Lawstreet Journal

IBBI First Appellate Authority Allows RTI Application By A Company Seeking Information Regarding Complaint Against IRP

Lawstreet Journal 31 Mar 2022 4:56am

Image courtesy: Lawstreet Journal Executive IBBI First Appellate Authority Allows RTI Application By A Company Seeking Information Regarding Complaint Against IRP

The Executive Director and First Appellate Authority, Santosh Kumar Shukla, IBBI in Utility Premises Private Limited v. Central Public Information officer allowed the RTI application filed by Utility Premises Private Limited seeking information regarding the complaint filed by it against the IRP, Mr. X.

The Central Public Information Officer (CPIO) had rejected the RTI application filed by the Appellant herein, Utility Premises Private Limited.

The following information was sought regarding the complaint filed at IBBI u/s 217 of the Insolvency and Bankruptcy Code, 2016 read with section 7 under the Prevention of Corruption Act,1988 against Mr. X, IRP-

  1. The stage of the inquiry for complaint filed ?
  2. Has there any steps taken and what are those steps?
  3. Has the IRP been called and questioned regarding the complaint and charges ?
  4. What is the time limit for such inspection/investigation to be completed?
  5. What is the next stage post the completion of the inquiry?"

The CPIO rejected the application on the ground that under the RTI Act, only citizens can seek information. Since the Appellant in the present case is not a citizen, it cannot seek information under the Act.

The First Appellate Authority admitted the appeal and directed the CPIO to deal with the information request of the Appellant on merits.

In reaching the conclusion, the Authority relied on the judgment of the CIC in J.C. Talukdar vs. C.E.(E) CPWD Kolkata (CIC/WB/C/2007/00104 & 105 dated 17 May 2007) wherein it was held that-

"Section 3 of the RTI Act confers "right to information" on all "citizens".… Continue Reading...

Tagged: Insolvency and Bankruptcy Board of India  
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