RTI Applicants Must Check Public Data First: IBBI dimisses Appeal [Read Order]
The FAA, in its order, clarified the scope of the RTI Act, referencing Sections 2(f) and 2(j). It reiterated that the 'right to information' pertains to data held by or under the control of a public authority.
The First Appellate Authority (FAA) of the Insolvency and Bankruptcy Board of India (IBBI) has dismissed an appeal filed under the Right toInformation Act, 2005 (RTI Act), emphasizing that information sought by the appellant was already publicly accessible on the Board's website.
The appellant, Trilochan Mohapatra, had sought specific details regarding the corporate insolvency resolution process of Swastik Ispat Pvt Ltd., including the names of its lenders, the loan amounts, the outstanding debt, and the contact details of the appointed Resolution Professional.
The Central Public Information Officer (CPIO) of IBBI had partially responded by providing the name of the Resolution Professional and directing the appellant to a public portal for further details. Aggrieved by the perceived incompleteness of the response, the appellant filed the present appeal.
The FAA, in its order, clarified the scope of the RTI Act, referencing Sections 2(f) and 2(j). It reiterated that the 'right to information' pertains to data held by or under the control of a public authority. The FAA found that the information sought by the appellant regarding the company's lenders and outstanding debt was already hosted on the IBBI's dedicated online portal. Furthermore, the FAA noted that the information regarding the Resolution Professional's name had already been provided in the CPIO's initial reply.
The FAA used the interplay of Sections 2(f) and 2(j) to dismiss the appeal. It effectively said, "While what you seek is 'information' [2(f)], our duty under the RTI Act to provide it is fulfilled because it is already publicly accessible, and therefore your right to information [2(j)] is met by pointing you to that public source."
Consequently, the FAA concluded that since the information was already in the public domain as per the CPIO's direction, the appeal was without merit. The appeal was accordingly disposed of, with the order reinforcing the principle that RTI applicants must first check for publicly available data before filing an application.
