Central Information Commission Judgements

Mr.Satish Bhardwaj vs Reserve Bank Of India on 8 November, 2011

Central Information Commission
Mr.Satish Bhardwaj vs Reserve Bank Of India on 8 November, 2011
                       CENTRAL INFORMATION COMMISSION
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                                                         Decision No. CIC/SG/A/2011/002107/15513
                                                                 Appeal No. CIC/SG/A/2011/002107
Relevant facts emerging from the Appeal:

Appellant                             :       Mr. Satish Kumar Bhardwaj,
                                              30, Sewa Nagar, Putlighar,
                                              Amritsar - 143001, Punjab.

Respondent                            :       Mr. Ashok Joshi,
                                              PIO & General Manager
                                              Reserve Bank of India
                                              Department of Administration
                                              & Personnel Management,
                                              Central Office, Amar Building,
                                              P.M. Marg, Mumbai - 400001.

RTI application filed on              :       15-02-2011 & 22-02-2011
PIO replied on                        :       29-03-2011
First Appeal filed on                 :       Date not mentioned.
First Appellate Authority order of    :       01-06-2011
Second Appeal received on             :       05-07-2011

Information sought:
The appellant asked about the status of his application dated 09-01-2011 in the matter of
organized crime - money corruption etc in RBI Jammu. Net work spread over from RBI
Jammu to its Central Office Mumbai.

The PIO reply and Information sought table:-
Please refer to your applications dated February 15, 2011 and February 22. 2011, addressed to the
CPIO, Ministry of Home Affairs and CPIO, Ministry of Economic Offences transferred to us under
Section 6(3) of the RTI Act, 2005 by the Ministry of finance vide their letter F,No.25/5/2011N1G/RTI
dated March 16, 2011. In this connection, we advise as under
 Sl.    Information sought                                 The PIO replied
 1. Application dated 22- You letter dated December 30, 2010, addressed to the Government of
      02-2011 wherein you India, Ministry of Finance was forwarded to us by the Ministry of
      have sought the status Finance; vide their letter dated 11 February 2011, which was received
      of your email letter by us on February 22, 2011. We have issued our reply on February 25,
      dated 30.12.2010 and      2011. to the Ministry of Finance.
 2. Email letter dated Your letter dated February 17, 2011, addressed to the Finance
      17.02.2011                Minister, Min. of Finance, Gove. Of India, New Delhi, was received
                                as an enclosure to your RIA application dated 22.02.2011 by RIA
                                Division. The letter dated February 17, 2011 is being forwarded to our
                                department of Administration & Personnel Management and Premises
                                Department.

Grounds for the First Appeal:
The appellant is not satisfied with the PIO reply.

Order of the First Appellate Authority (FAA):
       "This appeal dated 15th April, 2011 & 24th April, 2011 is preferred by the appellant Shri Satish
l3haradwaj under Section 19 of the Right to Information Act, 2005 (Act) against the reply of the
Central Public Information Officer (CPIO) of the Department of Administration and Personnel
Management (DAPM1. Reserve Bank of India (RBI) on the applications dated 15th February, 2011
 and 22nd of February 2011 made by him to the CPIO of Ministry of Home, Government of India, New
Delhi which was received by the CPIO, DAPM under section 6(3) of the Act.
        It is seen that the above mentioned applications were submitted by the appellant to the CPIO of
Ministry of Home, Government of India, New Delhi requesting for status of his emails and letters
addressed to the Home Minister, Ministry of Home Affairs, New Delhi, The CPIO of Department of
Financial Services, Ministry of Finance by his letter dated 16th March 2011 transferred both the
applications under section 6(3] of Act to the CPIO of RBI. The CPIO, DAPM by his letter dated 29th
March, 2011 replied to both the applications of the appellant. Not being satisfied with the reply given
by the CPJO, DAPM the appellant has preferred this appeal before me. A copy of the reply dated 29th
March, 2011 issued by the CPIO, DAPM is annexed to this order for ready reference.
        I have gone through the papers and also considered the contentions of the appellant. The
appellant in his appeal has not raised any specific ground. The appellant has stated that "no reply has
been submitted by the CPIO within the meaning and spirit of RTI Act". The appellant by his
application dated 15th of February 2011 had requested the CPIO of Ministry of Home to advise him as
regards the status of his e-mail/letter dated 09.01.2011. The appellant in the said letter had raised the
issues of 'Class IV to I promotions and corruption in RBI, Jammu office especially with respect to
Tenders pertaining to Reserve bank office building & staff quarters project'. In his application dated
22nd February 2011 the appellant had requested the CPIO of Ministry of Home to advise him
regarding the status of his e-mails/letters dated 30.12.2010 and 17.02.2011. In these letters addressed
to the Ministry of Home, the appellant had raised similar issues pertaining to promotions and
corruption in RBI. The appellant by filing both the applications under the Act sought to know the
status of his emails/letters addressed to the Ministry of Home Affairs. These letters along with the
applications were transferred to the CPIO RBI I see that, the CPIO, DAPM by his letter dated 29th
March, 2011 informed the appellant that the said letters have been forwarded to the concerned
departments. I direct the CPIO to ascertain the latest position in this regard from the concerned
departments and appraise it to the appellant within 15 days of this order.
        The appeal is disposed of with the above observations. A copy of this order may be marked to
CPIO, DAPM for necessary compliance. This order may be served on the appellant".

Ground of the Second Appeal:
The appellant is not satisfied with the PIO reply & FAA order.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Mr. Satish Kumar Bhardwaj;

Respondent: Mr. K. P. S. Kapoor, Dy. Legal Advisor and Ms. Sakti Dubey, DGM (RTI)on behalf of
Mr. Ashok Joshi, Public Information Officer & General Manager on video conference
from NIC-Mumbai Studio;

The respondent states that as per the order of the FAA the Appellant has been provided the
latest position on 21/06/2011. The respondent states that this was again sent on 26/07/2011 by email as
well as by speed post. The Appellant states that he had raised four issued in his letter but RBI appears
to have addressed only two issues. This is not the matter on which the Commission has any
jurisdiction.

Decision:

The Appeal is disposed.

The information available on the records has been provided to the Appellant.

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
08 November 2011
(In any correspondence on this decision, mention the complete decision number. (BK))