File noting regarding issue of currency with signature of a RBI governor after he quit the post was denied u/s 8(1)(a) stating that it contained sensitive design related matters regarding the currency notes - CIC: provide the action taken report, if any

File noting regarding issue of currency with signature of a RBI governor after he quit the post was denied u/s 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; stating that it contained sensitive design related matters regarding the currency notes - CIC: provide the action taken report, if any

Information regarding printing & issuing of currency notes was denied stating that this matter is dealt by Bhartiya Reserve Bank Mudran & Bank Notes Press - Appellant: PIO should have transferred these queries to the appropriate public authorities u/s 6(3) – CIC: transfer the queries to the concerned public authority u/s 6(3)

ORDER

1. The appellant, Shri Subhash Chandra Agrawal submitted RTI application dated 07.03.2014 before the Central Public Information Officer (CPIO), Reserve Bank of India, Mumbai seeking information relating to a news-clipping ‘Deadline to exchange pre-2005 notes extended till Jan 2015’ (TOI 04.03.2014) and submissions ‘RBI extending deadline to change pre-2005 notes: step to allow black money in LS polls’ e-mailed to RBI and routed to Department of Economic Affairs on 04.03.2014 through P-portal; on twelve points -

(1) file notings/documents on decision taken to extend deadline to withdraw pre-2005 currency-notes now by January 2005;

(2) correspondence/file notings on action taken each aspect of submissions ‘RBI extending deadline to change pre-2005 notes: step to allow black money in LS polls through PG portal on 4.3.2014;

(3) did RBI or Union Finance Ministry get objections against withdrawing pre-2005 currency notes by March 2014;

(4) copies of objections etc. on action taken by RI and/or concerned ones at Finance Ministry on these objections;

(5) currency notes with signature of former RBI governor Shri D. Subarao were issued in the year 2014 after he had quit the post of RBI Governor;

(6) Were these currency notes with signature of former RBI Governor issued in 2014 after he had quit post, valid;

(7) number of currency notes (a) printed (b) put in circulation in each denomination with signature of former RBI governor issued in 2014 after he quit as RBI Governor;

(8) complete steps taken, if any, to take back currency notes with signature of former RBI governor in the year 2014 after he had quit as RBI Governor;

(9) complete information with related file notings etc. on action taken against concerned ones for issuing currency notes with signature of former RBI governor in the year 2014 after he had quit the post;

(10) complete information with all related file notings etc to check any such future happenings like issue of currency with signature of a former RBI governor after he/she quit post of RBI governor;

(11) any other related information; and (12) file notings on movement of his RTI application.

2. The CPIO vide letter dated letter dated 09.04.2014 provided press releases on point 1 and denied information relating to file notings etc. stating that the documents sought pertained to currency matters of sensitive nature, disclosure of which would prejudicially affect the economic interests of the State and was therefore exempt u/s 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; and provided information on point 2; In response to point 3 and 4 the CPIO intimated the appellant that no objections were received by RBI in relation to the date fixed earlier i.e. 31.3.2014 for withdrawal of pre-2005 banknotes; in response to point 5 and 6 the appellant was intimated in affirmative; and on point 7 – that the information was not available with RBI; He was informed with reference to point 8 that no such steps taken; On point 9 the appellant was informed that banknotes are printed by note printing presses and were supplied to RBI for issue to public through banking channel. As such, the subject matter was outside the ambit of RBI; The information was denied u/s 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; on point 10; Points 11 and 12 were responded to. Dissatisfied with the reply of the CPIO on points 1, 7, 9 and 10, the appellant filed an appeal on 16.04.2014 before the first appellate authority (FAA). The FAA, vide order dated 22.05.2014 upheld the reply of the CPIO on point 1, 7 and 10; on point 9 the FAA held that the RBI is responsible for issue of banknotes and the query was related to issue of banknotes and directed the CPIO to revisit the query and issue a suitable reply to the appellant keeping in view the provisions of the RTI Act.

3. Thereafter the appellant filed the instant appeal before the Commission.

4. The matter was heard by the Commission. The appellant stated that file notings/correspondence in response to point 1 and 10 were denied by the respondents u/s 8(1) (a) of the RTI Act. The respondents stated that the file notings contained the sensitive design related matters regarding the currency notes that is why the information was denied u/s 8(1) (a) of the RTI Act. The appellant further submitted that if information on points 7 and 9 was not related to the RBI and was not available with the CPIO and the CPIO should have transferred these queries to the appropriate public authorities u/s 6(3) of the RTI Act. The respondents stated that there are two entities for printing of currency notes, one is under RBI i.e. Bhartiya Reserve Bank Mudran (P) Ltd., Bangalore and the other Bank Notes Press, which is under Government of India. As both the authorities are public authority under the RTI Act, the appellant should seek information from them. In response to appellant’s query during the hearing whether the currency notes released prior to 2005 still continue to be legal tender, the respondents confirmed that till the withdrawal of such notes from circulation, these currency notes will continue to be legal tender.

5. Having considered the submissions of the parties, the Commission directs the CPIO to transfer point 7 and 9 to the public authority concerned u/s 6(3) of the RTI Act within five days. The CPIO is directed to provide the action taken, if any, by RBI with reference to the issues in point 10. The CPIO will comply with the directions of the Commission within ten days of receipt of this order. The appeal is disposed of.

(Manjula Prasher)

Information Commissioner

Citation: Shri Subhash Chandra Agrawal v. Reserve Bank of India in Appeal: No. CIC/MP/A/2014/001303