Case Law Details
Case Name : Mr. Ankit Garg Vs CPIO, Insolvency and Bankruptcy Board of India (Insolvency And Bankruptcy Board of India)
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Mr. Ankit Garg Vs CPIO, IBBI (Insolvency And Bankruptcy Board of India)
The Hon’ble Supreme Court of India in the matter of Central Board of Secondary Education & Anr. vs. Aditya Bandopadhyay & Ors. (Civil Appeal No. 6454 of 2011), has, inter alia, held: “A public authority is “…not required to provide ‘advice’ or ‘opinion’ to an applicant, nor required to obtain and furnish any ‘opinion’ or ‘advice’ to an applicant. The reference to ‘opinion’ or ‘advice’ in the definition of ‘information’ in section 2(f) of the Act, only refers to such mater...
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CIC in Decision No. CIC/SG/A/2008/00347+00277/1554 dated 09.02.2009 rendered by the Former CIC Shailesh Gandhi has held that RTI Act no where prohibits use of queries like why, what, when, whether etc. RTI Act does not state that queries must be answered. “The PIO is right in accepting what is asked must be matter of record, but errs in imposing a new set of non-existing exemptions”. Sections 8 and 9 provide for exemption; creating exemptions other than is ultra vires the scope of the RTI Act and omission to furnish information also infringes fundamental right to know enshrined in Article 19(1)(a) of the Constitution of India.