Kind Atten : -
(1) Secretary Ministry of Petroleum & Natural Gas,
(2) Chairman, Bharat Petroleum Corporation Limited, Mumbai

The The RTI relates Bharat Petroleum’s dealer M/s Shanti Gas Service, Distributor Bharat Gas, Pilibhit Khatima Road, Neoria Hussainpur, Pilibhit. The incident is as follows:
On 28.9.2010 6 employees of the agency were burnt due to a gas blast and they died within 3-4 days. The intensity of the blast was such that a two story building was raised to the ground. The agency has been terminated on 31.12.2010 by the Territory Manager, Bharat Petroleum on the ground that the blast was caused due to illegal refilling of cylinders and was not due to leakage of the cylinder as alleged by the dealer.
The dealer Ms Kavita Tiwari is the wife of Sudhir Tiwari, District President of Pilibhit Congress Committee who used his influence and is wanting the agency re-instated. Not one paisa has been paid by the dealer or the Bharat Petroleum to the kin of those who died in the blast. The same Territory Manager of Bharat Petroleum who terminated the agency vide order dated 31.12.2010 appeared before the Allahabad High Court through his counsel even though the Court was yet to issue Notice on the Writ Petition and he made a suggestion for invoking Clause 38 of the agreement which provides for an arbitration clause. Accordingly the Court vide its order dated 7.2.2011 in CWP 4686/2011 gave permission to the agency to invoke the arbitration clause. It appears that Bharat Petroleum does not have its standing counsels in the Allahabad High Court so no counsel could appear before the Notices were served on it. The following question for RTI are made out.
1. Can the Territory Manager of Bharat Petroleum who has terminated the Gas Agency on account of illegal refilling of cylinders which culminated into a blast and resulted in death of 6 persons make the suggestion to the High Court for the Arbitration on the same issue?

2. Can Territory Manager of Bharat Petroleum concede for Arbitration in a writ petition even before Notice has been issued by the Court more so when the writ challenges the cancellation of the gas agency that was terminated on the ground refilling which resulted in blast and 6 deaths?

3. Can a Territory Manager of Bharat Petroleum make a concession in the Court for Arbitration in the matter where the dealership has already been cancelled due to damaging publicity on account of 6 deaths while illegally refilling the cylinders?

4. Whether criminal proceedings are initiated against the ex dealer by the Bharat Petroleum as the illegal refilling of gas cylinders has caused death of 6 persons and has brought a bad name to the company?

5. What is the liability of Bharat Petroleum towards the kin of those who have died (employees of the agency) in the blast that took place on account of refilling of gas cylinders? And what compensation is paid to the families of such victims by the IBP?

6. Whether Bharat Petroleum is responsible for payment of compensation to the employees of the agency who died in the blast since they were working for its agent?

7. What is the responsibility of Bharat Petroleum incase the deaths of 6 employees of the gas agency have occurred due to leakage of gas from a gas cylinder and not due to refilling?

8. Does the Bharat Petroleum have standing counsels in the Allahabad High Court and what are there names?

9. Does Bharat Petroleum have the policy to make concession for arbitration in court which is even beyond the contract?

10. Is it a trend in Bharat Petroleum to concede for arbitration in case of cancellation/termination of dealership, if yes please specify the list of such cases?

11. Is the Territory Manager has the power to concede in the Court in the matter where the court has not even issued notices more so when the petitioner himself has not sought arbitration in the matter? If Yes please give a list of the same.

12. What action is Bharat Petroleum is going to take against the collusive order dated 7.2.2011 passed in Writ petition No. 6486/2011 “M/s Shanti Gas Service vs Union of India & Others” by Allahabad High Court which was passed in collusion with the Territory Manager and the Ex-dealer?


The RTI relates Bharat Petroleum’s dealer M/s Shanti Gas Service, Distributor Bharat Gas, Pilibhit Khatima Road, Neoria Hussainpur, Pilibhit. The incident is as follows:
On 28.9.2010 6 employees of the agency were burnt due to a gas blast and they died within 3-4 days. The intensity of the blast was such that a two story building was raised to the ground. The agency has been terminated on 31.12.2010 by the Territory Manager, Bharat Petroleum on the ground that the blast was caused due to illegal refilling of cylinders and was not due to leakage of the cylinder as alleged by the dealer.
The dealer Ms Kavita Tiwari is the wife of Sudhir Tiwari, District President of Pilibhit Congress Committee who used his influence and is wanting the agency re-instated. Not one paisa has been paid by the dealer or the Bharat Petroleum to the kin of those who died in the blast. The same Territory Manager of Bharat Petroleum who terminated the agency vide order dated 31.12.2010 appeared before the Allahabad High Court through his counsel even though the Court was yet to issue Notice on the Writ Petition and he made a suggestion for invoking Clause 38 of the agreement which provides for an arbitration clause. Accordingly the Court vide its order dated 7.2.2011 in CWP 4686/2011 gave permission to the agency to invoke the arbitration clause. It appears that Bharat Petroleum does not have its standing counsels in the Allahabad High Court so no counsel could appear before the Notices were served on it. The following question for RTI are made out.
1. Can the Territory Manager of Bharat Petroleum who has terminated the Gas Agency on account of illegal refilling of cylinders which culminated into a blast and resulted in death of 6 persons make the suggestion to the High Court for the Arbitration on the same issue?

2. Can Territory Manager of Bharat Petroleum concede for Arbitration in a writ petition even before Notice has been issued by the Court more so when the writ challenges the cancellation of the gas agency that was terminated on the ground refilling which resulted in blast and 6 deaths?

3. Can a Territory Manager of Bharat Petroleum make a concession in the Court for Arbitration in the matter where the dealership has already been cancelled due to damaging publicity on account of 6 deaths while illegally refilling the cylinders?

4. Whether criminal proceedings are initiated against the ex dealer by the Bharat Petroleum as the illegal refilling of gas cylinders has caused death of 6 persons and has brought a bad name to the company?

5. What is the liability of Bharat Petroleum towards the kin of those who have died (employees of the agency) in the blast that took place on account of refilling of gas cylinders? And what compensation is paid to the families of such victims by the IBP?

6. Whether Bharat Petroleum is responsible for payment of compensation to the employees of the agency who died in the blast since they were working for its agent?

7. What is the responsibility of Bharat Petroleum incase the deaths of 6 employees of the gas agency have occurred due to leakage of gas from a gas cylinder and not due to refilling?

8. Does the Bharat Petroleum have standing counsels in the Allahabad High Court and what are there names?

9. Does Bharat Petroleum have the policy to make concession for arbitration in court which is even beyond the contract?

10. Is it a trend in Bharat Petroleum to concede for arbitration in case of cancellation/termination of dealership, if yes please specify the list of such cases?

11. Is the Territory Manager has the power to concede in the Court in the matter where the court has not even issued notices more so when the petitioner himself has not sought arbitration in the matter? If Yes please give a list of the same.

12. What action is Bharat Petroleum is going to take against the collusive order dated 7.2.2011 passed in Writ petition No. 6486/2011 “M/s Shanti Gas Service vs Union of India & Others” by Allahabad High Court which was passed in collusion with the Territory Manager and the Ex-dealer?


V M Singh,
convenor, Rashriya Majdoor Sanghtan,
W-127, Greater Kailash -2,
New Delhi-110048
Cell no. +919811580131