Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CIC) 5040

CENTRAL INFORMATION COMMISSION
Jaya Varma Sinha, Information Commissioner
Sunil Bansal – Appellant
Versus
Cpio Bharat Petroleum Corporation Ltd – Respondent
CIC/BPCLD/A/2025/109624/BSNLD

Advocates:
For the Appellants/Petitioners:
For the Respondents: Rameshwar Sharma, Sanjay Chugh

The Central Information Commission determined that the bench lacked the necessary jurisdiction to adjudicate an appeal concerning a public sector undertaking under the Ministry of Petroleum and Natural Gas, necessitating a transfer to the appropriate competent bench.

Headnote:(A) Right to Information Act, 2005 - Section 8(1)(d) and 8(1)(j) - Disclosure of information - Commercial confidence - RTI application filed seeking various operational and tender-related information regarding LPG transportation - Information denied on grounds of commercial confidence and personal information - Held, the Commission noted that the bench lacks jurisdiction over matters pertaining to the Ministry of Petroleum and Natural Gas. (Paras 1, 2, 6, 7)

Facts of the case:
The Appellant filed an RTI application seeking information regarding tender guidelines, letters of interest, and operational details of LPG truck transportation at the Bharat Petroleum Corporation Ltd (BPCL) Lalru Plant. The CPIO denied most information, citing commercial confidence and third-party privacy. The First Appellate Authority upheld the CPIO's decision. The Appellant then filed a Second Appeal before the Commission.

Findings of Court:
The Commission observed that the case relates to a public sector undertaking under the Ministry of Petroleum and Natural Gas, over which the present bench lacks jurisdiction.

Issues: Whether the CPIO was justified in denying the information requested under the RTI Act, 2005.

Ratio Decidendi: Since the subject matter falls under the jurisdiction of a different ministry, the Commission determined that it does not have the authority to adjudicate the matter and ordered the transfer of the case to the appropriate bench.

Result: The appeal is adjourned and transferred to the competent bench.

Table of Content
1. summary of rti application, departmental responses, and preliminary appeal history. (Para 1 , 2 , 3 , 4 , 5)
2. lack of subject-matter jurisdiction necessitates the transfer of the appeal to the competent bench. (Para 6 , 7)

Relevant facts emerging from appeal:

RTI application filed on : 11.11.2024

CPIO replied on : 31.12.2024

First appeal filed on : 10.01.2025

First Appellate Authority’s order : 06.02.2025

2nd Appeal dated : 18.03.2025

Information sought:

1. The Appellant filed an RTI application dated 11.11.2024(offline) seeking the following information:

“(a) Please confirm whether it is correct or not that Bharat Petroleum Corporation Limited is bound to adhere the guidelines strictly issued from time to time by the Ministry of Petroleum & Natural Gases, Government of India, New Delhi OR Bharat Petroleum Corporation Limited is free to make any self styled guidelines while publishing public tenders including the tenders for transportation of packed LPG all across the country, union states and territories of India.

(b) Please confirm whether it is correct or not that the Tender No. BPCL/LPG/PKD/LALRU/2023-28 for transportation of Packed LPG ex Lalru Plant is issued in the strict lines and guidelines issued by the Ministry of Petroleum & Natural Gases, Government of India, New Delhi.

(c) Please confirm whether it is correct or not that Bharat Petroleum Corporation Limited issued letter reference no. BPCL/LPC/PKD/NR/2023-28/Lalru dated 26.09.2022 to all Bharat Gas Distributors seeking expression of interest (EOI) on or before 10.10.2022 for engagement of Box Lorries for packed LPG cylinders transportation ex- BPCL Lalru LPG filling Plant; prior to floating a public tender no. BPCL/LPC/PKD/LALRU/2023-28 for transportation of Packed LPG.

1) If yes, kindly arrange to supply a true copy of the aforesaid letter no. BPCL/LPC/PKD/NR/2023-28/Lairu dated 26.09.2022 along with copies of its response submitted by all LPG Distributors within the stipulated time and details of EMD submitted as specified in EOI format AND if any letter other than aforesaid letter no. BPCL/LPG/PKD/NR/2023-28/Lairu dated, 26.09.2022 pertaining to engagement of box lorries for packed LPG cylinders transportation ex BPCL Lairu Plant before floating of the Tender No BPCL/LPG/PKD/LALRU/2023-28 has ever been issued, kindly provide a copy thereof,

ii) Please confirm whether along with the aforesaid letter no. BPCL/LPC/PKD/NR/2023-28/Lalru dated 26.09.2022, BPCL also supplied a format of EOI to all distributors advising self styled reply as desired by BPCL

iii) Please confirm whether the said letter no.BPCL/LPC/PKD/NR/2023-28/Lalru dated 26.09.2022 seeking expression of interest for Box Lorries from the distributors was issued strictly in lines of the guidelines and procedures laid down by the Hon'ble Ministry of Petroleum & Natural Gases, Government of India, New Delhi in this regard. If yes, please provide an authenticated copy of such guidelines issued by the Hon'ble Ministry of Petroleum & Natural Gases, Government of India, New Delhi.

(iv) Please confirm whether a reference of the aforesaid letter no. BPCL/LPC/PKD/NR/2023-28/Lairu dated 26.09.2022 in Tender No. was the disclosed BPCL/LPG/PKD/LALRU/2023-28.

(v) Please confirm whether the Trucks Lorries deployed with BPCL under Tender No. BPCL/LPG/PKD/LALRU/2023-28 by all successful bidders would stand at par in allocation of business with LPG distributors awarded LOIs through the aforesaid letter no. BPCL/LPC/PKD/NR/2023-28/Lairu dated 26.09.2022 OR the Truck Lorries of LPG Distributorship are always entitled to have extreme and exclusive preferences over the trucks of transport contractors.

vi) Please confirm the details of BPCL officials and their designation with telephone numbers Mobile/ Landline and email addresses, responsible for floating, evaluation, allocation and operations of Truck Lorries used for transportation of Packed LPG ex Lairu LPG Plant pertaining to Tender No. BPCL/LPG/

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2026 Supreme(Online)(CIC) 5040

CENTRAL INFORMATION COMMISSIONJaya Varma Sinha, Information CommissionerSunil Bansal – AppellantVersusCpio Bharat Petroleum Corporation Ltd – RespondentCIC/BPCLD/A/2025/109624/BSNLD

The Central Information Commission determined that the bench lacked the necessary jurisdiction to adjudicate an appeal concerning a public sector undertaking under the Ministry of Petroleum and Natural Gas, necessitating a transfer to the appropriate competent bench.

CENTRAL INFORMATION COMMISSION
Jaya Varma Sinha, Information Commissioner
Sunil Bansal – Appellant
Versus
Cpio Bharat Petroleum Corporation Ltd – Respondent
CIC/BPCLD/A/2025/109624/BSNLD