertisement specifically pertains to the location of Ahmedabad district having serial number 266, situated on Piplaj Bypass Road, starting, and ending on Ahmedabad-Dholka Highway (Piplaj-Pirana Road).
Furthermore, I am seeking copies of all additional documents submitted by KHODABHAI POPATBHAI BHARWAD (Application No. HPC16896023520326) upon being selected for the retail outlet dealership through a draw of lots on December 15, 2023.
In light of the impending deadline for raising objection, we urgently request to make information available as earliest as possible. Timely adherence to this requirement is imperative, and we earnestly seek your expeditious cooperation to facilitate the necessary reply within the stipulated timeframe.
Your prompt attention to this matter is highly appreciated, Please provide the requested information in accordance with legal requirements."
Page 1 The DGM-Retail Region & CPIO, Hindustan Petroleum Corporation Limited (HPCL), Mumbai vide letter dated 01.02.2024 replied as under:-
HPCL Ahmedabad Retail Region CPIO has carefully reviewed the query raised by you and observed that the information sought by you is treated as third- party information of the applicants with the Corporation, like the application form which includes date of birth, survey number of the land, land details, employment status, etc., these are personal information of the individual concerned, disclosure of which would cause an unwarranted invasion of privacy of the individual.
Moreover, the information sought is about the selected candidate for the location where the commissioning of that Retail Outlet is not yet completed. Please note that disclosure of any relevant information at this juncture may hamper the commissioning procedure, thus, it will be detrimental to the business interest of the Corporation and dealership candidate.
Further, the Central Public Information Officer (CPIO) does not find that there is any substantial public interest involved that warrants the disclosure of such information Therefore, it is exempted from disclosure under sections 8(1)(d) and section 8(1)(j) of the RTI Act 2005."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 17.02.2024. The FAA vide order dated 06.03.2024 stated as under:-
It is noted that, the appeal submitted by yourself as mentioned above appears to have been originated in view of your opinion that you have been denied the sought information by CPIO, under the provision of RTI Act 2005.
It is observed that The CPIO and DGM-Ahmedabad Retail Region Office, has responded and provided you a reply vide his letter ref: AHRO/SKA/RTI dated 01.02.2024.
Please note that the application forms and the annexures thereto pertaining to these candidate are treated as having commercial confidence by HPCL under Section 8(1)(d) of the RTI Act, 2005. Further, these documents relate to third party's personal information.
While we appreciate your request in seeking information, which include sensitive business information related to various Strategies formulated by the company for improvement in sales. Such information when disclosed, may harm the competitive position of the company where HPCL competes with other oil marketing companies and private oil and therefore merits Protection from disclosure u/s 8(1)(d) of the RTI Act 2005.
Considering the above aspects, your appeal is hereby disposed of without any instructions to the CPIO."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Page 2 Facts emerging in Course of Hearing:
Appellant: Present Respondent: Shri Siddhartha, DGM The CPIO vide written submission dated 25.4.2025 stated that sought information is held in commercial confidence related to third party and the disclosure of which would harm the competitive position of a third party further sought information related to personal information of individual and disclosure of which has no relationship to any public activity or Interest hence exempted under section 8(1)(d) and clause 8(1)(i) of the RTI Act,2005.
In this regards, we wish to took guidance from the order passed by Honorable CIC in second appeal no. CIC/HPCLD/A/2019/640563 and CIC/HPCLD/A/2019/640572, in the matter of Vigenshwaran Vs CPIO HPCL, wherein it was observe by Honorable CIC that "no larger public interest has been established in the matter and therefore, copy of the dealership application submitted by applicant which is personal in nature cannot be provided to the appellant as per the exemption u/Section 8(1)(j) of the RTI Act, 2005". We further humbly submitted to your honor that we took guidance from order passed by honorable CIC in matter of Shri Ram Kumar Rana v/s Indian Oil Corporation vide case file no. CIC/SH/A/2014/000821 dated 22.05.2015, which stated that disclosure of information pertaining to application forms of applicant or selected candidate is not required if selection process is yet not completed.
Also, guidance was drawn from order issued by honorable CIC in file no. CIC/SH/A/2014/002635 dated 05.01.2016 which stated that the CPIO should exclude information of personal nature concerning third parties such as their addresses, phone numbers, PAN, TAN, income tax details, bank account details and land records etc. Hence, revenue details of land records and other details submitted by applicants in their application form could not be shared with the complainant.
The reference drawn by the complainant to point xi on page 36 of DSG is unwarranted here as disclosure to third parties under this clause is subjective and as explained above, the information was not shared due to reasons as explained above.
We also humbly submit to the your honor that while the selection process for the location having serial number 266, situated on Piplaj Bypass Road, starting and ending on Ahmedabad-Dholka Highway (Piplaj- Pirana Road) is in progress, we had received a complaint raised by Shri Ranchod V Bharvad (RTI applicant as well), who is also a co-applicant in this location. This complaint is being processed under the Grievance Redressal System of the Dealer Selection Guidelines as annexed by the complainant with his appeal to the CIC. Also, it is hereby submitted that the complaint has also filed a case number SCA/2623/2024 in the hon'ble High Court, which is pending adjudication. It is once again reiterated that the complaint received under the Grievance Redressal System of the Dealer Selection Guidelines (DSG) as annexed by the complainant is under investigation by the competent authority and any order on the same has to be and shall be issued to the complainant separately as per DSG. Only after getting approval from Page 3 competent authority, we shall be able to proceed further in the matter of dealer selection in this location and as such current selection stands provisional as per DSG till the final closure of complaint made under Grievance Redressal system of DSG.
Decision:
Upon the perusal of the case records & submissions, the Commission observes that an appropriate reply has been provided by the CPIO. No further action lies.
The Appeal stands disposed off.
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 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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