Details of approval given to IS Standard 4576 was denied stating that the IOCL was not the authority concerned for issuing BIS certificate - CIC: U/s 6(3), the PIO to transfer the RTI application to the BIS, within five days of the receipt of this order
Information regarding the details of the approval given to IS Standard 4576 was denied stating that the IOCL was not the authority concerned for issuing BIS certificate - Respondents submitted that such standards are not approved by them, but by BIS - CIC: The PIO directed to transfer the RTI application to the BIS, within five days of the receipt of this order u/s 6 (3) of the RTI Act
This matter concerns an RTI application filed by the Appellant, seeking information on two points regarding the confirmation of IS standard 4576 in respect of LPG and details of consumers who had given up their LPG subsidy.
The CPIO reply The CPIO denied the information on point No. 1, stating that it was not clear and IOCL was not the authority for issuing the BIS certificate. Regarding point No. 2, he stated that the query was based on a report published in media, which was beyond the purview of section 2 (f) of the RTI Act. However, he provided the number of Respondents’ consumers who had opted out of availing subsidy on LPG cylinders.
Grounds of the First Appeal
No information provided.
Order of the First Appellate Authority
No order passed.
Grounds of the Second Appeal
No information provided on point No. 1.
Relevant facts emerging during the Hearing, Discussion and Decision
The Appellant stated that he wished to pursue only point No. 1 of his RTI application, at which he had sought information regarding the details of the approval / confirmation given by the departments concerned to IS Standard 4576. He submitted that the CPIO denied the information by stating that the IOCL was not the authority concerned for issuing BIS certificate. The Appellant claimed that the above standard which, according to the Respondents, is followed by them, has not been approved by any competent authority and, therefore, the Respondents have been wrong in following it.
2. The Respondents submitted that such standards are not approved by them, but by BIS. Therefore, in our view, logically speaking the information concerning approval to the above standard should be available with the BIS, in case an approval was accorded by them to the same. Therefore, the CPIO is directed to transfer point No. 1 of the RTI application dated 4.1.2016, by name to the CPIO concerned of BIS, within five days of the receipt of this order, under intimation to the Appellant and the Commission. The transfer should be made under Section 6 (3) of the RTI Act. The CPIO concerned of BIS is directed to provide the information sought by the Appellant at point No. 1, free of charge, within fifteen days of receiving it from the CPIO of the Respondents, under intimation to the Commission. The Appellant shall be at liberty to pursue the appeals process under Section 19 of the RTI Act, in case he is not satisfied with the reply of the CPIO of BIS.
3. With the above directions and observations, the appeal is disposed of.
4. Copies of this order be given free of cost to the parties.
Citation: Shri Mahendra Kumar v. Indian Oil Corporation Limited in File No. CIC/SH/A/2016/001247 Date of decision: 20th July 2017