RTI Proof of payment
Proof of payment made by Indian Oil Corporation Ltd. against certain invoices raised by Supreme Advertising Private Limited was sought. The information sought relates to Petrotech-2016. The information is not available with IOCL, as all the records pertaining to the event were handed over to Federation of Indian Petroleum Industries (FIPI) after closing of Petrotech-2016. The PIO informed the CIC that all the payments, as raised by M/s. Supreme Advertising Private Limited for the work executed during the period related to Petrotech-2016, have been paid and there are no dues left on this account. However, the copies of documentary evidences in this regard cannot be provided, as the same is not available with IOCL. The CIC observed that the appellant is seeking information in his individual capacity from the IOCL regarding M/s. Supreme Advertising Private Limited. The appellant is clearly seeking the commercial information which pertains to third party and the appellant is not the authorized representative of SAPL to whom the information can be disclosed. The appellant had raised grievance with respect to some dispute of payment with SAPL (which is not a public authority). The information sought is of commercial nature between IOCL and SAPL. Nonetheless, the respondent has given the factual information to the appellant inspite of being third party information. The Commission further held that the information sought by the appellant in his RTI application is exempt from disclosure under Section 8(1)(d) read with Section 8(1)(j) of the RTI Act, the disclosure of which would harm the competitive position of third party.
Comments
It is not clear from the order whether the Hon’ble CIC had tried to verify whether the appellant was a representative of M/s. Supreme Advertising Private Limited before denying the information under Section 8(1)(d) read with Section 8(1)(j) of the RTI Act. The CIC has erred by not looking into the reasons why IOCL had already provided some information to the appellant despite being third party information. Further, the order does not mention who was supposed to hold the documents sought by the appellant, if at all they were to be retained.
Citation: Rohit Yajnik v. Indian Oil Corporation Limited in Second Appeal No. CIC/IOCLD/A/2019/118452, Date: 25-01-2021
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com
Forum Debate: Babu — 1 Mar 2021
DEBATE(1) BABU
I would like to opine that it is not a word that is abusive, it is the conduct, impression, and general opinion which matters. For example Mahatma Gandhi used word 'Harijan' for some SC section of the society. after some time the word 'Harijan' could not change the impression or opinion about the cast of the society.
Babu must have been a respectful word sometime in the past. But the conduct of the officers has degraded the impression over the period and hence become abusive. The Babus must behave to make it correct.
Om Prakash Parashar
“ Oh Kolkatta ”
Several States in line for assembly elections in quick succession, beginning with West Bengal in March end 2021. With bombs, land mines, murders, mayham, violence-free elections remain a pipe dream. The common man feels extremely jittery, distressed by the initial phase of electoral violence in west Bengal. Just the trailor.
Injecting venom of communalism into electoral rhetoric has exposed the political class. India’s secular credentials are at stake. With increasing number of rallies, mega rallies, road shows , the violence is bound to escalate as we go along. In absence of ethical code, politicians have no accountability. All consider themselves above law of the land. The political goons can get away after committing crimes. Rampant showmanship . Thoughtless bravado.
The Media has failed. There is no free press . The captive TV anchors and print journalists get paid for creating media hype and reading pre-scripted stories planted by paymasters. Open Secret.
Let voters exercise their right to franchise after carefully testing their political credentials. Let them rise above caste, community and religious considerations. Do not take these drama actors at face value. Politicians offering freebies, fake promises in manifestos and speeches, must be shown the door.
A K Saxena (A former civil servant)