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Central Information Commission

Mr.Sukhmandra Pal Singh vs Reserve Bank Of India on 20 January, 2012

                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796

                                                            Decision No. CIC/SG/A/2011/003306/16978
                                                                    Appeal No. CIC/SG/A/2011/003306

Relevant Facts emerging from the Appeal

Appellant                            :       Mr. Sukhmandra Pal Singh
                                             R/o: 59, S.P. Mukherjee Road,
                                             Kolkata - 700026.

Respondent                           :      Mrs. Meena Hemchandra,

Public Information Officer & CGM Reserve Bank of India Foreign Exchange Department, Central Off: Central Office Building, Shahid Bhagat Singh Marg, Mumbai - 400001.

RTI application filed on             :      25/07/2011
PIO replied                          :      11/08/2011
First appeal filed on                :      23/08/2011
First Appellate Authority order      :      05/10/2011
Second Appeal received on            :      08/11/2011

Sl.                             Information Sought                                        PIO's reply
1. In which year and on what date Reserve Bank of India, issued HOLDING             As per records available
    LICENCE to hold immovable properties in India under Section 31(1) of the        with Foreign Exchange
    FERA 1973, to M/s. "ESSO EASTERN INC' a Foreign Company,                        Department of Reserve
    incorporated under the LAWA OF THE STATE OF DELWARE in                          bank of India, the sought
    U.S.A ., having its Principal Office at 2401, South Gessner, City if Huston,    for    information     in

State of Texas in the United States of Amerca, having its office in India, in connection with M/s the Administrative Building, Mahul in Bombay -- 400047 in the year 1970. ESSO EASTERN INC, Kindly provide the 'certified copy' if the permission granted to ESSO along USA, is not available with all the enclosures submitted by ESSO with us.

Grounds for the First Appeal:

Incomplete and unsatisfactory information provided by the PIO.
Order of the First Appellate Authority (FAA):
"The information is enclosed."

Grounds for the Second Appeal:

Unsatisfactory reply was given.
Page 1 of 2
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Sukhmandra Pal Singh on video conference from NIC-Kolkata Studio; Respondent: Mr. Unni Krishnan, Assistant Legal Advisor on behalf of Mrs. Meena Hemchandra, Public Information Officer & CGM on video conference from NIC-Mumbai Studio; The PIO has stated that the information being sought is not available with the Public Authority. The Appellant insists that such information should be with the PIO and that the PIO is giving false information. Mere allegations of this nature cannot lead to inquiries being conducted by the Commission. The PIO has clearly stated that the said information is not available on the records and has reiterated this in the hearing.
Decision:
The Appeal is disposed.
The said information is not available with the Public Authority. 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 20 January 2012 (In any correspondence on this decision, mention the complete decision number.)(PRE) Page 2 of 2