केन्द्रीय सचू ना आयोग Central Information Commission बाबा गगं नाथ माग,ग मनु नरका

Baba Gangnath Marg, Munirka नई दिल्ली, New Delhi – 110067 नितीय अपील संख्या / Second Appeal No. CIC/HPCLD/A/2025/611110 निकायत संख्या Complaint No. CIC/HPCLD/C/2025/611122 /

Shri Siddhartha Mukherjee … अपीलकता/ग Appellant …निकायतकताग /Complainant VERSUS/बनाम PIO, …प्रनतवािीगण /Respondent Hindustan Petroleum Corporation Limited (HPCL)

Date of Hearing : 13.06.2025 Date of Decision : 23.06.2025 Chief Information Commissioner : Shri Heeralal Samariya Relevant facts emerging from appeal:

RTI application filed on : 04.01.2025 PIO replied on : 04.02.2025 First Appeal filed on : 05.02.2025 First Appellate Order on : 28.02.2025 2ndAppeal/complaint received on : 05.03.2025 Relevant facts emerging from complaint:

RTI application filed on : 04.01.2025 PIO replied on : 04.02.2025 First Appeal filed on : 05.02.2025 First Appellate Order on : 28.02.2025 2^ndAppeal/complaint received on : 06.03.2025 Information sought and background of the case:

(1)CIC/HPCLD/A/2025/611110 (2)CIC/HPCLD/C/2025/611122 The Appellant/Complainant filed an RTI application dated 04.01.2025 seeking information on following points:-

“CPIO and the Authorized Representative of Hindustan Petroleum and Natural Gas is requested to provide a certified copy of leer No. DRO_AKG_PERS dated February 12, 2020 issued by its Dehradun Retail Regional Office (DRO). The said leer was issued at a time when the Nation saw the outbreak of the deadly Corona Virus for which lockdowns was announced in the evening of March 24, 2020.”

The CPIO, Hindustan Petroleum Corporation Limited (HPCL), Mumbai vide letter dated 04.02.2025 replied as under:-

“Xx Vide said application, you have requested for the certified copy of letter DRO/AKG/PERS dated 12/02/2020, which was issued by Dehradun Retail Regional Office.

Please note that the letter was issued to an employee of the Corporation and the information requested by you is held by the Corporation in its fiduciary relationship and the same cannot be shared in view of the provisions of Sub- section 1(e) of Section 8 of the Right to Information Act, 2005, as it does not disclose any larger public interest.

Notwithstanding the above, please be informed that the original letter bearing reference DRO/AKG/PERS dated 12/02/2020 is available with the recipient and thus, the original letter is not held by the CPIO.”

Dissatisfied with the response received from the CPIO, the Appellant/Complainant filed a First Appeal dated 05.02.2025. The FAA vide order dated 28.02.2025 stated as under:-

“Xx Xx I have carefully gone through your RTI application as well CPIO reply in this regard.

Please note that the letter was issued to ex. employee of the Corporation and the information requested by you is held by the Corporation in its fiduciary relationship and the same is protected under sub-section 1(e) of Section 8 of the Right to Information Act, 2005, as disclosure of which has no relationship to any public activity or interest. Further disclosure of the information violates the confidentiality of personal and sensitive matters. Hence merits exemption under section 8(1)(j) of the Right to Information Act, 2005 Considering the above aspects, your appeal is hereby disposed of without any instructions to the CPIO.”

Aggrieved and dissatisfied, the Appellant/Complainant approached the Commission with the instant Second Appeal/Complaint.

Facts emerging in Course of Hearing:

Appellant: Present Respondent: Shri Deepak Kaushik, DGM CIC/HPCLD/A/2025/611110 A written submission dated 30/05/2025 has been received from the Appellant and duly taken on record.

A detailed and self -explanatory written submission dated 04.06.2025 has been received from CPIO reiterating that the information available on record and as permissible under the RTI Act having been provided to the Appellant. The Respondent has also submitted the following facts for consideration before the Commission.

1. The CPIO submitted that that letter DRO/AKG/P