CIC: Provide the details of RBI office where the records related to new notes issued are kept & the period of retention of records - CIC: Inform why providing the information sought for will disproportionately divert the resources of the public authority
30 Dec, 2018O R D E R
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Reserve Bank of India, Human Resource Management Department, Mumbai-400001 seeking information on three points, including, inter-alia
(i) in which office of RBI are the records related to the serial numbers of new bank notes issued in Brihamumbai region kept, and
(ii) under which rule/circular these records are kept and the period for which these records are maintained.
2. The appellant filed a second appeal before the Commission on the ground that information has not been provided to him either by CPIO or FAA. The appellant requested the Commission to direct the CPIO to provide the information as sought by him.
Hearing:
3. The appellant was absent despite notice. The respondent Shri Aarun Kumar, Legal Officer, Reserve Bank of India, Human Resource Management Department, Mumbai along with Shri Marut Prakash Behera, Assistant General Manager attended the hearing through video conferencing.
4. The appellant submitted his written submissions dated 25.11.2018 and the same has been taken on record. The appellant vide his written submissions submitted that the respondent has wrongly denied information on point nos. 1 and 2 of his RTI application under Section 8(1)(a) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; of the RTI Act. The appellant stated that the information sought by him does not have any concern with national security but it is general information which can be disclosed under the RTI Act. The appellant in his written submissions further submitted that the respondent has wrongly invoked Section 7(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. of the RTI Act on point no. 3 of his RTI application. In this regard, he stated that the information sought pertains to six bundles, of currency notes of Rs.1000, which are in sequential order. In view of this, the respondent has to only find out the detail of one note from each bundle. Hence, providing the name and address of the bank and the branch, as well as the dates on which the notes were supplied to the branch should not divert the resources of the respondent organization. He further submitted that the above-mentioned information should also be readily available on the computers of the Reserve Bank of India. Hence, the information sought by him should be provided.
5. The respondent submitted that point-wise information has already been provided to the appellant vide letter dated 24.05.2017. The respondent stated that the information sought by the appellant on point nos. 1 and 2 are exempted from disclosure under Section 8(1)(a) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; of the RTI Act. He further stated that the information sought on point no. 3 of the RTI application cannot be provided as per Section 7(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. of the RTI Act. The respondent, however, could not explain as to how the disclosure of the information sought would affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State and why the information sought vide point no. 3 of the RTI application would disproportionately divert the resources of the respondent organization.
Decision:
6. The Commission, after hearing the submissions of the respondent and perusing the records, observes that the respondent has wrongly invoked Section 8(1)(a) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; and Section 7(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. of the RTI Act in denying the information. The Commission observes that the appellant has sought information regarding the details of office of Reserve Bank of India where the records related to new notes issued to the banks in Brihanmumbai region are kept and the period for which these records are retained, etc. The disclosure of this information, surely, cannot affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, etc. In view of this, the Commission directs the respondent to provide information to the appellant on point nos. 1 and 2 of the RTI application. The Commission further observes that the appellant’s contention that the information sought vide point no. 3 of the RTI application can be provided easily is not without merit. The Commission, therefore, directs the respondent to furnish a detailed reply as to why providing the information sought for will disproportionately divert the resources of the public authority to the appellant. The Commission also directs the respondent to allow the appellant, in case he so desires, to inspect the relevant records pertaining to point no. 3 of the RTI application, as per the provisions of the RTI Act. The above directions of the Commission shall be complied with, within a period of four weeks from the date of receipt of a copy of this order.
7. With the above observations, the appeal is disposed of. 8. Copy of the decision be provided free of cost to the parties.
Sudhir Bhargava
Information Commissioner
Citation: Ajit A Apraj v. CPIO, Reserve Bank of India in Second Appeal No. CIC/RBIND/A/2017/159562, Date: 13.12.2018