The land proposed by the Appellant for Kisan Seva Kendra dealership was declared as “ineligible” claiming that there is an intersection within 300 meters - Appellant asked whether this condition was mentioned in advertisement/ brochure - CIC: PIO to reply
The land proposed by the Appellant for Kisan Seva Kendra (KSK) dealership was declared as “ineligible” on the ground that the said land did not meet the norms as there is an intersection within 300 meters - Appellant asked whether this condition was mentioned in KSK brochure/advertisement, if so, specific page may be provided - CIC: very specific queries which need to be answered by the PIO in clear terms
The present appeal, filed by Shri Yogesh Singh Chauhan against Indian Oil Corporation Limited, was taken up for hearing on 30.01.2014 when the Respondents were present through Shri Aseem Tiwari, Chief Manager, Shri Umesh Bisht, Sr. I S Manager and Shri Abhishek Kumar, Law Officer. The Appellant was present in person.
2. The Appellant through an RTI application dated 11.04.2013 sought certain information with reference to letter dated 07.07.2011 by which the public authority had declared the land proposed by the Appellant for Kisan Seva Kendra (KSK) dealership “ineligible” on the ground that the said land did not meet the eligibility criteria of the Indian Road Congress (IRC) 2009 norms as there is an intersection within 300 meters. This application contained three queries which reads as follows:
“(i) Have you mentioned this condition in KSK brochure/advertisement, if yes then specify the page No and forward the copy of same page duly attested.
(ii) Have any objection raised by IRC, if yes, please forward the Evidence or copy. If, the objection observed by your committee only. Any chance have provided to the applicants for the same, if yes, please forward the evidence.
(iii) In addition to the above, there is a trisection, shape of which does not adheres the definition of intersection (gap from central median) as per IRC 2009. Hence, it is requested to forward a copy of survey/report, which proves that the section is an intersection as per sketchi/fig No. 5th IRC 2009.”
3. The CPIO vide his letter dated 08.05.2013 informed the Appellant that they have already furnished the information (on the subject issue) to him several times in response to his different RTI applications on the same issue and that they have also sent copy of complete file to him on the instant matter. As for the query related to brochure/advertisement, he stated that it is same for all applicants and is available to them. He also suggested that the Appellant can himself read the brochure/advertisement in question and draw his own conclusion on the matter.
4. Dissatisfied with the reply of the CPIO, the Appellant filed an appeal dated 03.06.2013 before the Appellate Authority which the Appellate Authority decided vide his order dated 17.07.2013 holding that the information has been provided to the Appellant. He however advised the Appellant to visit the office of Agra Division and take the desired information.
5. The Appellant however, aggrieved by the order of the Appellate Authority, filed the present appeal before the Commission.
6. Having heard the submissions and perused the records, the Commission notes that the Appellant in his RTI application had made very specific queries which need to be answered by the CPIO in clear terms as per the records available with the public authority. The CPIO is, therefore, hereby directed to furnish pointwise reply to the Appellant corresponding to his RTI application within 1 week of receipt of this order.
7. Appeal is disposed of with the above direction.
Chief Information Commissioner
Citation: Shri Yogesh Singh Chauhan v. Indian Oil Corporation Limited in Case No. CIC/LS/A/2013/001579SS