Application addressed to a private gas distributor - The Manager had informed the appellant that the gas service was not a ‘public authority’ – CIC: private distributors are not public authorities u/s 2(h) - not bound to respond to RTI queries
1. The appellant had addressed the RTI application dated 01.11.2012 to the Manager, M/s Balaji Gas Service, Sardana, Meerut, seeking information on two points, viz. the number of delivery boys hired by the distributor during 2008-09 and the number of connections blocked during the said period. The Manager of the said gas agency vide letter dated 17.11.2012 had informed the appellant that the gas service was not a ‘public authority’ and was, therefore, not bound to reply to the queries under the RTI Act.
2. Suffice to say that OMCs, viz. IOCL/ BPCL/ HPCL, are public authorities. The private distributors are not public authorities under section 2(h) “public authority” means any authority or body or institution of self-government established or constituted (a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature; (d) by notification issued or order made by the appropriate Government, and includes any- (i) body owned, controlled or substantially financed; (ii) non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government; of the RTI Act and are, therefore, not bound to respond to RTI queries.
3. The appeal is mis-conceived. Dismissed.
( M.L. Sharma )
Citation: Shri Udeyveer Singh v. Bharat Petroleum Corporation Ltd in File No:CIC/LS/A/2013/001002