Imagine diesel meant for your local petrol pump being diverted for black marketing, causing price hikes and unfair competition. This is a serious issue affecting many citizens. The Right to Information (RTI) Act, 2005, empowers you to seek answers from government bodies and public authorities. In a significant case, an RTI applicant sought to expose the diversion of diesel from Haryana to Rajasthan for black marketing. This article delves into how the RTI Act was used to bring this issue to light and what lessons can be learned.
Background: What Information Was Sought
The RTI applicant highlighted a grave concern: petrol pump owners in Haryana were lifting diesel from depots of major Oil Marketing Companies (OMCs) like Indian Oil Corporation Ltd. (IOCL), Bharat Petroleum Corporation Ltd. (BPCL), and Hindustan Petroleum Corporation Ltd. (HPCL). Instead of selling it at their designated pumps, this diesel was allegedly being diverted to Rajasthan, where prices were significantly higher. The price difference was substantial, with diesel costing around Rs. 40.29 in Haryana and Rs. 43.46 in Rajasthan. This price disparity fueled black marketing activities. The applicant further stated that the Excise and Taxation Department of Haryana had issued show-cause notices to involved parties, and FIRs had been registered under the Essential Commodities Act. To get to the bottom of this, the applicant filed an RTI application with IOCL. They sought information concerning retail outlets in the Rewari District, including their monthly, quarterly, and yearly diesel off-take for the past five years, details of actions taken against errant petrol pump owners, and information about inspecting officers and related matters.
How the Public Authority Responded
During the Central Information Commission (CIC) hearing, the appellant emphasized the severity of the problem, arguing that the Oil Marketing Companies were not taking adequate action. They urged the CIC to issue instructions to prevent such illegal activities from recurring. The respondent from IOCL, however, claimed ignorance. They stated that IOCL was unaware of any FIR registrations or the specific modus operandi of diverting diesel from Haryana to Rajasthan for illicit gains. Despite this claim, the respondent asserted that IOCL has a system in place to monitor the activities of petrol pump owners.
The CIC Hearing: What Happened
The Central Information Commission (CIC) took a serious view of the matter. The Commission recognized that the issue of black marketing and diversion of essential commodities like diesel was not a minor administrative concern but one that warranted attention at the policy-making level. The appellant’s detailed submission and the apparent lack of proactive measures OMCs convinced the CIC that a broader inquiry was necessary. The Commission’s primary focus was on ensuring accountability and preventing future occurrences of such malpractice, which directly impacts the public and the economy.
The CIC Order and Its Significance
The CIC, acknowledging the gravity of the situation and the potential for widespread corruption and public detriment, decided to escalate the matter. Instead of merely issuing a directive to the PIO to provide information, the Commission took a more proactive step. The Commission issued a notice to the Directors of IOCL, HPCL, and BPCL, requiring their personal appearance before the Commission. This move signaled that the CIC intended to address the issue at the highest operational level within these public sector undertakings. The significance of this order lies in its potential to trigger policy-level changes within the OMCs to strengthen their surveillance mechanisms and enforcement procedures against black marketing. It also highlights how the CIC can intervene when systemic issues are brought to its notice through an RTI application.
Key Lessons for RTI Applicants
- Lesson 1: Be Specific in Your Request: The applicant clearly articulated the problem of diesel diversion and black marketing and then precisely listed the information they sought from IOCL. This specificity helped the Commission understand the scope of the issue.
- Lesson 2: Highlight Public Interest: The applicant emphasized the seriousness and widespread impact of the illegal activities. Framing your RTI request in terms of public interest can often lead to a more robust response from the authorities and the CIC.
- Lesson 3: Understand the CIC’s Power: This case demonstrates that the CIC is not just a body that decides on information disclosure. It can also issue instructions and summon senior officials when it identifies systemic failures or serious malpractices that require policy-level intervention, as per Section 19(8) of the RTI Act.
How to File a Similar RTI Application
- Identify the Concerned Public Authority: Determine which government department or public sector undertaking is responsible for regulating or overseeing the activity you are inquiring about (e.g., Oil Marketing Companies for fuel distribution).
- Draft Your RTI Application Clearly: State the problem and the specific information you require. Use simple, direct language. Mention relevant facts like dates, locations (if known, but keep the title generic), and the suspected nature of the malpractice.
- Attach Required Fee: Pay the nominal RTI application fee as prescribed rules.
- Submit and Track: Submit your application to the Public Information Officer (PIO) of the concerned authority and keep a record of your submission. If you don’t receive a response within the stipulated time (usually 30 days, as per Section 7 of the RTI Act), you can file a First Appeal.
Sample RTI question you can use:
Please provide details of any internal investigations or actions taken organization in the last five years regarding suspected diversion of petroleum products outlet owners in [general region, e.g., northern states] for black marketing purposes. Also, provide information on the surveillance mechanisms in place to prevent such diversions.
Conclusion
This case underscores the power of the RTI Act as a tool for citizens to hold public authorities accountable and expose malpractices that affect society. filing an RTI application and pursuing it through the appellate process, citizens can bring serious issues to the forefront and even prompt policy-level changes. Remember, your right to information is a powerful weapon for transparency and good governance.
