First Appellate Authority of the Insolvency and Bankruptcy Board of India (IBBI) issued an order on 14 May 2025 under Section 19 of the Right to Information Act, 2005, in response to multiple appeals (Nos. ISBBI/A/E/25/00075, 76, 78, and 79) filed by Ishrat Ali. The appellant contested that the Central Public Information Officer (CPIO) responded to four separate RTI applications beyond the statutory 30-day timeline mandated by Section 7(1) of the RTI Act. The RTI applications were filed between 10 February and 4 March 2025 and were all disposed of between 11 April and 23 April 2025—exceeding the respective deadlines. The Appellate Authority reviewed the applications and responses and noted that while the CPIO eventually addressed the information requests, the delays constituted a violation of statutory timelines. The order reiterated that under Sections 2(f) and 2(j) of the RTI Act, information accessible under the Act must be held or controlled by a public authority and provided within the prescribed time unless exempted. The Authority emphasized the legal obligation of public authorities like IBBI to process RTI requests promptly and in compliance with the law. Although the responses were ultimately deemed satisfactory in substance, the Authority urged the CPIO to adhere strictly to the RTI Act’s timelines in future cases. Consequently, the appeals were disposed of without further action.
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: 14th 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/25/00075, ISBBI/A/E/25/00076,
ISBBI/A/E/25/00078 & ISBBI/A/E/25/00079
IN THE MATTER OF
Ishrat Ali … 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 RTI Appeal No. ISBBI/A/E/25/00075 & ISBBI/A/E/25/00076 dated 4th April 2025 and Appeal No. ISBBI/A/E/25/00078 & ISBBI/A/E/25/00079 dated 18th April 2025 under the Right to Information Act (RTI Act).
2. With regard to RTI Appeal Registration No. ISBBI/A/E/25/00075, RTI Appeal Registration No. ISBBI/A/E/25/00076, RTI Appeal Registration No. ISBBI/A/E/25/00078 and RTI Appeal Registration No. ISBBI/A/E/25/00079, the Appellant has stated that the Respondent CPIO has replied beyond the statutory timeline enshrined under Section 7(1) of the RTI Act.
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. With regard to RTI Appeal Registration No. ISBBI/A/E/25/00075, I note that the Appellant had filed the RTI application on 24th February 2025, which was disposed of by the Respondent CPIO on 23rd April 2025. The deadline to dispose of the impugned RTI Application expired on 26th March 2025. With regard to RTI Appeal Registration No. ISBBI/A/E/25/00076, I note that the Appellant had filed the RTI application on 20th February 2025, which was disposed of by the Respondent CPIO on 11th April 2025. The deadline to dispose of the impugned RTI Application expired on 22nd March 2025. With regard to RTI Appeal Registration No. ISBBI/A/E/25/00078, I note that the Appellant had filed the RTI application on 4th March 2025, which was disposed of by the Respondent CPIO on 23rd April 2025. The deadline to dispose of the impugned RTI Application expired on 3rd April 2025. With regard to RTI Appeal Registration No. ISBBI/A/E/25/00079, I note that the Appellant had filed the RTI application on 10th February 2025, which was disposed of by the Respondent CPIO on 23rd April 2025. The deadline to dispose of the impugned RTI Application expired on 12th March 2025.
5. Thus, the aforesaid applications have 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.
6. The Appeal is, accordingly, disposed of.
Sd/
(Kulwant Singh)
First Appellate Authority
