Understanding how the prices of essential commodities like petrol, diesel, and LPG are decided is a constant concern for every Indian household. Fluctuations in these prices directly impact your budget. The Right to Information (RTI) Act, 2005, empowers you to seek clarity on such crucial policy matters. This article delves into an RTI case where a citizen sought information about the policy determining the market prices of petroleum products, and what the Central Information Commission (CIC) ruled. This case highlights how RTI can be a powerful tool for citizens to understand government policies affecting their daily lives.
Background: What Information Was Sought
In this RTI application, the appellant was keen to understand the policies that govern the determination of market prices for widely used petroleum products, including petrol, diesel, kerosene, and LPG gas. The appellant also wanted to know about the imposition of taxes on the sales of these products the Central Government and the respective State Governments. Essentially, the applicant sought transparency regarding the pricing structure and the tax components that make up the final price consumers pay at the pump or for their cooking gas cylinders.
How the Public Authority Responded
The Public Information Officer (PIO) provided an explanation regarding the mechanism of price fixation for petroleum products. The PIO also detailed the concept of ‘under recoveries’ incurred Public Sector Undertakings (PSUs). Furthermore, the PIO clarified that taxes on petroleum product sales are levied the Central and State Governments according to their respective policies. The PIO also indicated that the dealer’s commission is determined PSUs in consultation with the Central Government. While this information was provided, the appellant felt it was not sufficiently clear or perhaps the complete response was not received in time.
The CIC Hearing: What Happened
The matter eventually reached the Central Information Commission (CIC). The CIC observed that the queries raised appellant had been substantially addressed letter from the Under Secretary. This letter, it was noted, outlined the mechanism for determining the prices of petroleum products. However, a significant point raised during the proceedings was that the appellant did not appear before the Commission to present their case. The Commission also acknowledged the possibility that the letter from the Under Secretary might not have been in the appellant’s possession when they filed their appeal, leading to their dissatisfaction. This lack of personal appearance and potential non-receipt of the crucial document impacted the proceedings.
The CIC Order and Its Significance
The CIC, after reviewing the case, directed the Public Information Officer (PIO) to send a copy of the Under Secretary’s letter to the appellant afresh. The significance of this order lies in its emphasis on ensuring that information, once provided, reaches the applicant effectively. Even though the information was deemed to have been substantially provided, the CIC recognized the importance of the applicant actually receiving and being able to review it. This reiterates the spirit of the RTI Act – to facilitate access to information for citizens. The order implicitly underscores that a response is only truly effective if it is received and understood applicant. While the CIC did not impose any penalties, the direction to resend the information ensures the applicant gets a fair chance to understand the government’s stance on petroleum pricing policies.
Key Lessons for RTI Applicants
- Lesson 1: Be Present for Hearings: If your RTI case reaches the CIC, make every effort to attend the hearing. Your presence allows you to present your arguments, clarify your doubts, and ensure the Commission fully understands your grievance.
- Lesson 2: Ensure Receipt of Information: If you feel you haven’t received the PIO’s response or that it’s incomplete, clearly state this in your appeal. If the CIC directs the PIO to resend information, follow up to ensure you receive it.
- Lesson 3: Understand the Scope of RTI: RTI is for seeking information held authorities. While you can ask about policies and their implementation, you cannot use RTI to demand a change in policy or to seek opinions. This case shows you can ask *how* prices are determined, but not to dictate *what* they should be.
How to File a Similar RTI Application
- Identify the Public Authority: Determine which government department or Oil PSU is responsible for petroleum pricing policies. This could be the Ministry of Petroleum and Natural Gas or the relevant PSUs.
- Draft Your Application Clearly: State your request for information precisely. Mention the specific petroleum products and the aspects of policy you wish to know about.
- Submit the RTI Application: Fill out the prescribed RTI application form and submit it to the PIO of the concerned authority along with the required fee.
- Follow Up: If you don’t receive a response within 30 days, or if the response is unsatisfactory, you can file a First Appeal. If still unsatisfied, you can escalate to the Second Appeal with the CIC.
Sample RTI question you can use:
Please provide a copy of the policy document or detailed explanation outlining the mechanism for determining the current market prices of petrol, diesel, kerosene, and LPG gas, including details of all components like base price, taxes, duties, and dealer commissions. Also, provide information on how taxes are levied Central Government and State Governments on the sale of these products.
Conclusion
This RTI case serves as a valuable reminder of the power of the RTI Act in demystifying complex government policies for ordinary citizens. While the appellant’s journey to obtaining complete clarity was extended, the CIC’s intervention ensured that the information was re-sent, reinforcing the principle of accessible governance. your rights and following the correct procedures, you too can use RTI to seek answers to questions that affect your daily life and contribute to a more informed and accountable government.
