Bapatla Prasad vs Bharat Petroleum Corporation Limited ... on 9 January, 2024

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Bapatla Prasad vs Bharat Petroleum Corporation Limited ... on 9 January, 2024

Bench: Heeralal Samariya

                                 के न्द्रीयसूचनाआयोग
                       Central Information Commission
                             बाबागंगनाथमागग, मुननरका
                       Baba Gangnath Marg, Munirka
                         नईदिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/BPCLD/A/2022/666407

Shri Bapatla Prasad                                        ... अपीलकताग/Appellant
                                 VERSUS/बनाम

PIO, BPCL                                              ...प्रनतवािीगण /Respondent

Date of Hearing                       :   09.01.2024
Date of Decision                      :   09.01.2024
Chief Information Commissioner        :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :       28.07.2022
PIO replied on                    :       22.08.2022
First Appeal filed on             :       06.09.2022
First Appellate Order on          :       03.10.2022
2 Appeal/complaint received on
 nd                               :       14.12.2022

Information sought

and background of the case:

The Appellant filed an RTI application dated 28.07.2022 seeking information on 8 points regarding maintenance of toilets at BPCL Petrol Pumps as under:

"a. Details of amount paid by BPCL for maintenance of toilets in your BPCL petrol bunks in West Godavari District for the customers general public use viz average payment per bunk per month b. What is the amount paid by BPCL for the periods 2019-20, 2020-21 and 2021-22 to Parvathi Energy Station, Ammapelam for the maintenance of toilets."

The CPIO/Deputy General Manager-B&NP (Retail), BPCL vide letter dated 22.08.2022 intimated the Appellant that the information sought is of commercial confidence and has no relationship to any public activity, hence denied under section 8(1)(d) and (j) of the RTI Act, 2005.

Dissatisfied with the response received from the CPIO, The Appellant filed a First Appeal dated 06.09.2022. The FAA/Head (Retail) South, BPCL vide order dated 03.10.2022 stated as under:-

Page 1 of 3

(a) Company pays to the Dealers Rs. 64.85 per kilo liter of petrol and Rs. 48.05 per kilo liter of Diesel sales for toilet maintenance. The toilet maintenance charges are part of dealer commission.

(b)to (f) Information sought is of commercial confidence hence denied under section 8(1)(d) and (j) of the RTI Act, 2005.

(g) and (h) Yes.

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

A written submission has been received from the CPIO and DGM Marketing (Retail), BPCL Andhra Pradesh and Telangana vide letter dated 04.01.2024, the relevant extracts of which are as under:

"With respect to the information or particulars sought as per questions Q.a,Q.b and Q.e it is submitted that the maintenance of the toilets in the retall outlets are being carried out by the Dealers. BPCL is not reimbursing any Toilet Maintenance Charges borne by the Dealer. Toilet Maintenance Charges are part of Dealer commission.

With regard to the Q. g and Q. h also the first appellant authority provided the response.

Inspections of the Retail Outlets are being carried out by the Sales Officer to whom the outlets are attached.

We further state that we have issued multiple warning letters to the Dealership based on these inspections or complaints.

With regard to the details on Penalty to be collected from dealers for non- maintenance of toilets, the matter is sub-judice as the dealers have approached Supreme Court on the toilet maintenance issue."

Facts emerging in Course of Hearing:

Appellant: Absent Respondent: Shri Rakesh Raikar, Sr Manager (Sales), BPCL, Vijaywada The Appellant remained absent during the hearing despite prior intimation.

Shri Rakesh Raikar stated that information as per available records has been provided at this stage vide their written submission dated 04.01.2024.

Decision:

In the light of the facts of the case and the submissions made by the Respondent, the Commission is of the view that appropriate response as per the provisions of Page 2 of 3 the RTI Act, 2005 has been provided at this stage as only such information that is held and available on the records of a public authority can be provided. The CPIO and DGM Marketing (Retail), BPCL Andhra Pradesh and Telangana is however directed to forward a copy of his written submission to the Appellant within 15 days from the date of this order for his perusal and necessary action.

The instant Second Appeal stands disposed off as such.

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

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