Central Information Commission Judgements

Shri Ashish Kumar Roy Choudhury vs Ministry Of Petroleum & Natural … on 25 August, 2008

Central Information Commission
Shri Ashish Kumar Roy Choudhury vs Ministry Of Petroleum & Natural … on 25 August, 2008
                      Central Information Commission
                           2nd Floor, August Kranti Bhawan,
                        Bhikaji Cama Place, New Delhi-110066
                                Website: www.cic.gov.in

                                                          Decision No. 3134 /IC(A)/2008

                                                     F. No. CIC/MA/A/2008/00958 & 960

                                                            Dated, the 25th August, 2008

Name of the Appellant               :       Shri Ashish Kumar Roy Choudhury

Name of the Public Authority        :       (1) Ministry of Petroleum & Natural Gas
                                            (2) Indian Oil Corporation Ltd.


Facts

:

1. Both the parties were heard on 22.08.2008.

2. The appellant has filed two separate appeals, which are examined together.

The appellant stated the CPIO has not furnished complete information regarding
allotment of a retail outlet in 2007. Specifically, he desired to know as to how the
Selection Committee awarded marks under different criteria / guidelines framed by
the Government.

3. The CPIO stated that information relating to the selection process have been
furnished on the basis of available records. He was however unable to response as
to how the marks were awarded by the members of the Selection Committee.
Information in respect of such a query was not available or maintained, he said.

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If you don’t ask, you don’t get – Mahatma Gandhi

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4. In another appeal, the appellant has sought for action taken report on a
representation submitted by WBPDA to the Ministry of Petroleum & Natural Gas.
The CPIO stated that the application for information was submitted to the Ministry,
which asked the CPIO, Indian Oil Corporation Ltd. to furnish information in respect of
specific points, but the above information was not included. He has therefore not
replied on this particular issue of Action Taken Report (ATR) on the said
representation.

Decision:

5. As regards the information relating to allotment of retail outlet, the CPIO has
duly furnished the information. He is however not expected to answer such queries
as why and how the Selection Committee awarded marks under different
parameters. The outcome of selection process and related details have been
disclosed.

6. In so far as information relating to ATR on appellant’s representation to the
Ministry, the appellant is advised to directly approach the respondent for required
information. He ought not adopt a circuitous method to seek information about a
public authority through another one. In the instant case, information about IOCL
have been sought through the Ministry of Petroleum & Natural Gas, which is not
proper.

7. An information seeker should ascertain the availability of information from the
custodian of information and accordingly ask for specific information u/s 2 (f) of the
Act rather than raising issues on presumptions basis and venture on fishing spree
for information. The parties are accordingly advised.

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All men by nature desire to know – Aristotle
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8. With these observations, both the appeals are disposed of.

Sd/-

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

Authenticated true copy:

(M.C. Sharma)
Assistant Registrar

Name and address of parties:

1. Shri Ashish Kumar Roy Choudhury, House No. 13-B, Mahendra Chatterjee
Lane, Kolkata-700046.

2. Shri Prem Kumar, Under Secretary & CPIO, Ministry of Petroleum & Natural
Gas, Information Cell, Shastri Bhawan, New Delhi-110001. (Ref.
No.4453/20070Inf.Cell(Dist.) Dt. 4.3.08).

3. Shri D.Sen, Executive Director & CPIO, Indian Oil Corporation Ltd., West
Bengal State Office, Indian Oil Bhawan, 2, Gariahat Raod (South), Kolkata-
700068 (Ref. No. WBSO/R/RTI/2008 Dt. 1.4.08).

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