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Gautam Chandra vs Hindustan Petroleum Corporation ... on 24 October, 2019

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The Appellant vide his RTI application sought information/clarifications on 07 points regarding the certified copy of Rules/Regulations followed by the Company for transfer of Gas Connection from one city to another city during the period 2016-17 and 2017-18 and other issues related thereto.

The CPIO, vide its letter dated 21.12.2017, provided a point-wise response to the Appellant. Dissatisfied by the response, the Appellant approached the FAA. The Order of the FAA, if any, is not on the record of the Commission.

HEARING:

Facts emerging during the hearing:

The following were present:

Appellant: Absent;

Respondent: Mr. Manoj Goyal, DGM through VC;

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K Balasubramaniam vs Oil & Natural Gas Corporation ... on 24 October, 2019

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The Appellant vide his RTI application sought information on 02 points regarding the Minimum Guarantee Offtake (MGO) quantity of APM Natural Gas fixed for GAIL (Indiia) Limited in Nariman Zone under "Take or Pay Clause" of Gas Supply Agreement entered with GAIL (India) Ltd. for the year ended 31.03.2015, 31.03.2016 and 31.03.2017, quantity of APM Natural Gas lifted by GAIL (India) Ltd., in Nariman Zone for the aforementioned period.

The CPIO, vide its response dated 02.02.2018 denied disclosure of information u/s 8 (1) (d) and

(e) of the RTI Act, 2005. Dissatisfied by the response of the CPIO, the Appellant approached the FAA. The FAA, vide its order dated 14.03.2018 concurred with the response of the CPIO.

K Balasubramaniam vs Gail (India) Limited on 24 October, 2019

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The Appellant vide his RTI application sought information on 02 points regarding the names of Natural Gas Consumers who had consumed Gas exceeding DNG (Daily Nominated Quantity) from 01.04.2018 to 30.09.2018 in Karaikal District of Puduchery; amount charged per SCM for the excess drawal of Natural gas over and above the DNQ for the aforementioned period, etc. The CPIO, vide its letter dated 30.10.2018 provided a copy of the comments received from the concerned Process Owner i.e., Corporate Marketing Department. Dissatisfied by the response, the Appellant approached the FAA. The FAA, vide its order dated 05.12.2018 denied the information u/s 8 (1) (d) of the RTI Act, 2005 since the disclosure of information could affect the competitive position/ business interest of GAIL and the Third Party.

Gaurab Nath vs Oil & Natural Gas Corporation ... on 24 October, 2019

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The Appellant vide his RTI application sought information regarding the status of refund of his application fee for Graduate Trainee Examination, 2013 which was scheduled to be held on 22nd June, 2014.

The CPIO, vide its letter dated 12.10.2017, stated that the details of the candidate have been verified and the amount would be refunded shortly. Dissatisfied by the response, the Appellant approached the FAA. The Order of the FAA is not on the record of the Commission. However, the CPIO, vide its letter dated 22.12.2017, informed that as advised by the FAA, the reply had been obtained from the Corporate R&P who in turn requested the Appellant for the bank details including Bank A/c No., IFSC Code and Address so that they could directly credit the amount on his Bank Account.

K Balasubramaniam vs Gail (India) Limited on 24 October, 2019

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The Appellant vide his RTI application sought information regarding the "quantity of gas procured from the following gas fields and supplied to Narimanam Gas Consumers during the year ended 31.03.2015:-

(a) Thiruvarur Field : ______________SCM: (b) Nannilam Field : ______________SCM: (c) Adaikamangalam Field : ______________SCM:

The CPIO, vide its letter dated 18.12.2018, furnished the information/comments, as received from the concerned process owner (i.e. GAIL, Karaikal) wherein it was informed that "the information sought by the Applicant was not available". Dissatisfied by the response, the Appellant approached the FAA. The FAA, vide its letter dated 15.01.2019, provided additional Page 1 of 4 point-wise response to the Appellant after receiving it from the process owner for additional inputs and clarification.

Pk Malhan vs Chief Commissioner Of Service ... on 24 October, 2019

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The Appellant vide his RTI application sought information on 13 points pertaining to the Central Excise/ CGST Zone, Chandigarh regarding the details of the revenue collected- Central Excise/ Service Tax, details of CENVAT utilized, etc in the format mentioned in the RTI application and issues related thereto.

The CPIO and Asst. Commissioner, Central GST Division- II, Amritsar vide its letter dated 30.10.2017 provided a point wise response to the Appellant. Dissatisfied by the response, the Appellant approached the FAA. The FAA, vide its order dated 12.12.2017 allowed inspection of records to the Appellant.

RTI - II File No. CIC/CCITC/A/2018/115990-BJ Date of RTI application 01.10.2017 CPIO's response 10.11.2017 Date of the First Appeal 20.11.2017 First Appellate Authority's response 12.12.2017 Date of diarised receipt of Appeal by the Commission 14.03.2018 FACTS:

Pawan Kumar Banta vs Bharat Sanchar Nigam Limited on 24 October, 2019

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The appellant has sought a copy of the complete file records related to landline No. 01772815489.

Grounds for Second Appeal The CPIO did not provide the desired information.

Submissions made by Appellant and Respondent during Hearing: The appellant submitted that the exemption claimed by the CPIO in his reply dated 16.03.2018 is not proper as due procedure u/s 11 of the RTI Act was not 1 followed by him at the relevant time before denying the requisite information. He further submitted that the procedure u/s 11 of the RTI Act which was followed by them after receipt of the CIC's hearing notice is delayed by more than a year.

The CPIO submitted than an appropriate reply was provided to the appellant on 16.03.2018 as the information is related to a third party who had also denied permission to part with his information vide his letter dated 24.09.2019 and a copy of the same was given to the appellant.

Shri Dipu Kumar Das vs Numaligarh Refinery Limited ... on 24 October, 2019

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The Appellant vide his RTI application sought information on 05 points regarding the copy of official letter received by NRL Management from him or Mrs. Basanti Das, his mother for shifting her to Dhansiri Guest House and issues related thereto.

The CPIO, vide its letter dated 25.01.2018 denied disclosure of information u/s 8 (1) (h) of the RTI Act, 2005 since it pertained to disciplinary proceedings which had not been finalized, till date. Dissatisfied due to non-receipt of any response from the CPIO, the Appellant approached the FAA. The FAA, vide its order dated 19.01.2018 advised the CPIO to forward another copy of the response provided to the Appellant within 10 days from the date of issue of the order.


Shri Dipu Kumar Das vs Numaligarh Refinery Limited ... on 24 October, 2019

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The Appellant vide his RTI application sought information 03 points regarding the date-wise details of written complaints received against him by NRL Management, for any type of official misconduct, since the date of joining in NRL, till date, along with the certified copy of the official complaint letters received by NRL Management as also the date-wise details of official action taken against him by the Respondent Public Authority.

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The CPIO, vide its letter dated 25.01.2018, provided a point-wise response to the Appellant wherein information sought was denied under Section 8(1)(h) of the RTI Act, 2005 since it pertained to a disciplinary proceeding which has not yet reached its finality. Dissatisfied by the response, the Appellant approached the FAA. The FAA, vide its order dated 19.01.2018, advised the CPIO to furnish the information sought in the RTI application dated 07.12.2017 within 10 working days from the date of issuance of the letter.

Shri Dipu Kumar Das vs Numaligarh Refinery Limited ... on 24 October, 2019

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The Appellant vide his RTI application sought information on 09 points regarding the name of the non-management staff of Motor Spirit Plant (MSP) of NRL who vacated the critical process plant in running conditions in the year 2013 when not a single engineering assistant (out of total 4) was present at site for almost 20 minutes in plant running conditions and issues related thereto.

The CPIO, vide its letter dated 29.01.2018 denied disclosure of information u/s 8 (1) (j) of the RTI Act, 2005. Dissatisfied due to non-receipt of any response from the CPIO, the Appellant approached the FAA. The FAA, vide its order dated 15.02.2018 requested the Appellant to contact him for fixing a date, time and venue as per mutual convenience for personal hearing. However, the order of the FAA, if any, is not on the record of the Commission.

Shri Dipu Kumar Das vs Numaligarh Refinery Limited ... on 24 October, 2019

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The Appellant vide his RTI application sought information on 03 points regarding the certified copy of official PMS Reports since his joining in NRL, till date; the certified copy of official KRA since his joining in NRL, till date along with the certified copy of official annual ratings from the year of his joining in NRL i.e. 2006, till date.

The CPIO, vide its letter dated 12.02,2018 stated that 50 RTI applications were received from the Appellant within a span of one and a half months wherein large amount of information was sought which did not have any relationship to any public interest and efforts to provide the information would disproportionately divert the resources of the Public Authority without serving any larger public interest. Dissatisfied by the response, the Appellant approached the FAA. The FAA, vide its order dated 19.01.2018, advised the CPIO to furnish the information sought in the RTI application dated 07.12.2017 within 10 working days from the date of issuance of this letter.

Shri Dipu Kumar Das vs Numaligarh Refinery Limited ... on 24 October, 2019

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The Appellant vide his RTI application sought information on 04 points regarding the current organogram of various departments/ operations department of NRL; Name, designation, role and responsibilities of officers of NRL and issues related thereto.

The CPIO, vide its letter dated 12.02.2018 stated that 50 RTI applications were received from the Appellant within a span of one and a half months wherein large amount of information was sought which did not have any relationship to any public interest and efforts to provide the information would disproportionately divert the resources of the Public Authority without serving any larger public interest. Dissatisfied due to non-receipt of any response within the stipulated time period, the Appellant approached the FAA. The FAA, vide its letter dated 15.02.2018 requested the Appellant to contact him for fixing a date, time and venue as per mutual convenience for personal hearing. However, the order of the FAA, if any, is not on the record of the Commission.

Shri Dipu Kumar Das vs Numaligarh Refinery Limited ... on 24 October, 2019

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The Appellant vide his RTI application sought information on 03 points regarding all official correspondences made from the O/o the PIO, NRL from 07.12.2017 till 15.12.2017 for forwarding his RTI applications (submitted on 07.12.2017 and 11.12.2017) to various internal departments of NRL; official logbooks relating to the aforementioned RTI applications; action taken and daily progress reports on the aforementioned RTI applications.

The CPIO, vide its letter dated 12.02,2018 stated that 50 RTI applications were received from the Appellant within a span of one and a half months wherein large amount of information was sought which did not have any relationship to any public interest and efforts to provide the information would disproportionately divert the resources of the Public Authority without serving any larger public interest. Dissatisfied by the response, the Appellant approached the FAA. The FAA, vide its letter dated 15.02.2018 requested the Appellant to contact him for fixing a date, time and venue as per mutual convenience for personal hearing. However, the order of the FAA, if any, is not on the record of the Commission.

Shri Dipu Kumar Das vs Numaligarh Refinery Limited ... on 24 October, 2019

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The Appellant vide his RTI application sought information on 09 points regarding the major fire accidents in NRL alongwith the dates and cause of major fire which led to shutdown of various process plants in NRL since 01.01.2000 till 10.12.2017; date of formation of internal departmental enquiry committee and date of submission of report by the enquiry committee to assess the damage and cause of fire for the aforementioned period, and issues related thereto.

The CPIO, vide its letter dated 12.02.2018 stated that 50 RTI applications were received from the Appellant within a span of one and a half months wherein large amount of information was sought which did not have any relationship to any public interest and efforts to provide the information would disproportionately divert the resources of the Public Authority without serving any larger public interest. Dissatisfied due to non-receipt of any response within the stipulated time period, the Appellant approached the FAA. The FAA, vide its letter dated 15.02.2018 requested the Appellant to contact him for fixing a date, time and venue as per mutual convenience for personal hearing. However, the order of the FAA, if any, is not on the record of the Commission.

Shri Dipu Kumar Das vs Numaligarh Refinery Limited ... on 24 October, 2019

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The Appellant vide his RTI application sought information on 11points regarding the standard procedure followed by employees of NRL for booking a room in Dhansiri Guest House of NRL Township, maximum number of permissible days for continuously booking a room in the aforementioned guest house, etc. The CPIO, vide its letter dated 07.02.2018 provided a point wise response to the Appellant. Dissatisfied due to non-receipt of any response from the CPIO, the Appellant approached the FAA. The FAA, vide its order dated 19.01.2018 advised the CPIO to forward another copy of the response provided to the Appellant within 10 days from the date of issue of the order.

HEARING:

Facts emerging during the hearing:


Vinod Agrawal vs Bharat Petroleum Corporation ... on 24 October, 2019

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The Appellant vide his RTI application sought information on 03 points in respect of M/s Daanta Filling Station, Jaipur, situated in Vaishali Nagar, the details of rent initially paid by the said retailer during the opening of the outlet; the details of the property taken on lease basis by the Company behind their current outlet as also the details of rent thereof, etc. The CPIO, vide its letter dated 20.12.2017, denied disclosure of information under Section 8(1)

(d) and (j) of the RTI Act, 2005. Dissatisfied by the response, the Appellant approached the FAA. The FAA, vide its order dated 07.02.2018, upheld the CPIO's response.

HEARING:

Facts emerging during the hearing:

The following were present:

Ravindra Dongey vs Ministry Of Health & Family ... on 24 October, 2019

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The Appellant vide his RTI application sought information on 02 points regarding the action taken on his representation dated 04.11.2017 and 12.12.2017, etc. The CPIO, D/o Health and Family Welfare, RTI Cell, vide its letter dated 12.01.2018, transferred the RTI application to Additional DDG(HQ), under Section 6(3) of the RTI Act, 2005, for necessary action at their end. Dissatisfied due to non-receipt of any response from the concerned CPIO, the Appellant approached the FAA. The Order of the FAA, if any, is not on the record of the Commission. However, the Section Officer-in-charge, D/o Health and Family Welfare, RTI Cell, forwarded the First Appeal dated 17.02.2018 of the Appellant to Additional DDG (HQ), New Delhi.

Samander Singh vs Hindustan Petroleum Corporation ... on 24 October, 2019

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The Appellant vide his RTI application sought information on 03 points regarding the copy of permission of Marketing Director for issuance of Show Cause Notice dated 28.10.2014; copy of permission for Show Cause Notice dated 21.08.2015 from the Director Marketing; copy of permission by Director Marketing for termination of the dealership on 04.08.2017.

The CPIO, vide its letter dated 27.09.2017, while relying upon the decision of the Commission in Case No. CIC/SH/A/2016 dated 18.07.2017, denied disclosure of information under Section 8(1)

(d) of the RTI Act, 2005. It was further informed that a Writ Petition was filed in the Hon'ble High Court of Jabalpur in WP No. 12224 of 2017, in respect of termination of dealership of M/s Maa Gayatri Filling Station and the matter is sub-judice. Dissatisfied by the response, the Appellant approached the FAA. The FAA, vide its order dated 10.01.2018, upheld the CPIO's response.

Shamshad Hussain Qureshi vs Chief Commissioner Of Income Tax ... on 24 October, 2019

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The Appellant vide his RTI application sought information on 02 points regarding the details of tax paid by M/s Shaan Contractor and Suppliers for the contract executed by the said contractor with Municipal Council, Sambhal, for purchase of equipment/repair and construction of pipe lines and for supply of insecticides during the period 2014-15, etc. Dissatisfied due to non-receipt of any response from the CPIO, the Appellant approached the FAA. The reply of the CPIO/ order of the FAA, if any, is not on the record of the Commission.

HEARING:

Facts emerging during the hearing:

The following were present:

Appellant: Mr. Shamshad Hussain Qureshi through VC;

Respondent: Mr. Surendra Verma, ITO through VC;

Vipin Punjabi vs South Eastern Coalfields Ltd. on 25 October, 2019

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