Samir Sardana vs Reserve Bank Of India on 9 April, 2021

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Central Information Commission

Samir Sardana vs Reserve Bank Of India on 9 April, 2021

1. The issues under consideration arising out of the second appeal dated 26.12.2019 include non-receipt of the following information raised by the appellant through his RTI application dated 27.11.2018 and first appeal dated 24.12.2018:-

Type A  PIO to confirm that it has an ageing schedule (to any degree or extent) of FX to be remitted o/s this nation - on a daily or weekly or monthly or quarterly basis o If Yes, PIO to confirm the period for which the said schedule is maintained - id.est., 1 year or 2 years or more Page 1 of 7 o If Yes, PIO to confirm that the said schedule segregated into purpose of remittances - id.est., trade imports, capital imports, PSU Imports, debt repayments, interest repayments, investments, acquisitions etc. o If Yes, PIO to confirm that ageing schedule of FX remittances w.r.t. trade imports, capital imports is only for LC Backed imports or all terms of payments o If Yes, PIO to confirm that ageing schedule of FX remittances w.r.t. trade imports, capital imports is also available by sector, commodity and enterprise within a sector  PIO to confirm that it has an ageing schedule (to any degree or extent) of FX to be remitted INTO this nation - on a daily or weekly or monthly or quarterly basis o If Yes, PIO to confirm the period for which the said schedule is maintained - id.est., 1 year or 2 years or more o If Yes, PIO to confirm that the said schedule segregated into purpose of remittances - id.est., trade and services exports, interest receipts, investment liquidation, invisibles etc. o If Yes, PIO to confirm that ageing schedule of trade exports, service exports is only for LC Backed /ECGC Backed exports or all terms of payments/risk coverage o If Yes, PIO to confirm that ageing schedule of FX remittances of trade exports, service exports, is also available by sector and enterprise within a sector  PIO to confirm that the above said information and the data related thereto in the substantial part is available on the RBI portal or any publication of the RBI o If Yes, PIO to provide the coordinates of the same  PIO to confirm that the DATA w.r.t the above said information w.r.t ageing schedule as sought w.r.t. each of the 10 information requirements of Type A above, has been provided to any RTI Applicant in the last 3 years (Name of the RTI Applicant, Number of Times or Date of Providing the same is not sought) o If Yes, the number of Applications w.r.t which the above said information was provided in whole or in part Page 2 of 7 o If the number of the said Applications is less than 10 - the PIO to state the nature of the said information provided  PIO to provide the names of the reports and MIS statements prepared by the RBI on the above said subject Type B  PIO to confirm that it has an ageing schedule (to any degree or extent) of FX swaps executed and forward covers bought, w.r.t FX to be remitted o/s this nation - on a daily or weekly or monthly or quarterly basis o If Yes, PIO to confirm the period for which the said schedule is maintained - id.est., 1 year or 2 years or more o If Yes, PIO to confirm that the said schedule segregated into purpose of underlying remittances - id.est., trade imports, capital imports, PSU Imports, debt repayments, interest repayments, investments, acquisitions, pure speculation etc (id.est - w/o the basis of an underlying exposure - like a person with Nil FX liabilities and Nil Deemed Import Parity Inputs/Output - buying USD Forwards etc.) o If Yes, PIO to confirm that ageing schedule of FX swaps and forward covers w.r.t FX remittances trade imports, capital imports is also available by sector, commodity and enterprise within a sector  PIO to confirm that it has an ageing schedule (to any degree or extent) of FX swaps executed and forward covers sold w.r.t, FX to be remitted INTO this nation - on a daily or weekly or monthly or quarterly basis o If Yes, PIO to confirm the period for which the said schedule is maintained - id.est., 1 year or 2 years or more o If Yes, PIO to confirm that the said schedule segregated into purpose of remittances - id.est., trade and services exports, interest receipts, investment liquidation, invisibles etc. o If Yes, PIO to confirm that the said schedule of FX swaps executed and forward covers sold, w.r.t. FX remittances of trade exports, service exports, is also available by sector and enterprise within a sector Page 3 of 7  PIO to confirm that the above said information and the data related thereto in the substantial part is available on the RBI portal or any publication of the RBI If Yes, PIO to provide the coordinates of the same  PIO to provide the names of the reports and MIS statements prepared by the RBI on the above said subject Note - FX swaps executed and forward covers in Type B refers to the effective Fx rate locked into, in the future over 1 year or 2 years or more - in time buckets of daily or weekly or monthly or quarterly basis  In case the effective FX rate cannot be computed as it is not a vanilla product - then the PIO can just provide the data on the basis of "Provision of FX Swaps and Forward Covers) Type C  PIO to confirm that it has aggregate data of unhedged export receivables and import payables o If Yes, the PIO to confirm the tenor for which RBI maintains the data, id.est., daily, weekly, fortnightly, monthly or quarterly  PIO to confirm that it has the said data w.r.t. each sector  PIO to confirm that the above said information and the data related thereto in the substantial part is available on the RBI portal or any publication of the RBI o If Yes, PIO to provide the coordinates of the same  PIO to provide the names of the reports and MIS statements prepared by the RBI on the above said subject  PIO to confirm if it has confirmed or provided the status of the unheeded position of an entity to any RTI Applicant in the last 5 years  PIO to confirm if has confirmed or provided the data of the unheeded position (by value only of any entity to any RTI Applicant in the last 5 years Page 4 of 7 Type D  PIO to provide the Say of the PIO w.r.t Two 1st Appeals submitted by the Appellant to the RBI in the months of September, October and November, 2018  PIO to provide the basis of the closure of the complaint filed by Samir Sardana on Kotak Mahindra Bank in 2016 - submitted to the RBI and the PMO o (Basis refers to the note sheet or decision note which records the basis for disposing the complaint against Kotak Bank)

2. Succinctly facts of the case are that the appellant filed an application dated 27.11.2018 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Reserve Bank of India, Mumbai, seeking aforesaid information. The CPIO vide letter dated 13.12.2018 replied to the appellant. Dissatisfied with this, the appellant filed first appeal dated 24.12.2018 The First Appellate Authority vide order dated 14.02.2019 disposed of the first appeal. Aggrieved by this, the appellant filed a second appeal dated 26.12.2019 before this Commission which is under consideration.

3. The appellant has filed the instant appeal dated 26.12.2019 inter alia on the grounds that reply given by the CPIO was not satisfactory. The appellant requested the Commission to direct the CPIO to provide the complete information and take necessary action as per Section 20 (1) of the RTI Act.

4. The CPIO replied vide letter dated 13.12.2018 that the RTI application was lengthy and advised the appellant to file fresh application within prescribed word limit of 500 words. The FAA directed the CPIO to revisit the queries and provide a suitable reply subject to the provisions of the RTI Act.

5. The appellant attended the hearing through audio conference and on behalf of the respondent Ms. Aradhana Ori, Legal Advisor, Mr. Ashok Parikh, CPIO, RBI, Bandra, attended the hearing through video conference.

5.1. The appellant inter alia submitted that the corresponding complaint wherein he had raised identical queries was heard and disposed of by the Commission vide order dated 02.02.2021. Further, the appellant submitted that the Commission decided a similar case earlier vide order dated 02.02.2021, he was willing to withdraw his second appeal.

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5.2. The respondent while defending their case inter alia submitted that point-wise reply was provided to the appellant as per the records available under their custody. Further, the Commission had disposed of complaint with identical queries vide order dated 02.02.2021.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observes that the appellant had filed complaint [CIC/RBIND/C/2019/600754] with identical queries and was rejected by the Commission vide order dated 02.02.2021. Further, due reply was given vide CPIO's reply dated 08.03.2019. The appellant expressed his willingness to withdraw his appeal during the course of hearing. That being so, there appears to be no public interest in further prolonging the matter. Accordingly, the appeal is dismissed as withdrawn.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Suresh Chandra) (सुरेश चं ा) Information Commissioner (सूचना आयु ) दनांक/Date: 08.04.2021 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Page 6 of 7 Addresses of the parties:

CPIO : RESERVE BANK OF INDIA HUMAN RESOURCE MANAGEMENT DEPTT.

RIA DIVISION, Central Office, 21ST Floor, Shahid Bhagat Singh Marg, Mumbai - 400 001 THE F.A.A, RESERVE BANK OF INDIA, HUMAN RESOURCE MANAGEMENT DEPTT., RIA DIVISION, Central Office, 21ST Floor, Shahid Bhagat Singh Marg, Mumbai - 400 001 SH. SAMIR SARDANA Page 7 of 7

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