Moneylife: Pune: Friday, 13th June 2025.
The central information
commission has ruled that information regarding the licensing and suspension
status of high-density polyethylene (HDPE) pipes used for potable water must be
disclosed under the Right to Information (RTI) Act, as it is a matter of grave
public health concern.
HDPE piping systems have been used for municipal water applications for over 50 years and their quality is of prime importance for ensuring passage of safe potable drinking water to cities and towns. RTI applicant Mahesh Mamindla had sought the license status and details of any suspension or revocation concerning Vijaya Polymers India Pvt Ltd, a licensee of BIS, which manufactures polyethylene pipes for potable water supplies.
Central information commissioner (CIC) Heeralal Samariya in his 2 June 2025 order, observed that the bureau of Indian standards (BIS) is responsible for licensing and certifying the quality of HDPE pipes. Any failure to comply with safety and quality standards can directly affect public health and therefore such information is critical for citizens.
RTI applicant Mamindla particularly sought information on the current status of Vijaya Polymer’s BIS license, details of any past suspensions of the license, including the reasons, duration, and copies of suspension notices or relevant correspondence, and; information on how any such suspensions were revoked, including the process followed and any conditions imposed during the revocation. Predictably, the central public information officer (CPIO) of BIS refused to provide the details. The first appellate authority (FAA) too upheld the CPIO’s reply.
CIC Samariya noted in his order, that the data requested in the RTI application is crucial for “protecting public health and preventing the use of substandard HDPE pipes”. He held that the public interest in disclosing this information outweighs any harm to commercial or personal interests which are protected under sections 8(1)(d) and 8(1)(j) of the RTI Act.
CIC Samariya directed the CPIO to revisit the RTI application and provide the requested details of suspension notices as available in the records. He ordered that the information must be supplied free of cost via speed post within 30 days of receiving the order. He has also demanded a compliance report from the CPIO.
In addition, CIC Samariya advised the public authority (that is the BIS) to implement section 4 disclosures voluntarily to ensure that information related to the status of licenses issued by it is regularly updated on the official website. Any changes or updates must also be promptly reflected in the public domain for the benefit of the public.
The RTI Application
RTI applicant Mamindla had requested the following details:
The CIC Hearing
During the hearing, which took place via video conference, the RTI applicant argued that the license status and details of suspension or revocation regarding M/s Vijaya Polymers India Pvt Ltd a BIS licensee for HDPE pipes used in drinking water supply were not available on the link provided by the PIO.
The CPIO maintained that the license status is already available on the BIS website and reiterated that the remaining details involved commercial and personal third-party information, which is exempt under the RTI Act.
However, RTI applicant Mamindla contested the PIO’s use of exemption clauses, stating that such information should be publicly accessible, especially when it pertains to products affecting public health. He demanded that a penalty be imposed on the PIO for obstructing the flow of information.
Final Decision
After reviewing the case and hearing both parties, CIC Samariya concluded that the requested information particularly concerning the suspension and revocation of the license is in the public interest. Since these HDPE pipes are used in critical applications such as supplying drinking water, disclosure of such information is essential for ensuring public safety.
The commission held that public interest in transparency overrides the exemptions claimed under sections 8(1)(d) and 8(1)(j). Accordingly, the PIO has been ordered to provide the relevant information as specified in the RTI application.
HDPE piping systems have been used for municipal water applications for over 50 years and their quality is of prime importance for ensuring passage of safe potable drinking water to cities and towns. RTI applicant Mahesh Mamindla had sought the license status and details of any suspension or revocation concerning Vijaya Polymers India Pvt Ltd, a licensee of BIS, which manufactures polyethylene pipes for potable water supplies.
Central information commissioner (CIC) Heeralal Samariya in his 2 June 2025 order, observed that the bureau of Indian standards (BIS) is responsible for licensing and certifying the quality of HDPE pipes. Any failure to comply with safety and quality standards can directly affect public health and therefore such information is critical for citizens.
RTI applicant Mamindla particularly sought information on the current status of Vijaya Polymer’s BIS license, details of any past suspensions of the license, including the reasons, duration, and copies of suspension notices or relevant correspondence, and; information on how any such suspensions were revoked, including the process followed and any conditions imposed during the revocation. Predictably, the central public information officer (CPIO) of BIS refused to provide the details. The first appellate authority (FAA) too upheld the CPIO’s reply.
CIC Samariya noted in his order, that the data requested in the RTI application is crucial for “protecting public health and preventing the use of substandard HDPE pipes”. He held that the public interest in disclosing this information outweighs any harm to commercial or personal interests which are protected under sections 8(1)(d) and 8(1)(j) of the RTI Act.
CIC Samariya directed the CPIO to revisit the RTI application and provide the requested details of suspension notices as available in the records. He ordered that the information must be supplied free of cost via speed post within 30 days of receiving the order. He has also demanded a compliance report from the CPIO.
In addition, CIC Samariya advised the public authority (that is the BIS) to implement section 4 disclosures voluntarily to ensure that information related to the status of licenses issued by it is regularly updated on the official website. Any changes or updates must also be promptly reflected in the public domain for the benefit of the public.
The RTI Application
RTI applicant Mamindla had requested the following details:
- Current status of the license held by M/s Vijaya Polymers India Pvt Ltd with the BIS.
- Records of any past suspensions of the company’s license.
- Details of such suspensions, including reasons, duration, and copies of suspension notices or related correspondence.
- Information about how any suspensions were revoked, the process followed, and any conditions imposed upon revocation.
- The license status can be
checked on the BIS website (www.bis.gov.in) or via the BIS Care app. The
license was currently active. 2–4.
- The remaining information was denied under sections 8(1)(d) and 8(1)(j) of the RTI Act.
The CIC Hearing
During the hearing, which took place via video conference, the RTI applicant argued that the license status and details of suspension or revocation regarding M/s Vijaya Polymers India Pvt Ltd a BIS licensee for HDPE pipes used in drinking water supply were not available on the link provided by the PIO.
The CPIO maintained that the license status is already available on the BIS website and reiterated that the remaining details involved commercial and personal third-party information, which is exempt under the RTI Act.
However, RTI applicant Mamindla contested the PIO’s use of exemption clauses, stating that such information should be publicly accessible, especially when it pertains to products affecting public health. He demanded that a penalty be imposed on the PIO for obstructing the flow of information.
Final Decision
After reviewing the case and hearing both parties, CIC Samariya concluded that the requested information particularly concerning the suspension and revocation of the license is in the public interest. Since these HDPE pipes are used in critical applications such as supplying drinking water, disclosure of such information is essential for ensuring public safety.
The commission held that public interest in transparency overrides the exemptions claimed under sections 8(1)(d) and 8(1)(j). Accordingly, the PIO has been ordered to provide the relevant information as specified in the RTI application.
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