The First Appellate Authority of the Insolvency and Bankruptcy Board of India (IBBI) has disposed of an RTI appeal filed by Mr. Vakati Balasubramanyam Reddy. The appeal sought information regarding opinions formed under Regulation 7(3) of the IBBI (Grievance & Complaint Handling Procedure) Regulations, 2017. The appellant requested copies of related papers, records, and proceedings. The Central Public Information Officer (CPIO) provided the available information, including file notings and an investigation report, but did not share additional documents as they were deemed beyond the scope of the RTI Act. The authority clarified that the “right to information” under Section 2(j) of the RTI Act pertains to information held or controlled by a public authority and does not require creating or interpreting new information. Consequently, the appeal was resolved, confirming that all accessible information under the RTI Act had been disclosed.
BEFORE THE EXECUTIVE DIRECTOR AND FIRST APPELLATE AUTHORITY INSOLVENCY AND BANKRUPTCY BOARD OF INDIA
7th Floor, Mayur Bhawan, Shankar Market,
Connaught Circle, New Delhi- 110 001
Dated: 10th January, 2025
RTI Appeal Registration No. ISBBI/A/E/24/00059
IN THE MATTER OF
Mr. Vakati Balasubramanyam Reddy … Appellant
Vs.
Central Public Information Officer/strong>
The Insolvency and Bankruptcy Board of India
7th Floor, Mayur Bhawan, Shankar Market,
Connaught Circle, New Delhi – 110 001. … Respondent
ORDER
1. I have carefully examined the application, the response of the Respondent and the Appeal. 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 terms of information accessible under the Act which is held by or is under the control of a public authority. The aforesaid definitions contemplate providing of material in the forms of records, documents, opinions, advices, etc. It does not include resolving grievances of the Appellant from the information provided.
2. The Appellant has stated the following in the Appeal –
“1. Referring to the response sent for the request to share copies of all papers, records, and proceedings related to the opinion formed under Reg. 7 (3) of the IBBI (Grievance & Complaint Handling Procedure) Regulations, 2017; file notings in respect of examination of the complaint and issuance of SCN has been sent. However, file notings at Note No. 5 reads as Investigation report in the matter is submitted for consideration. Annexures to the report are placed at Reference. However, the copies of the requested opinion formed under Reg. 7 (3) of the IBBI (Grievance & Complaint Handling Procedure) Regulations, 2017 have not been shared.”
3. The Respondent is expected to provide information as available on record and not create any information. Accordingly, the information as available with CPIO, has been provided to the Appellant. He cannot provide any other information. Same is beyond the scope of ‘right to information’ under section 2(j) of the RTI Act which limits the information to one ‘accessible’ under the RTI Act and ‘which is held by or under the control of any public authority’. Accordingly, in my view, the information as requested by the Appellant has been disclosed to him under the RTI Act and no further information can be disclosed.
4. The appeal is disposed of accordingly.
Sd/
(Kulwant Singh)
First Appellate Authority
