CPIO IndianOil Corporation Ltd provided incomplete misleading information. First appeal.

Enter Registration Number IOCLD/A/2017/60151
Name Yogi M P Singh
Date of filing 28/07/2017
Public Authority Indian Oil Corporation Limited (IOCL)
Status RTI APPEAL RECEIVED
Date of action 28/07/2017
Nodal Officer Details :-
Telephone Number
Email Id sugamp@indianoil.in

An appeal under subsection
1 of section 19 of Right to Information Act 2005 to seek justice against
arbitrary action of CPIO dated: 21/07/2017 before the First Appellate Authority
and Executive Director (HR), HO Indian Oil Corporation Limited (Marketing Division).

To

                                   First
Appellate Authority and Executive                                                     
Director (HR), Hon’ble U. P. Singh, HO Indian Oil Corporation Limited
(Marketing Division), Indian Oil Bhavan, G-9, Ali Yavar Jung Marg, Bandra (E),
Mumbai-400051 .

Subject-Incomplete
information was made available by CPIO through its action dated: 21/07/2017 and
without taking the perusal of attached documents he alleged presumption in the
matter concerned with the serious allegations of corruption. Act of CPIO is
ultra vires to Right to Information Act 2005 so consequently be subjected
scrutiny under section 20 of Right to Information Act 2005.

With great respect to revered
Sir, your applicant invites the kind attention of the Hon’ble Sir to the
following submissions as follows.

              
1-It is submitted before the Hon’ble Sir that Right to Information Act
2005 was legislated by temple of rule making body in order to promote
transparency and accountability in the working of public authority but it is
unfortunate that such cryptic working style of CPIO will never be instrumental
in achieving the goal of August act. Since point 2 is concerned with rampant
corruption causing thousands of genuine beneficiaries deprived from public aid
and diversion of this fund to corrupt staffs so doesn’t want to touch this
point and taking the recourse of flimsy ground.

  2-It is submitted
before the Hon’ble Sir that under subsection 1 d of section 4 of Right to
Information Act 2005, it shall be obligation of every public authority to
provide the reasons of its action/ decision to parties concerned. How sought
information under point 2  is presumption
of your appellant if supporting documents are attached with the R.T.I.
Communiqué?

  3-It is submitted
before the Hon’ble Sir that here this question arises that why those have
Aadhaar card being deprived from the subsidy by taking the recourse of circular
attached circular with appeal which shows that staffs of Indian Oil Corporation
Limited are acting against the spirit of circular which ipso facto aims to curb
corruption from the system not to deprive those who are entitled for subsidy in
cryptic manner?   

Grievance Status

Status as on 28 Jul 2017
Registration Number
:
MPANG/E/2017/04352
Name Of Complainant
:
Arun Pratap Singh
Date of Receipt
:
17 Jul 2017
Received by
:
Ministry of Petroleum and Natural Gas
Forwarded to
:
Uttar Pradesh SO I
Officer name
:
Anup Kumar Agarwal
Officer Designation
:
Dy. General Manager LPG S
Contact Address
:
Indian Oil Corporation Ltd.
TC 39 V, Vibhuti khand,
Gomti Nagar, Lucknow226010
Contact Number
:
05222305713
e-mail
:
akagarwal@indianoil.in
Grievance Description
:
Subject-Incredibility in the dealings of chief area
manager of Indian Oil Corporation Limited in regard to subsidy to domestic
gas connection holders reflects that Vindheshwari Gas Service is acting in
caucus with local staffs of Indian Oil Corporation Limited. According to
communication dated 16/06/2017 which is first page of attached documents, as
per the notification under section 7 of Aadhar act dated 30th September 2016
by ministry of petroleum and natural gas, government of India, Aadhar
authentication or proof of possession of Aadhar number or proof of enrolment
for Aadhar availing L.P.G. Subsidy beyond 30th November 2016. After 30th
November 2016, failure to produce Aadhar or proof of Aadhar enrolment without
any valid reasons, L.P.G. subsidy was liable to be withheld from first
December 2016. Withhold means -Irregular: withheld; withheld, hold back;
1-refuse to hand over or share. The father is withholding the allowance until
the son cleans his room 2-Retain and refrain from disbursing; of payments. My
employer is withholding taxes. Deprive means- 1-take away possessions from
someone e.g. The Nazis stripped the Jews of all their assets 2-keep from
having, keeping, or obtaining 3-take away Most revered Sir –Your applicant
invites the kind attention of Hon’ble Sir with due respect to following
submissions as follows. 1-It is submitted before the Hon’ble Sir that whether
to withhold subsidy is tantamount to deprive of subsidy? Most surprising is
that staffs of Indian Oil Corporation Limited understood that to withhold
subsidy means to deprive of subsidy to those who are entitled to it and
getting since many years. Whether it is justified to deprive poor
underprivileged villagers of subsidy arbitrarily by colluding with the staffs
of Indian Oil Corporation Limited? Most important thing is that whether
concerned agency really sought Aadhar card from the beneficiaries of
subsidised gas cylinders and why they had not taken if the Aadhar card was
available to them since two and half years and more surprising is that
beneficiary’s bank accounts are linked with their Aadhar card. Here most
important question is that who are ultimate beneficiaries if poor
underprivileged villagers were deprived of subsidised gas cylinders?It is
submitted before the Hon’ble Sir that please you Hon’ble Sir may take a
glance of historic judgement delivered by apex court of India. Accountability
must be ensured in order to achieve good governance. Even in respect of
administrative orders Lord Denning M.R. in Breen v. Amalgamated Engineering
Union (1971 (1) All E.R. 1148) observed “The giving of reasons is one of
the fundamentals of good administration”. In Alexander Machinery
(Dudley) Ltd. v. Crabtree (1974 LCR 120) it was observed: “Failure to
give reasons amounts to denial of justice”. Reasons are live links
between the minds of the decision taker to the controversy in question and
the decision or conclusion arrived at”. Reasons substitute subjectivity
by objectivity. The emphasis on recording reasons is that if the decision
reveals the “inscrutable face of the sphinx”, it can, by its
silence, render it virtually impossible for the Courts to perform their
appellate function or exercise the power of judicial review in adjudging the
validity of the decision. Right to reason is an indispensable part of a sound
judicial system, reasons at least sufficient to indicate an application of
mind to the matter before Court. Another rationale is that the affected party
can know why the decision has gone against him. One of the salutary
requirements of natural justice is spelling out reasons for the order made,
in other words, a speaking out. The “inscrutable face of a sphinx”
is ordinarily incongruous with a judicial or quasi-judicial performance.
Current Status
:
UNDER PROCESS
Date of Action
:
21 Jul 2017

This is a humble request
of your applicant to you Hon’ble Sir that It can never be justified to overlook
the rights of the citizenry by delivering services in an arbitrary manner by
floating all set up norms. This is sheer mismanagement which is encouraging
wrongdoers to reap the benefit of loopholes in the system and depriving poor
citizens of the right to justice. Therefore it is need of the hour to take
concrete steps in order to curb grown anarchy in the system. For this, your
applicant shall ever pray you, Hon’ble Sir.

                                          Yours
sincerely

                            Yogi M. P. Singh
Mobile number-7379105911

Mohalla-Surekapuram, Jabalpur Road District-
Mirzapur, Uttar Pradesh, India

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Mahesh Pratap Singh Yogi M P Singh

Hon’ble Sir that here this question arises that why those have Aadhaar card being deprived from the subsidy by taking the recourse of circular attached circular with appeal which shows that staffs of Indian Oil Corporation Limited are acting against the spirit of circular which ipso facto aims to curb corruption from the system not to deprive those who are entitled for subsidy in cryptic manner?

Arun Pratap Singh
3 years ago

Hon’ble Sir that Right to Information Act 2005 was legislated by temple of rule making body in order to promote transparency and accountability in the working of public authority but it is unfortunate that such cryptic working style of CPIO will never be instrumental in achieving the goal of August act. Since point 2 is concerned with rampant corruption causing thousands of genuine beneficiaries deprived from public aid and diversion of this fund to corrupt staffs so doesn’t want to touch this point and taking the recourse of flimsy ground.