Communications with Resolution Professional Exempt from RTI Disclosure: IBBI

The First Appellate Authority, Insolvency and Bankruptcy Board of India (IBBI), by order dated 4 August 2026 under Section 19 of the Right to Information Act, 2005, disposed of RTI Appeal No. ISBBI/A/E/26/00029 filed by Vipin Kumar Tyagi challenging the CPIO’s response regarding information sought on his complaint against Mr. Rajiv Chakraborty under the IBBI (Grievance and Complaint Handling Procedure) Regulations, 2017. The order records that acknowledgment of the complaint had already been communicated and that the grievance concerning disposal of the complaint was closed by the Board on 22.07.2026 and updated on the grievance portal. It holds that records relating to communications between the Board and the resolution professional are exempt from disclosure under Section 8(1)(h) of the RTI Act, while details of officers handling the complaint are exempt under Section 8(1)(j). The Authority further states that information regarding internal notes justifying delay is not available with the Board as it is not mandated to furnish reasons for delay in disposing of complaints or grievances. The concerned division was directed to examine the matter and take appropriate action, and the appeal was disposed of.

BEFORE THE EXECUTIVE DIRECTOR AND FIRST APPELLATE AUTHORITY

INSOLVENCY AND BANKRUPTCY BOARD OF INDIA

7th Floor, Mayur Bhawan, Shankar Market,
Connaught Circus, New Delhi -110001
Dated: 4^th August 2026

Order under section 19 of the Right to Information Act, 2005 (RTI Act) in respect of RTI Appeal No. ISBBI/A/E/26/00029

IN THE MATTER OF

Vipin Kumar Tyagi .

..Appellant

Vs.

Central Public Information Officer
The Insolvency and Bankruptcy Board of India
7th Floor, Mayur Bhawan, Shankar Market,
Connaught Circus, New Delhi -110001

… Respondent

1. The Appellant has filed the present Appeal dated 29^th July 2026, challenging the communication of the Respondent, filed under the Right to Information Act (RTI Act).

2. In the impugned RTI Application, the Appellant has sought the following information pertaining to his complaint filed against Mr. Rajiv Chakraborty under under Regulation 7 of the IBBI Grievance and Complaint Handling Procedure Regulations, 2017: –

I. Certified copy of running note sheets and complete computer-generated tracking log for the complaint.

II. List of officers assigned to the complaint and specific number of days the file remained on each officer’s desk.

III. Internal office note/memo justifying delay beyond the 30- to-45-day statutory limit under Reg 7, or a confirmation statement of nonexistence.

IV. Certified copies of formal letters issued by IBBI to RP Mr. Rajiv Chakraborty and counter submissions/defense received from him.

V. Preliminary ATR / processing notes generated on grievance concerning administrative delay in disposing the complaint.

The CPIO has replied that the complaint is currently under examination under IBBI (Grievance and Complaint Handling Procedure) Regulations, 2017. Aggrieved with the reply, the Appellant has filed the instant Appeal stating that the CPIO has wrongly denied the information sought.

3. I have carefully examined the application, the response of the Respondent and the instant Appeal and find that the matter can be decided based on the material available on record. In terms of section 2(f) of the RTI Act ‘information’ means “any material in any form, including records, documents, memos e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.” It is pertinent to mention here that the Appellant’s “right to information’ flows from section 3 of the RTI Act and the said right is subject to the provisions of the Act. Section 2(j) of the RTI Act defines the “right to information” in term of information accessible under the Act which is held by or is under the control of a public authority. Thus, if the public authority holds any information in the form of data, statistics, abstracts, etc. an applicant can have access to the same under the RTI Act subject to exemptions under section 8.

4. The Appeal has been disposed if as follows: –

5. In view of the aforesaid observations, the concerned Division of the Board may examine the matter and take appropriate action for its disposal.

6. The Appeal is, accordingly, disposed of.

Sd/-
(Kulwant Singh)
First Appellate Authority

Copy to:

1. Appellant, Vipin Kumar Tyagi

2. CPIO, The Insolvency and Bankruptcy Board of India, 7^th Floor, Mayur Bhawan, Shankar Market, Connaught Circus, New Delhi -110001.