The FAA of ESIC wrongly denied information using Section 7(9) of the RTI Act. However, during the hearing before the CIC, the PIO agreed to allow the appellant to inspect transfer records and take photocopies of 10 selected documents. This is the 55th in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application
The Central Information Commission (CIC), while allowing an appeal, asked the Public Information Officer (PIO) of the Employees State Insurance Corporation (ESIC) to facilitate an inspection of relevant records and provide attested copies for the records that the appellant wanted to see.
While giving this important judgement on 7 July 2010, Shailesh Gandhi, the then Central Information Commissioner said, “If proving the information in the format sought by the appellant would disproportionately divert the resources of the public authority, then the information has to be provided in an alternate format.”
Delhi resident Rajveer Singh, on 27 August 2009, sought information from the Employees State Insurance Corporation regarding transfers in the organisation. He sought the following information...
Furnish documents with regarding to transfer on permanent basis, diversion basis, temporary basis, on promotion, etc. issued by ESIC Headquarters Office in the cadre of assistant director, deputy director, joint director, director, and additional commissioner during the period 1 January 2006 till date:
1. Furnish copies of orders.
2. Furnish copies of noting sheets wherein above transfer orders were examined and decided.
3. Furnish copies of orders and concerned noting sheets wherein transfer orders were kept in abeyance or extension has been granted or place of pasting has been changed.
4. Furnish details of representation submitted by SC/ST officers or representative bodies of SC/ST against the transfer of SC/ST officer. And copies of noting sheets where these representations complaints were examined and decided.
5. Furnish name of the regions for which post of additional commissioner is sanctioned.
6. Furnish name of the regions/sub-regions/hospital for which post of director is sanctioned.
7. Furnish name of the regions/sub-regions/divisional office/hospital for which post of joint director is sanctioned.
8. Furnish details of the regions/sub regions/divisional office/hospital wherein an officer of lower cadre has been posted then the sanctioned posts along with the copy of noting sheets wherein these posting examined and decided.
9. Furnish details of the regions/sub-regional divisional office/hospital wherein an officer of higher cadre has been posted then the sanctioned posts along with the copy of noting sheets wherein these posting examined and decided.
There was no mention of any reply received from the PIO. Singh then filed his first appeal before the First Appellate Authority (FAA). In his order, the FAA said “The disclosure of information will not serve any public interest. The information sought by the appellant cannot, therefore, be provided to him under section 7(a) of Right to Information (RTI) Act, 2005.”
Not satisfied with the FAA's decision, Singh then approached the Commission with his second appeal.
During a hearing, the PIO stated that providing the information (sought by Singh) would disproportionately divert the resources of the public authority.
Mr Gandhi, the then CIC, noted that the FAA has erred in refusing information using Section 7(9). However, after discussing the issue with both the parties, it was agreed that the PIO would allow Singh to inspect the transfer posting order guard file.
The PIO stated that all transfer orders may not be on this file. “After inspecting the said file the appellant will identify the orders for which he wants photocopies and these would be provided to him,” the CIC said.
However, the PIO pointed out that providing notings for all of these would be a very laborious task to which Singh agreed that he would seek notings for 10 transfer orders selected by him.
The Commission then directed the PIO to facilitate an inspection of the relevant records by the appellant on 30 July 2010 and provide attested photocopies for the records which he wants. “The appellant will give the names of the 10 transfer order for which he wants the file notings for which the PIO will provide the photocopies to the appellant before 20 August 2010,” the CIC said in its order.
CENTRAL INFORMATION COMMISSION
Decision No. CIC/SG/A/2010/001407/8431
Appeal No. CIC/SG/A/2010/001407
Appellant : Rajveer Singh,
Respondent : BD Sharma
CPIO & Director
Employees State Insurance Corporation,
Headquarters Office, Panchdeep Bhavan, CIG Marg,
New Delhi. -110002
Though investments in tax-saving schemes increased over the previous month, sales of other schemes declined leading to a net outflow of Rs163 crore in February
Equity mutual schemes have not witnessed a single month of inflow over the last nine months. The months of December 2012 and January 2013 saw a jump in equity sales. However, sales in February 2013 could not keep up with the previous two months. Equity MF sales in December and January amounted to Rs4,343 crore and Rs5,599 crore, respectively. Sales in February dipped to Rs3,713 crore despite the fact the equity linked savings schemes (ELSSs) contributed to 9% of the sales; the highest since March last year. Even redemptions, which amounted to Rs3,876 crore, were the lowest in the last eight months. But still, due to the poor sales, equity schemes witnessed another month of outflow.
There were no new fund offers that closed in the previous month. A reason for the dip in sales could be that distributors are more focussed on pushing Rajiv Gandhi Equity Saving Schemes (RGESSs) to their clients due to the high commission involved (Read: High value applications perverting RGESS, while SEBI remains mum) As most of these NFOs would be closing in March, it would be interesting to see the quantum of inflows brought in by these schemes.
Though redemptions from equity schemes were lower compared to the previous months, the number of folios declined by nearly 2.30 lakh to 3.34 crore in February, from 3.36 crore folios in January. We have been constantly highlighting the decline in folios in our earlier articles as well. We had mentioned that as on 31 March 2009 the number of folios stood at 4.17 crore, but since then there has been a constant reduction in folios. As of now the number of folios is down by nearly 20% since 2009.
Equity assets under management (AUM) fell by over 7% from Rs1.90 lakh crore in January to Rs1.76 lakh crore in February. The S&P BSE Sensex declined by 5% over the period.
The government will continue to take policy measures to revive investments spending that will help to stabilize private corporate capex, says Morgan Stanley
The slower growth in central government spending, which is about 14.5% of GDP (gross domestic product), means that GDP growth rates will be constrained in the near term even as growth has already slipped to a 10-year low in FY2013. The moderation in central government expenditure growth will act as a natural drag on aggregate demand and hence GDP growth. Moreover, rural consumption, which had earlier benefitted from fiscal transfers and high rural wage growth, will also moderate as support from these factors wanes. While moderation in CPI should help urban real income growth, without a strong recovery in employment growth, overall consumption growth recovery will be slow. Consequently, in the near term, the importance of capex and exports as growth drivers will increase, says Morgan Stanley.
Some of the key factors affecting private investment sentiment over the last three years have been volatile global capital markets, relatively high energy prices, inflation and cost of capital and corruption-related investigations and slowdown in execution of the government’s administrative machinery. While the government’s recent efforts to revive investment have helped improve public capex (largely state-owned enterprises and government departments), private investment trend has been weak.
Most indicators of capex imply that investment to GDP is stabilizing at low levels. While public sector capex appears to be recovering, private capex remains weak, points out Morgan Stanley.
“We are building in a gradual recovery in export growth based on developed markets growth trajectory and assume that the government will continue to take policy measures to revive investment spending that will help to stabilize private corporate capex. We believe that developed markets’ domestic demand outlook and policy measures to revive investment spending are the key anchors for economic revival,” argues Morgan Stanley. “Indeed, we have consistently argued that measures other than monetary policy are more crucial for reviving investment. In this regard, the government has taken a number of steps to prevent the persistent decline in investment to GDP. Moreover, the budget for Fy2014 announced small measures to encourage investment such as tax allowance for investment and higher quota of tax-free infrastructure bonds,” the global investment bank added.
The finance minister has indicated that the government intends to allow public/private partnerships in the coal industry, reviews of oil & gas exploration policy to move from profit-sharing to revenue-sharing contracts, and the announcement of a policy to encourage exploration and production of shale gas. Some of these proposals are slightly longer term in nature and thus the impact on investment growth would take time.
The report concludes with the forecast, “We are currently building in a gradual recovery in GDP growth in FY2014 to 6% (lower than the earlier estimate of 6.2%) as compared to our estimate of 5.1% for FY2013.”