The Insolvency and Bankruptcy Board of India’s First Appellate Authority, by order dated 10th August 2026 under section 19 of the Right to Information Act, 2005, disposed of RTI Appeal No. ISBBI/A/E/26/00032 filed by Nelson James Macwan. The Appellant had sought certified copies and information concerning an administrative decision referred to by the Central Information Commission, notings and replies relating to five emails and a letter addressed to the IBBI Chairperson, and details concerning Note No. 12 dated 08.02.2019, including its effective date, formal instrument, publication and circulation to Registered Valuer Organisations. The Appellant stated that the CPIO had failed to provide a reply within the stipulated deadline. The First Appellate Authority noted that the RTI application was filed on 6th June 2026 and that the deadline expired on 6th July 2026, but the CPIO had failed to furnish a reply within the prescribed timeline. Referring to sections 2(f), 2(j) and 3 of the RTI Act, the Authority directed the CPIO to dispose of the impugned RTI application expeditiously and urged compliance with prescribed timelines in future. The appeal was accordingly 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: 10th August 2026
Order under section 19 of the Right to Information Act, 2005 (RTI Act) in respect of RTI Appeal No. ISBBI/A/E/26/00032
IN THE MATTER OF
Nelson James Macwan
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 31st 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 details: –
i. Certified copy of the published administrative decision referred to in the decision of the Central Information Commission dated 03.03.2026 in Second Appeal No. CIC/IBBIN/A/2024/640301, along with the date on which such administrative decision was published.
ii. Certified copies of the notings made by the Chairperson, IBBI on each of the Applicant’s five emails dated 01.05.2026, 05.05.2026, 08.05.2026, 16.05.2026 and 23.05.2026.
iii. Certified copies of the replies, if any, issued by the Chairperson, IBBI to each of the aforesaid five emails, and where no reply was issued, an explicit statement to that effect along with the reasons therefor.
iv. Certified copy of the noting made by the Chairperson, IBBI on the Applicant’s letter dated 25.05.2026 seeking an opportunity of being heard.
v. Certified copy of the reply, if any, issued by the Chairperson, IBBI to the Applicant’s letter dated 25.05.2026, and if no reply was issued, an explicit statement to that effect together with the reasons.
vi. The exact date on which Note No. 12 dated 08.02.2019 in File No. Exam-130160/1/2019-IBBI (Computer No. 93) became effective and/or applicable.
vii. Certified copy of the Order, Circular, Notification or other formal instrument by which the aforesaid Note No. 12 was given statutory or administrative effect.
viii. The date and mode of publication of Note No. 12 in the public domain, including whether it was published on the IBBI website, Gazette or through any official communication.
ix. Certified copies of the letters/emails, together with their respective dates, by which Note No. 12 was circulated to Registered Valuer Organisations (RVOs), or, if no such communication was issued, an explicit statement to that effect.
The Appellant has filed the instant Appeal stating that the CPIO has failed to furnish a reply to the information within the stipulated deadline under the RTI Act.
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, an applicant can have access to the same under the RTI Act subject to exemptions under section 8.
4. In this regard, I note that the Appellant had filed the RTI application on 6th June 2026. The deadline to dispose of the impugned RTI Application expired on 6th July 2026. However, the CPIO has failed to furnish reply within the timeline stipulated under the RTI Act. Being CPIO of a Public Authority like IBBI, the Respondent should be sensitive to timelines and disposal of information request. I would, therefore, encourage and urge the Respondent to consider the requirements of law while dealing with information requests under the RTI Act and dispose of RTI applications within the prescribed time in future. The CPIO is directed to disposed of the impugned RTI application in expeditious manner.
5. The Appeal is, accordingly, disposed of.
Sd/-
(Kulwant Singh)
First Appellate Authority
Copy to:
1. Appellant, Nelson James Macwan
2. CPIO, The Insolvency and Bankruptcy Board of India, 7th Floor, Mayur Bhawan, Shankar Market, Connaught Circus, New Delhi -110001.
