RTI Judgement Series
RTI Judgement Series: When PIO sends complaint to the body against which allegations were made

The PIO sent a complaint to the Registrar of Cooperative Societies, against which allegations of corruption of about Rs39 crore were made. The CIC then asked the PIO to provide letters and file notings of the process followed to take the decision. This is the 32nd in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application

Questioning the rational of sending a complaint to the body against which the allegations are made, the Central Information Commission (CIC) directed the Public Information Officer (PIO) to provide the letters and notings which evidence the process of deciding to send this case to the body. While giving this important judgement, Shailesh Gandhi, former Central Information Commissioner said it appears a little bizarre and difficult to understand what purpose would be served by this.


“The Commission directs Amitabh Joshi, the PIO of the Director of Vigilance, to provide the letters and notings which evidence the process of deciding to send this case to the Registrar of Cooperative Societies (RCS),” the CIC said in its order issued on 13 July 2009.


Delhi resident Rajinder Kumar Kaushik, on 9 May 2008, filed a complaint about corruption and embezzlement to the tune of Rs39 crore alleging that officers of the Registrar of Cooperative Societies were involved with the Central Bureau of Investigation (CBI). He sought the status and progress report of the following documents:


i) Letter No.DLI/ACB/Complaints/CA-2865/06/8123 dated 08/06/20007 sent to the Director (Vigilance) w.e.f 13/11/2006 to till date

ii) The names and designations of the officials who were entrusted/assigned to take action or investigate.

iii) The names with the addresses of the persons who were summoned to appear or record their statement and/or examined in the process of investigation.

iv) As these officials (who were supposed to attend but not done so) found erring/guilty, does your good office (i.e. Director Vigilance) plan to take action against them?

v) If yes, in how much time & shape i.e. penalty/punishment/department enquiry or any other?


Since Mr Kaushik said he did not receive any reply from the PIO, he filed first appeal with the First Appellate Authority (FAA). The FAA in his order stated that the PIO had given the reply within the stipulated time, which is given below:


i) A complaint dated 13 November 2006 was received from RK Kaushik, in through CBI vide No DLI/Anti Corruption Branch/Complain/CA 2865/06/8123 dated 8 June 2007 the complaint was forwarded to RCS vide letter dated 11 July 2007 for taking necessary action at their end.

ii) The requisite information pertains to office of the RCS, Government of National Capital Territory of Delhi (GNCTD), in the view of above a copy of the RTI application is being transferred u/s 6(3) of RTI Act to the PIO RCS for furnishing information.

iii) As above.

iv) As above.

v) As above.


The FAA, later said, “The appellant sought names and details of the officials who were assigned investigation of the complaint made by the appellant. Since the complaint was forwarded by the Directorate of Vigilance to the officer of the RCS for necessary action, such information could be provided by the office of RCS. Hence, the PIO’s decision to transfer the application of the appellant was correct. He was in no position to supply information sought vide point Nos. 2, 3, 4 and 5 of the application. During the hearing the appellant did not inform if he received any reply from the PIO of RCS in respect of the transferred application.”


Not satisfied with the reply received from the FAA, Mr Kaushik then filed the second appeal before the CIC. During the hearing on 10 November 2008, the Commission noted that the appellant had filed a complaint about corruption and embezzlement to the tune of Rs39 crore alleging that officers of the Registrar of Cooperative Societies were involved with the CBI. The CBI sent the complaint to the Director of Vigilance.


“The information provided by the PIO to the appellant was that the complaint was in turn forwarded to the RCS by the Director of Vigilance. This is appearing a little bizarre since it is difficult to understand what purpose will be served by sending a complaint to the body against whom the allegations are made," Mr Gandhi, the CIC, said.


While allowing the appeal, the Commission then directed the PIO of the Director of Vigilance to provide the letters and notings which evidence the process of deciding to send this case to the RCS before 30 July 2009.




Decision No. CIC/SG/A/2009/001370/4110


Appeal No. CIC/SG/A/2009/001370



Appellant                                          : Rajinder Kumar Kaushik

                                                               New Delhi-110003


Respondent                                      : Amitabh Joshi

                                                              Public Information Officer

                                                              O/o the Director (Vigilance)

                                                              Delhi Secretariat, I. P. Estate,

                                                              New Delhi-110002


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India's savings likely at a decade low, spells further problems for the economy

Decline in domestic savings would spell trouble for an investment-starved economy like India with its worsening current account deficit

Nomura Research estimates that domestic savings rate is likely to fall to a decade low of 27% of Gross Domestic Product (GDP) for FY13. The savings rate was 30.8% at the end of March 2012. A reduction in domestic savings would directly mean a decline in savings available for investment, which could put further pressure on the economy. As per report from Nomura Research, “lower financial savings are a negative for an investment-starved economy like India as they reduce the amount of investible funds available to finance domestic investment, thereby increasing the dependence on foreign capital.”

Nomura Research points out that India’s current account deficit continues to worsen widening to 4.2% of GDP in FY12, despite a deceleration in GDP and a fall in investment. According to revised national accounts data, a sharp slump in gross domestic savings to 30.8% of GDP in FY12 (from 34% in FY11) was responsible. The current account deficit will likely deteriorate to around 5% of GDP in FY13, Nomura Research estimates.

However, unlike FY12, gold is not responsible for the higher CAD. Excluding oil and gold, India’s trade deficit worsened sharply to $33.2 billion in 2012 (Apr-Oct) from $22.8 billion last year. The slowdown in advanced economies lowered the demand for India’s major manufactured exports which are demand sensitive and mainly consist of non-differentiable low-end metal products and other items like handicrafts, leather, gems and jewellery. In order to meet ever-growing domestic demand, exports of refined petroleum products have slowed sharply, the research report mentioned.

According to Nomura Research, “India’s investment requirements are large, but they can be financed without increasing the current account deficit if the domestic savings rate reverses its falling trend. This requires continuing down the path of fiscal consolidation and stepping up efforts to tame inflation, which will boost corporate and household financial savings.”

Household savings contribute up to 80% of India’s gross domestic savings and it has been the highest component for over six decades. Household savings include financial assets and physical assets. Last year as per RBI (Reserve Bank of India) data, household financial savings as a percentage of GDP in India fell by 150 basis points to 7.8% in FY12. This is the lowest since 1989-90, after a period of 22 years. RBI cited high inflation as a reason for decline. In FY11 household financial savings was 9.3% of GDP. Last year the high-powered working group led by RBI deputy governor Subir Gokarn seemed rather optimistic in projecting that country's savings rate may rise to around 38-39% of GDP by 2017, with household savings rate seen rising gradually over the Twelfth Five Year Plan period (2012-17). However, household financial savings has been showing a declining trend over the past few years, averaging 11.2% from FY04 to FY08.

Households seem to be quite risk averse, and prefer to invest in assets that are safe, familiar and offer security of capital.  Over a 20-year period when Indian capital markets have grown tremendously on many parameters, very few households have ventured too far beyond their bank, insurance agent, mandatory retirement funds and small savings. The poor returns earned by savers after adjusting for inflation may also have put them off traditional financial products.




4 years ago

Seven years ago I faced three consecutive, witch hunting Income Tax audits for criticizing Government's fiscal policy and the inevitable inflation that results from self indulgent profligacy aka corruption, i.e. non productive expenditure. While inflation is a universal tax that taxes every body equally, it benefits only the wealthy and the powerful. The productive priorities of health, education, infrastructure, food safety and so on have been given the go by in the quest for extortion and plunder. Old, bad "Animal Farm" habits of nationalizing 25% of primary and secondary education and retrospective tax laws have reared their ugly head to create a transient cosmetic of totalitarian socialism to distract the masses from the loot of the ruling scum of India. An underbelly rentier class has been created by doles to complement the rentier rump thrown up by sixty five years of corruption undermining the productivity of the nation in tandem with fostering competitive backwardness; the two conjoined being the fundamental operative tenets of the Quota-Corruption Raj and the Constitution of India. Public unrest is rife as the rule of law is oft sacrificed for "law and order" as the fragility of stability is under constant test. The truth is persecuted between Section 66A on line and Sec 144 off line. Thanks to Anna Hazare, we are able to air the truth a little more openly than it was possible seven years ago. But, there is not a whimper about bringing back the plunder in safe havens that represents a sizable chunk of the difference between Rs 5 per US Dollar and Rs 50 per US Dollar over the last fifty years.

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