Central Information Commission
Mr.Rajhans Trehan vs Reserve Bank Of India on 22 May, 2012
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Decision No. CIC/SG/A/2012/000937/19031
Appeal No. CIC/SG/A/2012/000937
Relevant Facts emerging from the Appeal:
Appellant : Mr. Rajhans Trehan
Chandralok, Near Vanprastha Ashram, Jwalapur,
Haridwar-249407
Respondent (1) : Mr. Ashok Joshi
PIO & GM RESERVE BANK OF INDIA Human Resources Development Dept 20th Floor, Central Office Building, Shahid Bhagat Singh Road, Mumbai --400001 (2) : Institute of Banking Personnel Selection 1BPS House) 90 feet, D.P. Road) Near Thakur Polytechnic, Off. Western Express Highway, Kandivali (East), Mumbai -- 400101 RTI application filed on : 28/12/2011 PIO replied : 05/01/2012 First Appeal : 16/11/2012 First Appellate Authority order : 13/02/2012 Second Appeal received on : 07/03/2012 S.n Queries Reply o 1 The list of marks/grades scored by selected candidates under The information is not available with us as the RBI Young Scholar's Award Scheme from 2008 to 2011 the examination was outsourced to an (both years included). independent and autonomous body named, 2 The test papers and their answer keys from the year 2008 to Institute of Banking Personnel Selection", 2011 (both years included).
Grounds for the First Appeal:
Information provided is unsatisfactory. Order of the FAA:
FAA upheld the decision of the PIO (RBI) Grounds for the Second Appeal:
Information provided is unsatisfactory.Page 1 of 2
Relevant Facts emerging during Hearing:
The following were present Appellant: Absent;
Respondent: Mr. Unni Krishnan, Assistant Legal Advisor on behalf of Mr. Ashok Joshi, PIO & CGM on video conference from NIC-Mumbai Studio;
The Respondent explains that the RBI Young Scholar Award Scheme is conducted by RBI in which students after 12th pre-graduation are selected and given assignments/projects in various RBI offices for two to three months. The PIO states that the information regarding the test is available with IBPS which is a private contractor and hence the information is not with the RBI. The Commission notes that under Section 2(f) of the RTI Act, "information" means any material in any form, including records, documents, memos, e- mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;" and Section 2(j) defines, ""right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the-. In the instant case if IBPS is a contractor through whom the scholarship tests are conducted, information on the tests is certainly information which can be accessed by RBI. Besides it is certainly within the control of RBI. If RBI claims that it is conducting a scholarship exam by giving a third party the right to decide and select people this would be a very questionable practice. Banks also select their officers by using IBPS as an agent. If public authorities in the country give such work of selection of candidates to private parties who have no accountability to the citizens it would indeed be a very disturbing practice. Besides, this goes against the promise of accountability and transparency made by the Parliament to the citizens of India. The Commission directs the PIO to obtain the information from IBPS and provide it to the Appellant. However, if IBPS refused to part with the information the Commission recommends under its powers under Section 25(5) of the RTI Act that the RBI Governor consider not assigning such work to IBPS in future.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the appellant after obtaining it from IBPS before 15 June 2012. If IBPS refuses to part with the information the PIO is directed to send a copy of the said refusal to the Appellant and also to the RBI Governor alongwith a copy of this order so that the RBI governor should act as per the directions of the Commission.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 22 May 2012 (In any correspondence on this decision, mention the complete decision number.)(SS) Page 2 of 2