Summary: The First Appellate Authority (FAA) of the Insolvency and Bankruptcy Board of India (IBBI) disposed of an appeal filed by Giri S under Section 19 of the Right to Information Act, 2005, concerning disclosure of investigation, governance review and supervisory records relating to National e-Governance Services Limited (NeSL). The appellant had requested certified copies of investigations, forensic reviews, correspondence, internal notes, legal opinions, approvals and other records concerning NeSL for the period from 1 September 2021 to 15 July 2026. The application also sought information regarding the exercise or consideration of statutory investigation powers under Sections 217–220 of the Insolvency and Bankruptcy Code, 2016, applicable reporting obligations under the IBBI (Information Utilities) Regulations, 2017, and information accessible to IBBI through its statutory powers. The Central Public Information Officer (CPIO), in a reply dated 24 August 2026, had referred the appellant to the Insolvency and Bankruptcy Code, the Information Utilities Regulations and the Guidelines for Technical Standards. Aggrieved by this response, the appellant filed an appeal dated 27 August 2026. Examining the matter, the FAA explained that Section 2(f) of the RTI Act defines information broadly, including material concerning private bodies accessible to public authorities under law, while Section 2(j) recognises the right to access information held by or under the control of a public authority, subject to statutory exemptions under Section 8. However, the FAA observed that the specific issue concerning information furnished by NeSL to IBBI in the course of supervisory functions had already been examined and decided through an earlier appellate order dated 18 September 2026 in Appeal Nos. ISBBI/A/E/26/00037 and ISBBI/A/E/26/00038. Consequently, the FAA found no reason to interfere with the CPIO’s response and disposed of the appeal. The authority also recorded that the disposal exceeded the timeline prescribed under Section 19(6) of the RTI Act because of unforeseen administrative exigencies.
BEFORE THE CHIEF GENERAL MANAGER AND FIRST APPELLATE
AUTHORITY
INSOLVENCY AND BANKRUPTCY BOARD OF INDIA
7th Floor, Mayur Bhawan, Shankar Market,
Connaught Circus, New Delhi -110001
Dated: 12th October 2026
Order under section 19 of the Right to Information Act, 2005 (RTI Act) in respect of RTI Appeal No. ISBBI/A/E/26/00042
IN THE MATTER OF
| Giri S | …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 27th August 2026, challenging the communication of the Respondent, filed under the Right to Information Act (RTI Act). Due to unforeseen exigencies arising from administrative work, the same is disposed of beyond the timeline enshrined under Section 19(6) of the RTI Act.
2. In the impugned RTI Application, the Appellant has sought information concerning any investigation, governance review, forensic review or similar inquiry of National e-Governance Services Limited (NeSL) during 1 September 2021 to 15 July 2026, including:
a. Details and certified copies of all such investigations/inquiries and all related communications between IBBI and NeSL, including correspondence, internal notes, emails, legal opinions, approvals and decision records.
b. Information on whether IBBI sought clarifications from NeSL and whether it considered or exercised its statutory investigation powers under Sections 217–220 of the Insolvency and Bankruptcy Code, 2016.
c. Copies of all applicable laws, regulations, guidelines, SOPs and supervisory instructions concerning an Information Utility’s obligation to report governance reviews, investigations, whistleblower matters or significant compliance failures to IBBI.
d. Information falling within the scope of Section 2(f) of the RTI Act, 2005, including records that IBBI could obtain from NeSL by exercising its statutory powers. The applicant requests IBBI either to obtain and provide such records or explain why such powers would not be exercised.
e. Complete particulars of any exemption relied upon for withholding information, including the specific exemption invoked, reasons for denial, and disclosure of all non-exempt portions/material.
On 24.08.2026, the CPIO has inter-alia replied that the relevant information can be accessed by the Appellant from the Insolvency and Bankruptcy Code, 2016, IBBI (Information Utilities) Regulations 2017, and the Guidelines for Technical Standards for the Performance of Core Services and Other Services. Aggrieved with the reply, the Appellant has filed the instant Appeal.
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. Insofar as the impugned Appeal seeks disclosure of information furnished by NeSL to the Board in the course of its supervisory functions, the said issue already stands examined and decided by the FAA vide order dated 18.09.2026 (ISBBI/A/E/26/00037 & ISBBI/A/E/26/00038). Accordingly, the reply of the CPIO does not merit any interference.
5. The Appeal is, accordingly, disposed of.
Sd/-
(Shiv Anant Shanker)
First Appellate Authority
Copy to:
1. Appellant, Giri S
2. CPIO, The Insolvency and Bankruptcy Board of India, 7th Floor, Mayur Bhawan, Shankar Market, Connaught Circus, New Delhi -110001.
