Shailesh Gandhi

B2, Gokul Apartment, Podar Road, Santacruz (W), Mumbai 400054

email: shaileshgan@gmail.com Tel: 91 22 26001003; 8976240798

Complaint under Section 18 (1) (f) of the RTI Act

To,
The Chief Information Commissioner,
August Kranti Bhavan, Bhikaji Cama Place, New Delhi 110067.
Dear Sir,
I am making a complaint under Section 18 (1) (f) against the Reserve Bank of
India.
Section 18 (1) (f) provides for a complaint in respect of any other matter
relating to requesting or obtaining access to records under this Act. Hence there
is no RTI application with this.
RBI has issued what it calls a Disclosure Policy on its website at:

https://rbi.org.in/Scripts/bs_viewcontent.aspx?Id=2347#ps
The list of information which shall not be given is justified by the proclamation
that: While compiling the ( nondisclosure) list, it has been the Bank's endeavour
to attain the objectives of the RTI Act, without jeopardizing the financial stability
and economic interests of the State. Effectively it means that RBI arrogates to
itself the right to lay down exemptions to disclosure of information in line with the
objectives of the Act. This is the sole prerogative of Parliament which has
provided the exemptions to disclosure in Section 8 and 9 of the RTI Act.
You will be aware that the Supreme Court of India had in a clutch of nine transfer
cases of RBI ruled that the decisions of CIC in ordering information to be
provided were correct had said We have, therefore, given our anxious consideration to

the matter and came to the conclusion that the Central Information Commissioner has passed
the impugned orders giving valid reasons and the said orders, therefore, need no interference
by this Court. Even these have been listed as information which will not be disclosed.#
It is an irony that the Disclosure Policy only lists information which will not be
disclosed in the garb of claiming exemptions under Section 8 (1) of the RTI Act.
This is illegal and is certainly usurpation of the powers of the commission. RBI
has no power under law to declare which information is exempt. That is the role
of the commission. This is a very dangerous and illegal action, which could cause
complete disruption of the working of RTI, if other public authorities follow this
example. PIOs of public authorities will then be following the illegal proclamation
of their organizations instead of the RTI Act.
Relief sought: Please declare this action of RBI illegal and reprimand them for this
illegal act.
This matter needs to be heard urgently, since this is a major threat to the
fundamental right of citizens. I am also a senior citizen.
Yours truly

Shailesh Gandhi,
Former Central Information Commissioner
16 December 2016
Enclosed: List of information ordered to be given by CIC orders