Copy of the nomination form executed by late father

Appellant sought copy of nomination form E2 and F2 allegedly executed by her late father with Bharat Petroleum Corporation Limited raising concerns regarding the authenticity of a document, executed by her late father. The said document is crucial for the reconstitution of an LPG distributorship associated with BPCL. The respondent stated that the requested information could not be disclosed under the provisions of Section 8(1)(e) and Section 8(1)(j) of the RTI Act. The CIC observed that the appellant is the daughter and heir of the late Shri Bharatkumar Mohanlal Suchak and has been unwittingly included in the indemnity clause of Annexure E2, which was supposedly executed by her late father. Holding that this clause effectively makes her a party to the document, the CIC directed that she is not considered as third party, and is entitled to request and receive a copy of the same.

Comments

The RTI Act has often been used by individuals in commercial disputes to obtain certain information to build a case. The applicant has to show either the information is not personal or has to establish that there is larger public interest in disclosure.

Citation: Ms. Sharmila Bharatkumar Suchak v. Bharat Petroleum Corporation Limited, CIC/BPCLD/A/2022/117952 –UM; Date of Decision: 02.11.2023

Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com