Disclose reasons for replacing ASG in a case against Essar:CIC

Why was Petroleum Ministry not inclined to let the then Additional Solicitor General AS Chandiok to represent it in a case against Essar Steel?

The reasons for such reservations expressed by the Petroleum Ministry before the Law Ministry should be made public, the Central Information Commission has ruled.

The transparency panel allowed disclosure of communication and file notings in connection with the Petroleum Ministry's request to the Law Ministry to replace Chadiok from a case against Essar Steel.

The Commission rejected the contention of the Petroleum Ministry that the letter from its Secretary to the Secretary Law Ministry was "confidential" and related to a "sensitive issue", so it should not be disclosed.

"It is a well settled law that the public authority can claim exemption from disclosure only as per the section 8 (1) of the RTI Act. In the present appeal before the Commission, the respondent has not claimed any exemption as per the RTI Act nor been able to explain how the information if revealed would attract any of the exemption as per the Act," Information Commissioner Sushma Singh held.

Essar Steel had approached the Delhi High Court challenging the Petroleum Ministry's move to reduce the supply of natural gas from the Reliance KG-D6 fields to non-core sectors. It had maintained that if gas supply was reduced, the company would face hardships.

While the court had passed orders on June 3, 2011, the ASG intimated it to the Petroleum ministry on July 1.

The Petroleum Ministry had in a letter to the Law Ministry claimed that Chandiok took a stand against its instructions.

It said that the ASG's stand was also against the affidavit filed by the Petroleum Ministry before the High Court.