Greater
Kashmir: Srinagar: Wednesday, 18 February 2015.
The State
Information Commission (SIC) has directed Hindustan Petroleum Corporation
Limited (HPCL) to allow inspection of its LPG dumping sites in Srinagar and
Budgam by an information seeker under the provisions of State RTI Act.
The direction
came after an RTI application filed by Dr. Raja Muzzafar Bhat who in his appeal
had highlighted that most of the dumping sites of oil marketing companies in
J&K are located in populated areas.
Bhat had
filed application dated 13-05-2014 before Senior Regional Manager who is also
the Central Public Information Officer (CPIO), Hindustan Petroleum Corporation
Limited, Bari Brahmana Jammu.
Bhat had
sought details of retail LPG outlets allotted in various areas of Srinagar and
Budgam districts from 2011 to May 2014. The information seeker had asked for
permission to inspect LPG dumping sites in Srinagar and Budgam under the
provisions of section 2 (i) of J&K RTI Act, 2009.
However, he
was denied the permission and was also not provided requisite information. Dr
Bhat filed 1st appeal before the First Appellate Authority (FAA) i.e Executive
Director LPG , HPCL.
The appeal
was not heard by the FAA and the case landed in State Information Commission.
Bhat alleged in his 2nd appeal that the Senior Regional Manager cum CPIO of HPCL
Jammu did not discharge his statutory obligation to furnish the requisite
information within the prescribed period of 30 days and thus committed a
willful default within the meaning of the J&K RTI Act.
The main
contention of the appellant in his 2nd appeal was that the HPCL is guilty of
allowing dumping sites in densely populated areas of Srinagar and Jammu cities
and has thus put on risk the life and property of thousands of innocent
citizens and as such the information sought for is of utmost public importance
and the respondents can no longer absolve themselves from the statutory
responsibilities of providing the information.
“The
Commission in its wisdom believes that nobody should be condemned unheard and
an appellant should be given adequate and reasonable opportunity of being heard
before arriving at just conclusion while disposing of a matter. In the given
circumstances the CPIO (Sr Regional Manager) and Executive Director LPG of HPCL
(First Appellate Authority) are hereby directed to send another set of
information to the information seeker free of cost under a registered cover at
his residential address given in the RTI application within one week from the
date of pronouncement of this order,” SIC said in its order.
"The
CPIO is further directed to allow the appellant an opportunity to inspect all
the dumping sites of LPG outlets in various areas of Srinagar and Budgam
districts. The parties are at liberty to settle the date and time for
inspection of the dumping sites," the SIC said.
.JPG)
.JPG)
