Central Information Commission Judgements

Mrs. Shamul vs Hindustan Petroleum Corporation … on 19 August, 2008

Central Information Commission
Mrs. Shamul vs Hindustan Petroleum Corporation … on 19 August, 2008
               Central Information Commission
                            2nd Floor, August Kranti Bhawan,
                        Bhikaji Cama Place, New Delhi - 110 066
                                Website: www.cic.gov.in

                                                           Decision No.3094/IC(A)/2008
                                                            F. No.CIC/MA/A/2008/00893
                                                           Dated, the 19th August, 2008

Name of the Appellant:                  Mrs. Shamul

Name of the Public Authority:           Hindustan Petroleum Corporation Limited
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Facts

:

1. Both the parties were heard on 18/8/2008.

2. The appellant has asked for information in the form of various queries,
which relate to award of contracts and its execution and verification by the
respondent. In particular, the appellant has sought to know the details of award
of contracts to the contractors, who have quoted rates below the company’s SOR
offered rates.

3. During the hearing, he stated that it is not possible for the contractor to
ensure quality of civil work at the rates much below the estimated rates by the
respondent. He, therefore, pleaded for identification of the sites of petrol pumps,
which have been constructed by the contractors at the rates much below the
SOR rates offered by the respondent.

4. The CPIO stated that a point-wise response has already been given and
they can also provide the records of verification by the designated officials. He
also stated that for safety reasons, it may not be possible to allow the appellant
to take samples of construction materials for inspection and verification. He also
said that for obtaining sample of material used in construction of petrol pumps,
the permission of Explosive Department would have to be taken.

Decision:

5. An information seeker is free to seek and obtain sample of materials used
in any civil or electrical works, so as to determine the quality of work completed
by the contractors, in terms of the standards prescribed in the contract between

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“If you don’t ask, you don’t get.” – Mahatma Gandhi

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the parties. Accordingly, the CPIO is directed to allow the appellant to inspect
the civil work by obtaining the sample of materials used by the contractors. He
should accordingly identify the sites, which have been completed at the rates
below the SOR rates prescribed by the respondent.

6. The necessary permission of the Explosive Department should also be
obtained to ensure safety of the sites. Both the parties should cooperate in the
matter of allowing the appellant to ascertain and verifying the quality of civil work
services provided by the contractors within 15 working days from the date of
issue of this decision notice.

7. The appeal is thus disposed of.

Sd/-

(Prof. M.M. Ansari)
Central Information Commissioner ii

Authenticated true copy:

(M.C. Sharma)
Assistant Registrar

Name & address of Parties:

1. Mrs Shamul, 11/10, Indira Vikas Colony, Near Nirankari Colony, Delhi –

110 009.

2. Sh. D.K. Pattanaik, CRM & CPIO, Hindustan Petroleum Corporation
Limited, 6-7th floor, North Tower, Scope Minar, District Centre, Laxmi
Nagar, Delhi – 110 092.

3. Executive Director Retail & Appellate Authority, HPCL, Hindustan
Bhawan, 8 SV Marg, Ballard Estate, Mumbai – 400 001.

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“All men by nature desire to know.” – Aristotle

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