RTI Appeal Rejected Where Disclosure Could Impede Ongoing Disciplinary Proceedings

The First Appellate Authority of the Insolvency and Bankruptcy Board of India disposed of an RTI appeal concerning disclosure of records related to a complaint and disciplinary proceedings against a Resolution Professional. The appellant had sought extensive information, including internal file notings, communications with the Resolution Professional and the Committee of Creditors member bank, copies of the show cause notice, replies, hearing details, and the status of disciplinary proceedings. The CPIO had informed that the complaint was admitted and disciplinary proceedings were initiated, but declined detailed disclosure. On appeal, the FAA held that most of the information sought was exempt under Section 8(1)(h) of the RTI Act, as disclosure at this stage could impede ongoing disciplinary proceedings and any prosecution. However, the FAA directed disclosure of file notings pertaining to the complaint. Holding that the matter could be decided on record without a personal hearing, the FAA disposed of the appeal accordingly.

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: 18^th December 2025

Order under section 19 of the Right to Information Act, 2005 (RTI Act) in respect of RTI

Appeal Registration No. ISBBI/A/E/25/000127

IN THE MATTER OF

Sanjeev Mahajan
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 14^th November 2025, challenging the communication of the Respondent, filed under the Right to Information Act (RTI Act). Since the Appeal required detailed analysis of different provisions of the RTI Act, same is disposed of within 45 days as enshrined under Section 19 of the RTI Act.

2. The Appellant had sought the following information pertaining to the complaint filed against Mr. Navneet Gupta, Resolution Professional of Nimitaya Hotel and Resort Ltd.: “1. Certified copy of the entire file/record pertaining to Complaint No. IBBI/C/2025/01484, including but not limited to internal noting sheets, movement of the file, and remarks made by the concerned officers at various levels.

1. Copies of all communications issued by IBBI to the said Resolution Professional and

2. Copies of all communications issued by IBBI to the sole CoC member, i.e., Indian Bank, in respect of the said complaint.

3. Copies of all replies/representations/submissions received by IBBI from the Resolution Professional and/or Indian Bank in response to the complaint or any subsequent queries raised by IBBI.

4. Copy of the preliminary examination report / internal report / findings /observations of the officer or department which examined the complaint prior to placing it before higher authorities.

5. Copy of the order or noting recording the decision to close the complaint and initiate disciplinary proceedings against the Resolution Professional.

6. Copy of the Show Cause Notice (SCN) issued to Mr. Navneet Gupta, Resolution Professional, pursuant to the said disciplinary proceedings.

7. Copy of the reply / written submissions filed by Mr. Navneet Gupta in response to the said Show Cause Notice.

8. Information on whether any hearing before the Disciplinary Committee (DC) of IBBI was held in respect of the said proceedings, and if so, a. Date(s) of hearing, b. Names and designations of members present, and c. Copy of the order / decision passed by the Disciplinary Committee, if any.

9. Current status of the disciplinary proceedings against the said Resolution Professional and copies of any interim or final orders passed till date.

10. Details of the procedural steps completed so far in the said disciplinary proceedings and the estimated time or tentative schedule for completion / hearing of the matter, if not yet concluded.

11. Any other correspondence, recommendation, or communication made by IBBI to any authority or stakeholder in connection with the above complaint or disciplinary matter.”

The CPIO has replied that the complaint filed by the Appellant has been admitted and disciplinary proceedings have been initiated against the concerned Insolvency Professional. Aggrieved with the reply, the Appellant has filed the instant Appeal stating that the CPIO has failed to provide specific para-wise replies to the information sought in the application. Moreover, the Appellant has requested for personal hearing via videoconferencing to buttress his request for information.

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. With regard to the impugned Appeal, the FAA has made the following decision: –

5. In view of the aforesaid observations of the FAA, the Appeal is disposed of.

Sd/-
(Kulwant Singh)
First Appellate Authority

Copy to:

1. Appellant, Sanjeev Mahajan

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