Central Information Commission
Mromprakash Kashiram vs Reserve Bank Of India on 15 October, 2015
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
website-cic.gov.in
Case No. CIC/MP/A/2015/000544
CIC/MP/A/2015/000545
Appellant : Shri Omprakash Kashiram, Kalyan.
Public Authority : Reserve Bank of India, Mumbai.
Date of Hearing : 01st October, 2015
Date of Decision : 15th October, 2015
Present :
Appellant : Not present.
Respondent : Shri Daya Nand, Legal Officer & Shri C.K. Dev
Rajan, AGM & S.K.A. Nair, AGM through VC.
ORDER
No. CIC/MP/A/2015/000544:
1. The appellant Shri Omprakash Kashiram submitted RTI application dated 08.10.2014 to the Central Public Information Officer, Reserve Bank of India, Mumbai seeking information regarding total black money in all international banks of world transferred by individuals from from India as per records of RBI;
name of individuals with total amount of black money deposited in international banks of the world or banks of other countries; name of international banks or banks located in other countries where black money from India was/were deposited; name of individuals those having black money in banks located in other countries; total black money in Switzerland banks from Indian side; all correspondences through RBI with other banks for return back of black money; name of RBI departments under which duty allocation for monitoring money transaction from India to other banks; complaints received by RBI regarding black money holders; name of department under which duty allocation for issue of press release about the black money from time to time etc. through nine points.
CIC/MP/A/2015/000544 & CIC/MP/A/2015/000545 1 1.2. The CPIO vide letter dated 07.11.2014 informed the appellant with reference to point 8 that Foreign Exchange Department of RBI did not maintain records of complaints received by it, subject-wise and as such no information could be provided; on points 1 to 7 the appellant was informed that RBI did not have any such information in their records. The CPIO Department of Communication (DoC), RBI vide letter dated 05.11.2014 informed the appellant with reference to point 9 that Department of Communication places press releases in public domain on behalf of the RBI. As per records available with DoC, it has not issued any press release on black money in the last more than two decades. Dissatisfied with the reply of the CPIO, the appellant filed an appeal on 11.12.2014 before the first appellate authority (FAA). The FAA vide order dated 05.01.2015 held that no infirmity was found in the replies furnished by the respective CPIO. The CPIOs were only expected to provide information, which is available with him on records. The CPIOs had already explained the position to the appellant no further clarification from the CPIOs was called.
1.3. Thereafter the appellant filed the present appeal before the Commission on 07.02.2015 1.4. The matter was heard by the Commission. The appellant was not present in spite of a notice of hearing having been sent to him. The respondents reiterated their stand and stated that the information respective CPIOs had responded to the appellant.
1.5. The Commission accepts the submissions of the respondents and holds that the appellant had been appropriately responded by the respondents. The appeal is disposed of.
CIC/MP/A/2015/000544 & CIC/MP/A/2015/000545 2 No. CIC/MP/A/2015/000545:
2. The appellant Shri Omprakash Kashiram submitted RTI application dated 09.11.2014 to the Central Public Information Officer, Reserve Bank of India, Mumbai seeking information in respect of withdrawals of amount by the holder of Bofors bribe deal when the trial of Bofors was pending and sought to know the reasons with relevant documents for not freezing all accounts of black money holders by the RBI till the finalization of black money case by SIT and Supreme Court of India; reasons with documents that the Supreme Court of India and Government of India created safe passage for withdrawals of black money by all black money holders; etc. through three points.
2.1. The CPIO vide letter dated 14.11.2014 informed the appellant that they had no information to furnish in this regard. Dissatisfied with the reply of the CPIO, the appellant filed an appeal on 08.12.2014 before the first appellate authority (FAA). The FAA vide order dated 03.12.2014 while upholding the decision of the CPIO held that the mandate of the RTI Act is confined to providing of the information available with a public authority. The role of the appellate authority is to see whether the CPIO has acted in conformity with the provisions of the RTI Act. Once it is satisfied that the CPIO has discharged his duties in accordance with the mandate of the statute, there is no scope for interference from the appellate authority. The CPIO had clearly stated that the information sought was not available in the records, the appellate authority could not direct the CPIO to create or collect the information and provided to the information seeker.
2.2. Thereafter the appellant filed the present appeal before the Commission on 08.02.2015.
CIC/MP/A/2015/000544 & CIC/MP/A/2015/000545 3 2.3. The matter was heard by the Commission. The appellant was not present in spite of a notice of hearing having been sent to him. The respondents reiterated their stand and stated that the information as sought for by the appellant was not held by them.
2.4. The Commission accepts the submissions of the respondents and holds that the appellant had been appropriately replied to by the respondents. The appeal is disposed of.
(Manjula Prasher) Information Commissioner Authenticated true copy:
(T.K. Mohapatra) Dy. Secretary & Dy. Registrar Ph. No. 011-26105027 Address of the parties:
Shri Omprakash Kashiram, 03/16, Amol Apartments, Waldhuni, Kalyan-421301 The Central Public Information Officer, Reserve Bank of India, Shahid Bhagat Singh Marg, Fort, Mumbai-400001.
The Executive Director/FAA Reserve Bank of India, Shahid Bhagat Singh Marg, Fort, Mumbai-400001.
CIC/MP/A/2015/000544 & CIC/MP/A/2015/000545 4