RTI query - Can markers and dyes be used in Automotive Diesel Fuel?
3 Oct, 2012Background
The appellant filed an application under the Right to Information (RTI) Act with the Bureau of Indian Standards (BIS) seeking information related to the use of markers in Automotive Diesel Fuel. The appellant contented that vide notification dated 12.1.2007, the Ministry of Petroleum and Natural Gas has withdrawn the use of marker but the use of dyes still continues. The Public Information Officer (PIO) provided a point-wise reply. During the hearing before the Central Information commission (CIC), the respondent submitted that dyes were prescribed in the Standard by IS 1460 in 1995. This standard remained operative till 2005 when the BIS revised the standard permitting use of both dyes and marker in Automotive Diesel Fuel. The respondent submitted that a copy of the appeal memo was not given to them and thus they were unable to respond to it appropriately. The CIC handed over the copy of the appeal memo to the respondents and adjourned the matter. The Commission also observed that the appellant has raised complicated policy issues and from the perusal of the material on record, it is not very clear as to what information he is seeking from the Bureau of Indian standards. The Commission also asked the appellant to personally appear before the Commission for the second hearing to canvass his case.
Proceeding
During the second hearing before the CIC the respondent explained that the BIS had prescribed IS:1460 permitting use of marker or dye in automotive diesel fuel in 2005. This procedure is adopted for tracing out adulteration in the diesel. Later the Ministry of Petroleum and Natural Gas had issued the notification according to which if the marker is used by the Refinery then it should be such that no traces of marker are left in the fuel. The respondent also clarified that the BIS is an autonomous body and is not a part of the Government of India and that the Ministry has the authority to prescribe a standard which can be at variance with the standard prescribed by BIS. The appellant while filing the second appeal has contended that IOCL is misusing the BIS logo in issuing test reports as per IS:1460. The respondent stated that this allegation is not correct as even Indian Oil Corporation Limited (IOCL) is using the standard prescribed by BIS and it cannot be said to be the misuse of BIS logo.
View of CIC
The Commission rejected the appeal noting that the appellant was not present to canvass his case and the respondent has amply clarified the position.
Citation: Mr. Subhash Grover v. Bureau of Indian Standards in File No: CIC/LS/A/2012/000937
RTI Citation : RTIFI/2012/CIC/697
Click here to view original RTI order of Court / Information Commission