Information about Fixed Deposit amount submitted to the HPCL for retail outlet dealership - Appellant: it is a decisive criteria for qualifying - CIC: provide the check list containing whether a particular candidate fulfills the said eligibility criteria
19 Mar, 2014ORDER
This appeal was earlier heard on 27.01.2014 in the presence of the Appellant and was adjourned to toady i.e. 21.02.2014 for the Respondents to make their submissions.
2. The appeal was according heard on 27.01.2014 when the Respondents were present through Shri Brajesh Kumar Singh, Dy. Manager RE& MIS and Shri Hariharan, Dy. GM. The Appellant was however not present.
3. In this case the Appellant had filed an RTI application dated 03.05.2013 before the CPIO, HPCL, Patna wherein he requested for copies of all the documents (except the document related to bank account no., PAN, TIN, FD) submitted by one Shri Rakesh Sharan to the public authority for retail outlet dealership at NH 101 Bhagwanpur Hat, Siwan. He also sought to know the action taken on the complaints filed against the selection of the candidate for grant of said outlet dealership. The CPIO vide his letter dated 31.05.2013, while mentioning that information sought by the Appellant falls under the exemption category of section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of the RTI Act, agreed to provide certain information (i.e. name, age, education, experience of the candidate) to the Appellant and accordingly requested him to deposit requisite fee for supply of said information to him. However, in respect of information, such as details of bank account, asset. PAN, TIN etc., he stated that this information can be given only after the consent of the third party, who is being consulted under section 11(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: of the RTI Act. As for action taken on complaints filed against selection of the candidate for grant of said outlet dealership, he informed the Appellant that no information can be given at this stage as the complaints are still under inquiry. The Appellant thereafter filed an appeal dated 20.06.2013 before the Appellate Authority which the Appellate Authority disposed of vide his order dated 25.06.2013 observing that details of bank account, assets, PAN/IN etc. of the candidates are commercially confidential information which cannot be given under section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; and 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; of the RTI Act. He however mentioned that a notice under section 11(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: has been issued to third party concerned and that a reply shall be given to the Appellant by the CPIO on receipt of the response from the third party.
4. The Appellant during the hearing held on 27.01.2014 had made following submission as recorded at para 5 of the Commission’s interim order dated 27.01.2014: “…appellant has argued that the information about Fixed Deposit amount is a decisive criteria for qualifying which affects him and therefore needs to be disclosed. Admittedly, it is the eligibility document. It is also the submission of the appellant that the third party notice issued by the respondent is incorrect. Appellant has referred the advertisement issued by the respondents themselves in which they have stated that the information documents submitted by applicants is to be given.”
5. During the hearing today, the Respondents, while admitting that the Fixed Deposit amount is one of the eligibility criteria for selection of the candidate for grant of retail outfit dealership, state that they maintain a check list which contains the information as to whether a particular candidate fulfills the said eligibility criteria or not. This information they can provide to the Appellant.
6. In view of the above, the Commission hereby directs the CPIO to furnish the above identified information (para 5) to the Appellant within 2 week of receipt of this order.
7. Appeal is disposed of with the above direction.
(Sushma Singh)
Chief Information Commissioner
Citation: Shri Anupam Kumar v. Hindustan Petroleum Corporation Limited in Case No. CIC/SS/A/2013/002643