RTI Delay in Travel Guidelines Case: IBBI CPIO directed top adhere to timelines

The Insolvency and Bankruptcy Board of India (IBBI) First Appellate Authority recently addressed an appeal filed by Sushant Jain, highlighting a delay in providing information under the Right to Information (RTI) Act, 2005. Jain had sought certified copies of the latest IBBI guidelines on Travelling Allowance on Transfer, including details on Composite Transfer and Packing Grant (CTG), personal effects transportation rates, and conveyance rates, along with their applicability and any recent revisions. While the IBBI’s Central Public Information Officer (CPIO) eventually supplied the requested documents on April 25, 2025, the appellant’s primary concern was the delay. The RTI application, received on March 18, 2025, should have been responded to by April 17, 2025, making the CPIO’s response eight days late. The First Appellate Authority acknowledged this violation of Section 7(1) of the RTI Act, emphasizing the need for public authorities like the IBBI to be diligent with statutory timelines. Although the information was ultimately provided satisfactorily, the authority urged the CPIO to ensure timely disposal of future RTI requests. The appeal was subsequently closed.

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: 19^th May, 2025

Order under section 19 of the Right to Information Act, 2005 (RTI Act) in respect of RTI Appeal Registration No. ISBBI/A/E/25/00080

IN THE MATTER OF

Sushant Jain … 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 20^thApril 2025, challenging that the Respondent has not provided the information within 30 days as per the RTI Act.

2. In the RTI Application, the Appellant had requested the following information, “1) Kindly provide a certified copy of the latest guidelines/circulars issued by the Insolvency and Bankruptcy Board of India (IBBI)regarding Travelling Allowance on Transfer, which includes: Composite Transfer and Packing Grant (CTG). Rates for Transportation of Personal Effects. Rates for Transportation of Conveyance. 2) Please specify the date of applicability of the above-mentioned guidelines/circulars. 3) If any revisions or amendments have been made to these guidelines in the last five years, kindly provide copies of such revisions along with their respective applicability dates. The Respondent CPIO has supplied the relevant documents delineating the Composite Transfer and Packing Grant (CTG), Transportation of Personal Effects and Transportation of Conveyance. The Appellant has filed the present Appeal stating that the CPIO Respondent failed to furnish a reply within the statutory timeline enshrined under the RTI Act.

3. 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 terms of information accessible under the Act which is held by or is under the control of a public authority. The inclusive list provides for the right to – (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (iv) obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device. 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.

4. It is noted that as per section 7(1) of the RTI Act, the Respondent is required to respond within 30 days of the receipt of the request. As per records, the Application was received by CPIO on 18^thMarch 2025. However, it was disposed of on 25^th April 2025. The deadline to dispose of the impugned RTI Application expired on 17^th April 2025. Thus, the application has been disposed beyond thirty days of its receipt by the Respondent CPIO, which violates the timeline enshrined under Section 7 of the RTI Act. Being CPIO of 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. Since the Applications have been disposed of by the Respondent satisfactorily, it does not warrant our further interference.

5. This Appeal is, accordingly, disposed of.

Sd/
(Kulwant Singh)
First Appellate Authority

Copy to:

1. Appellant, Sushant Jain
2. CPIO, The Insolvency and Bankruptcy Board of India, 7^thFloor, Mayur Bhawan, Shankar Market, Connaught Circus, New Delhi -110001.