Samir Sardana vs Reserve Bank Of India on 2 February, 2021

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Central Information Commission

Samir Sardana vs Reserve Bank Of India on 2 February, 2021

1. The issues under consideration i.e. the reliefs sought by the complainant in his complaint dated 26.12.2018 due to alleged non-supply of information vide his RTI application dated 22.11.2018 are as under:-

(i) Penalty on the PIO (under Section 19(8)(c), of the RTI Act,2005)

(ii) Dismissal of the PIO on account of illegal, deliberate, mala fide and baseless

(iii) Administrative action and/strictures, against the PIO (under Section 20(2) , of the RTI Act,2005 )

(iv) Recommendation to the RBI and the GOI - Ministry of Finance, for administrative action and/strictures, against the PIO/FAA Page 1 of 7

(v) Impose Maximum Penalty, on the PIO under Section 20(1) ,of the RTI Act,2005

(vi) Direct the Respondents to refund the Application fee paid by Complainant while submitting RTI Application, as per section (7)(6) of the RTI Act

(vii) Invoke its powers under the RTI Act to issue any other direction or recommendation as it may deem appropriate.

(viii) Direct the public authority to make entry in Service Book/Annual Performance Appraisal Report of the Respondents for defying the provisions of the Act

2. Succinctly facts of the case are that the complainant filed an application dated 22.11.2018 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Reserve Bank of India, Mumbai, seeking following information:

Type A i. 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. • If yes, PIO to confirm the period for which the said schedule is maintained - id.est., 1 year or 2 years or more.

• 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. • 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.

• 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.

ii. PIO to confirm that it has an ageing schedule (to any degree or extent) of FX to be remitted into this action - on a daily or weekly or monthly or quarterly basis Page 2 of 7 • If yes, PIO to confirm the period for which the said schedule is maintained - id.est, 1 year or 2 years or more • 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. • 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.

• 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.

iii. 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. iv. 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 is not sought) • If yes, the number of applications w.r.t. which the above said information was provided in whole or in part) • If the number of the said applications is less than 10 - the PIO to state the nature of the said information provided.

v. PIO to provide the names of the reports and MIS statements prepared by the RBI on the above said subject.

Type B i. 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 Page 3 of 7 • If yes, PIO to confirm the period for which the said schedule is maintained -

id.est., 1 year or 2 years or more.

• 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.) • 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.

ii. 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 nations - on a daily or weekly or monthly or quarterly basis. • If yes, PIO to confirm the period from which the said schedule is maintained -

id.est. 1 year or 2 years or more.

• 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. • 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.

iii. 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.

iv. PIO to provide the names of the reports and MIS statements prepared by the RBI on the above said subject.

Page 4 of 7

Type - C i. PIO to confirm that it has aggregate data of unhedged export receivables and import payables.

• If yes, the PIO to confirm the tenor for which RBI maintains data, id.est., daily, weekly, fortnightly, monthly or quarterly.

ii. PIO to confirm that it has the said data w.r.t. each other. iii. 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 RBI. • If yes, PIO to provide the coordinates of the same. iv. PIO to provide the names of the reports and MIS statements prepared by the RBI on the above said subject.

v. PIO to confirm if it has confirmed or provided the status of unhedged position of an entity to any RTI applicant in last 5 years.

vi. PIO to confirm if it has confirmed or provided the data of unhedged position (by value only) of any entity to any RTI applicant in the last 5 years.

Type D i. 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 ii. PIO to provide the basis of closure of the complaint filed by Samir Sardana on Kotak Mahindra Bank in 2016 - submitted to the RBI and the PMO • (basis refer to the note sheet or decision note which records the basis for disposing the complaint against Kotak Bank) The CPIO vide letter dated 13.12.2018/08.03.2019 replied to the complainant. Aggrieved by this, the complainant filed a complaint dated 26.12.2018 before this Commission which is under consideration.

3. The complainant has filed the instant complaint dated 26.12.2018 inter alia on the grounds that reply given by the CPIO was not satisfactory. The complainant requested the Page 5 of 7 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 08.03.2019 that the complainant may refer to the Handbook of Statistics of Indian Economy and Monthly Bulletin sections of the database of Indian Economy (DBIE) website; data with respect to ageing schedule was not readily available with them and doing the same would disproportionately divert supervisory resources, hence, unable to provide information in terms of Section 7(9) of RTI Act, 2005.

The FAA vide its order dated 14.02.2019 had directed the CPIO to re-visit the RTI application in response to which the above reply was given.

5. The complainant and on behalf of the respondent Shri Ashok Parikh, CPIO and Ms Aradhana Ohri, Legal Officer, Reserve Bank of India, Bandra, attended the hearing through video conference.

5.1. The complainant inter alia submitted that the reply given by the respondent was not satisfactory and that the information which must be voluntarily disclosed to the appellant was deliberately not disclosed by the respondent.

5.2. The respondent while defending their case inter alia submitted that they had addressed all points raised in the RTI application. The respondent further argued that the information which was not clear or specific and not "information" as defined under section 2(f) of the RTI Act, 2005, could not be furnished to the complainant. Further, the weblinks of the sections for the Handbook directly leading to the data sought by the complainant were made available to him.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, observes that observes that due reply was given by the CPIO's letter's dated 08.03.2019. Further, the respondent would not be under any obligation to provide such information which was not maintained by them in material form and it would not be appropriate to burden the respondent authority to create information which is not maintained by them. That being so, there appears to be no Page 6 of 7 infirmity with the reply given by the CPIO and there appears to be no merit in the complaint. Accordingly, the complaint is rejected.

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

Sd/-

(Suresh Chandra) (सुसुरेश चं ा) ा Information Commissioner (सूसूचना आयु ) दनांक/Date: 02.02.2021 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

CPIO :

1. RESEREVE BANK OF INDIA CENTRAL OFFICE BUILDING, SHAHID BHAGAT SINGH MARG, MUMBAI - 400 001 THE F.A.A, RESEREVE BANK OF INDIA, CENTRAL OFFICE BUILDING, SHAHID BHAGAT SINGH MARG, MUMBAI - 400 001 SAMIR SARDANA Page 7 of 7

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