Central Information Commission, New Delhi
File No.CIC/SM/C/2009/000666
Right to Information Act2005Under Section (19)
Date of hearing : 4 August 2011
Date of decision : 4 August 2011
Name of the Complainant : Shri D Shekhar Rao
No. 45, 407 SFS,
Yelahanka. NT,
Bangaluru.
Name of the Public Authority : CPIO, Reserve Bank of India,
Department of Administration &
Personnel Management, Central Office,
1st Floor, Amar Bldg., P.M. Marg,
Mumbai - 400 001.
The Appellant was present in person.
On behalf of the Respondent, Shri Unnikrishnan was present.
Chief Information Commissioner : Shri Satyananda Mishra
2. We heard this case through video conferencing. The Appellant was
present in the Bangalore studio of the NIC while the Respondents were present
in the Mumbai studio. We heard their submissions.
3. It appears the Appellant had, in two separate RTI applications, wanted to
know from the RBI about the alleged purchase of land by a nonresident Indian
from an Indian citizen for a highly depressed consideration. The CPIO had
informed him that the RBI had given no permission to that nonresident Indian
CIC/SM/C/2009/000666
for any such purchase and that, in case any violation of the FEMA provisions
had taken place, the Directorate of Enforcement would be the authority to look
into the matter and take any further action.
4. During the hearing, the Appellant admitted to have received these
replies from the CPIO. However, he had certain doubts about the position taken
by the RBI in the matter since he thought that it was the RBI which was
competent to impose penalty in cases of violation of the FEMA provisions. The
Respondents clarified that the RBI had only power to compound such violations
only when the contravener approached them; otherwise, it was only the
Directorate of Enforcement which alone had the power to adjudicate on
violations of such provisions and to impose any penalty.
5. It is quite clear that the RBI has already provided whatever information it
could on the subject. The Appellant appears to be dissatisfied over the fact that
no action has been taken by the competent authorities against the nonresident
Indian who had purchased the land from an Indian citizen at highly reduced
rates. Unfortunately, the CIC cannot help in this. The Appellant may like to
approach the Directorate of Enforcement or any other competent authority to
redress his grievance and to look into his complaint. There is nothing more for
the RBI to provide him by way of information.
6. The appeal is disposed off accordingly.
7. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Chief Information Commissioner
CIC/SM/C/2009/000666
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO of this
Commission.
(Vijay Bhalla)
Deputy Registrar
CIC/SM/C/2009/000666