CPIO's Denial of RTI Information on Closed Complaint Status: IBBI Disposes Appeal [Read Order]
The authority found that the examination of the complaint filed by the complaint has been completed, and the complaint stands closed.
CPIO - RTI - IBBI - Disposes Appeal - taxscan
CPIO - RTI - IBBI - Disposes Appeal - taxscan
The Insolvency andBankruptcy Board of India (IBBI) disposed of appeal as the CPIO dened the Right to Information( RTI ) application as intimated the complainant about the closure of the complaint along with the reasons thereof.
Manisha Mehta, the Appellant has filed the present Appeal dated 28th August 2025, challenging the communication of the Respondent, filed under the Right to Information Act (RTI Act).
In the RTI Application, the Appellant had sought information on the status of complaint filed against the Mr. Gaurang Shah (Resolution Professional to the Corporate Debtor - Perfect Infraengineers Ltd) and M/s Waterfall Insolvency Professionals Pvt. Ltd (Insolvency Professional Entity). The CPIO has replied that the complaint is currently under examination by IBBI. Aggrieved with the reply, the Appellant has filed the present Appeal stating that the CPIO has wrongly denied the information sought.
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. T
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.
The authority found that the examination of the complaint filed by the complaint has been completed, and the complaint stands closed. Accordingly, the IBBI, vide email dated 17th September 2025, has intimated the complainant about the closure of the complaint along with the reasons thereof.
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