IBBI FAA Rejects Dual & Repetitive RTI Appeals on Internal Record Access

The First Appellate Authority (FAA) of the Insolvency and Bankruptcy Board of India (IBBI) issued a combined order to dismiss two appeals filed by Kairav Anil Trivedi under the Right to Information (RTI) Act. The appeals challenged the information provided by the Central Public Information Officer (CPIO) concerning internal documents and records related to a disciplinary order against Trivedi. The CPIO had provided some information, but had denied access to other documents, stating they were not available or maintained in the records. In its review, the FAA noted that the CPIO had already attached relevant file notings in a previous response. The authority determined that many of the appellant’s requests pertained to definitions or procedures and did not require the creation or provision of new documents. Concluding that the CPIO’s response was satisfactory and the appeals did not warrant further intervention, the FAA disposed of both appeals.

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: 22^nd July 2025

Order under section 19 of the Right to Information Act, 2005 (RTI Act) in respect of RTI
Appeal Registration No. ISBBI/A/E/25/00091 & ISBBI/A/E/25/00092

IN THE MATTER OF

Kairav Anil Trivedi

… 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 No. ISBBI/A/E/25/00091 dated 17th June 2025 and ISBBI/A/E/25/00092 dated 18^th June 2025, challenging the communication of the Respondent, filed under the Right to Information Act (RTI Act). Since the impugned Appeals pertain to similar subject matter, same are disposed vide a common order. Moreover, the Appeals required an analysis of different provisions of the RTI Act, they are disposed of within 45 days as required under Section 19(6) of the RTI Act.

2. The Appellant had sought the following information in the impugned RTI applications, “This RTI is for copies of the Internal orders /Documents /Reports/Opinions as mandated under IBBI Regulations for DC Order No.IBBI/DC/256/2024 dt 17/12/24 against Mr. Kairav A. Trivedi 1. The copy of the internal order passed by the Board u/s regulation 7(2) 2. The internal order of Board mandated u/r 7(3) directing an investigation shall contain particulars specified under (a) to (f) 3. The Internal records including, documents, memos, emails, opinions, advices, orders, reports, papers as mandated u/r 7(4), 7(5) 4. The Copy of the Internal Report as submitted by the Investigating Authority to the Board along with all the evidences on record as mandated u/r 10 (1) 5. Copy of the Internal Report of Examination by the Board in writing duly signed and dated as mandated u/r 10(2) 6. Independent assessment made by the Board in writing whether investigation is complete and satisfactory or requires further investigation as mandated u/r 10(2) 7. Copy of the Internal orders of advice by the Board to the Investigating Authority in writing duly signed and dated as mandated u/r 10(3) 8. Copy of the Internal order and all the materials available on records with IBBI in compliance of the regulation 10B(1),(2),(3) 9. Copy of the Internal records including, documents, memos, e-mails, opinions, advices, orders, reports, papers duly signed and dated which records the receipt of the that Investigation report u/s 10 as mandated u/r 11(1) 10. Internal records as mandated u/r 11(1) that the Board has Independently Considered the Investigation report 11. Copy of all the documents materials and evidence on records, considered by the Board before forming a Prima Facie opinion as mandated u/r 11(2) 12. IBBI showing independent application of mind by the board thereby an Independent assessment has been done by the Board, as clearly distinguished from the report obtained 13. Copy of the documentation by the Board which records in writing the specific causes in existence as on the date of forming a Prima facie opinions mandated u/r11(2) 14. All papers and proceedings related to the factors listed in Reg. 12(2) of IBBI (Inspection And Investigation)Regulations, 2017 15.The copy of the internal documents in writing with IBBI which shows that the Board has taken into account the following factors before issuance of SCN as mandated in regulation12 (2) (a), (b) (i),(ii),(iii) 16. The copy of the internal documents inwriting with IBBI which shows that before acceptance of complaint has ensured compliance of the Clause 2 , as regards (a)aggrieved, (g) complainant, (h) grievance & (j) stakeholder 17.Thecopy of the internal documents in writing with IBBI which shows that before acceptance of compliant IBBI has ensured compliance of the Clause 3(2) (i),(ii),(iii),(iv),(v),(vi),& (vii) and 3(4) 18. The copy of the internal document in writing with IBBI which shows that before acceptance of compliant IBBI has ensured compliance of theClause7(1),7(3),7(7),7(8).” The CPIO, while providing the information available and held by it to the Appellant, has denied access to certain information on the ground that such information is not available or maintained in its records. Aggrieved by the same, the Appellant has filed the present Appeal by stating the following, “1. The copy of the Internal order by Board as mandated u/s 7(2) & sec 7 (3), 7(4), 7(5), above have not been attached even after being mentioned in the reply to RTI. 2.AppealThecopy of the Internal Report as submitted by the Investigating Authority to the Board along with all the evidences on record as mandated u/r 10 (1),10 (2), 10 (3), have not been Provided3.AppealThe copy of Internal order and all the materials available on records with IBBI in compliance of the regulation 10B (1),10B (2),10B (3) have not been provided4.AppealThecopy of Internal records including, documents, memos, emails, opinions, advices, orders, reports, papers duly signed and dated which records the receipt of the that Investigation report u/s 10 as mandated u/r 11(1), 11(2)have not been provided5.Appeal The copy of the All papers and proceedings related to the factors listed in Reg. 12(2), 12 (2) (a), 12 (2)(b) (i), 12 (2) (b) (ii), 12 (2) (b) (iii)have not been provided6.Appeal The copy of the internal documents in writing with IBBI which shows that before acceptance of compliant IBBI has ensured compliance of the Clause 2 have not been provided7.Appeal The copy of the internal documents in writing with IBBI which shows that before acceptance of complaint IBBI has ensured compliance of the Clause 3(2) (i),(ii),(iii),(iv),(v),(vi),(vii) & 3(4)have not been provided8.Appeal The copy of the internal document in writing with IBBI which shows that before acceptance of compliant IBBI has ensured compliance of the Clause 7(1),7(7), 7(8) have not been provided.”

3. I have carefully examined the applications, the responses of the Respondent and the Appeals 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. While the “right to information” flows from section 3 of the RTI Act, it is subject to other 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. It is pertinent to note that the order passed by the Disciplinary Committee of IBBI against the Appellant in No. IBBI/DC/256/2024 dated 17.12.2024 disposes of the SCN No. IBBI/C/2023/00913/811/1442 dated 26.10.2023, issued to the Appellant. Since the information as sought by the Appellant emanates from the same case and the nature of queries in the Appeals are similar, they shall be disposed vide common order Thus, the present appeals are being disposed of by delineating the grounds raised in the impugned Appeals, and the final order is set out as under:

5. As such the reply given by CPIO is satisfactory, it does not warrant my interference. The Appeal is, accordingly, disposed of.

Sd/-
(Kulwant Singh)
First Appellate Authority

Copy to:

1. Appellant, Kairav Anil Trivedi

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