IBBI Rejects RTI Appeal Seeking Internal Investigation Records: Cites Prior Disclosure and RTI Limitations [Read Circular]

The Insolvency and Bankruptcy Board of India (IBBI) has dismissed an RTI appeal filed by Kairav Anil Trivedi, who sought extensive internal documentation related to a show cause notice (SCN) and subsequent disciplinary proceedings initiated against him.

The Board observed that much of the information had already been furnished in earlier RTI responses and emphasized that the Right to Information Act, 2005 does not entitle an applicant to demand continuous reiteration or explanations from the public authority.

Trivedi’s RTI application was rooted in the disciplinary action initiated based on a SCN and a Disciplinary Committee Order. He sought copies of internal orders, reports, opinions, emails, assessments, and notings under various regulations such as 7, 10, 11, and 12 of the IBBI (Inspection and Investigation) Regulations, 2017.

Trivedi wanted documentation that could prove whether the IBBI had internally followed due procedure before and during the investigation. His application listed more than 18 distinct categories of internal material, covering regulatory compliance, assessments, internal decisions, and investigation-related communications.

The CPIO had already provided file notings and relevant investigation reports in a prior response dated 20 May 2025. Dissatisfied by this, Trivedi filed the present appeal, alleging that the documentation provided was incomplete or missing key internal documents mandated by regulation.

The FAA in his order held that the information being sought had already been addressed in two earlier RTI Appeals. The FAA noted that Trivedi’s present application did not raise any new or previously unaddressed queries and thus did not merit interference.

It was also held that the order emphasized the limits of the RTI Act under Section 2(f), which allows for access to records, documents, and data “held” by a public authority, but does not obligate creation or curation of new information or answers.

The order stated that Appellant’s ‘right to information’ flows from Section 3 of the RTI Act but is subject to the other provisions of the Act. Section 2(j) defines the right only in terms of information that is accessible and held by the public authority.

As a result, the appeal was disposed of, and the Board stood firm that it had complied with the regulatory and procedural standards under the IBBI framework.

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