Central Information Commission Room No.306, 2nd Floor, August Kranti Bhawan, Bhikaji Cama Place, New Delhi – 110 066 Website: www.cic.gov.in CIC/LS/A/2013/001656/SS 15.5.14 Appellant : Shri K.C. Unnikrishnan Respondent : Bhagyanagar Gas Limited Date of Hearing : 29.4.14 ORDER Appellant has filed an appeal dated 25.6.13 which was earlier heard on 29.1.14 and 28.3.14. Appellant was not present during the hearing whereas respondent was represented by Shri S.V. Prasad, V.P. 2. The appellant filed an RTI application dated 20.5.2013 addressed to PIO, Bhagyanagar Gas Ltd. seeking “Copy of the Hook up Agreement with Reliance Gas Transportation Infrastructure Limited. (RGTIL) entered in 2010.” 3. The respondent vide reply dated 23.5.2013 informed the appellant that “Bhagyanagar Gas Ltd is not covered under RTI Act and hence it is not applicable.” 4. The appellant filed first appeal dated 27.5.2013 wherein he states as under: “M/s Bhagyanagar Gas Limited is a Joint Venture Company with M/s GAIL Limited and Hindustan Petroleum Limited. The percentage of shareholding as per the Bhagyanagar Gas Limited’s Notes forming part of the Balance sheet as at 31st March 2012 is as under: GAIL (India) Limited 24.99% Hindustan Petroleum Ltd 24.99% (Please refer Exhibit – C)” 5. The appellant submits that BGL is substantially financed by the Government. The respondent vide reply dated 15.6.2013 stated that “1)BGL is not a Public Authority under the RTI Act, 2005, 2) Information sought on copy of the hook agreement with Reliance Gas transportation Infrastructure Limited (RGTIL) is treated as information of absolute commercial confidence and may harm our business standing, being exclusive agreement with the party.” 6. 7. Further, the respondent has sent a letter dated 6.2.14 to the Commission vide which they have furnished certain details, the relevant contents whereof are reproduced below: Bhagyanagar Gas Limited (BGL) is promoted by GAIL(India) Limited and Hindustan Petroleum Corporation Limited (HPCL) (Government Companies u/s.617 of the Companies Act, 1956). Current shareholding of BGL is : GAIL (India ) Ltd : 25% HPCL : 25% Kakinada Seaports Ltd (Non Govt. Company) : 50% Current Board of Directors of BGL comprises of Ms. Nishi Vasudeva, HPCL, Chairperson, Mr. P.K. Gupta, GAIL, NonExecutive Director, Mr. A.K. Mittal, GAIL, Managing Director and Mr. R. Sridhar, HPCL, DirectorCommercial. Respondent BGL has sent another letter dated 1.5.14 to the Commission whereby the details of secured loans of BGL, as on 31.3.14, were given which are as follows: Sl. Secured Loan Amount in Rupees No. 1. Canara Bank 60,71,66,667 2. Corporation Bank 36,49,54,678 Total 97,21,21345 Based on the aforesaid submissions, respondent argued that they are not a “public authority” within the definition of Section 2(h) of the RTI Act, 2005. After going through the submissions made and the documents on record, Commission is of the view that an intricate question of law is involved in this matter. Accordingly, a Full Bench is to be constituted to hear and decide the matter. (Sushma Singh) Chief Information Commissioner Authenticated True Copy: (DC Singh) Deputy Registrar Name & Address of Parties: 1. Appellant: Mr K.C Unnikrishnan B1, Industrial Estate, Sanathnagar, Hyderabad 500004 2. The Senior Manager (O&M) Bhagyanagar Gas Limited, Parisrama Bhavan, 2nd Floor, Parisrama Bhavan, Basheer Bagh, Hyderabad – 500004 3. The Vice President (Project & OM), Bhagyanagar Gas Limited, Parisrama Bhavan, 2nd Floor, Parisrama Bhavan, Basheer Bagh, Hyderabad 500004
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