IBBI Appellate Authority Ruling: RTI Applicants Cannot Compel CPIOs to Compile Insolvency Data in Customized Formats
1. Introduction to Transparency Under the Insolvency Regime
The intersection of public transparency and administrative efficiency frequently becomes a subject of legal scrutiny, particularly concerning financial and regulatory frameworks. The Right to Information Act, 2005 (RTI Act) empowers citizens to seek data from public authorities, fostering a culture of accountability. However, this right is not absolute and is bounded by the statutory definitions of what constitutes "information."
Recently, the First Appellate Authority (FAA) of the Insolvency and Bankruptcy Board of India (IBBI) delivered a crucial order clarifying the boundaries of information dissemination under the RTI Act. The core principle established in this ruling is that a Central Public Information Officer (CPIO) is not legally bound to synthesize, collate, or format data into customized templates demanded by an applicant, especially when the foundational data is already accessible in the public domain. This principle holds significant weight for professionals, researchers, and any assessee tracking corporate insolvency trends under the Insolvency and Bankruptcy Code, 2016.
2. Factual Matrix of Goutam Mohanta vs. Central Public Information Officer
The proceedings stem from an RTI application and subsequent appeal filed by the appellant, which culminated in the First Appellate Authority's order dated 29th July 2026. The case, officially documented as RTI Appeal No. ISBBI/A/E/26/00027, highlights the frequent friction between citizens seeking granular, ready-to-use data and public authorities maintaining broad statistical records.
2.1 Information Demanded by the Appellant
The appellant submitted an application under the Right to Information Act, 2005, requesting highly specific, formatted datasets related to corporate insolvency resolution processes (CIRP). The queries were structured as follows:
- Macro-Level Insolvency Data: The applicant sought year-wise aggregate statistics regarding corporate insolvency cases admitted under the
Insolvency and Bankruptcy Code, 2016. This included requests for the total admitted claims of financial creditors, the quantum of funds realized via resolution plans, the amounts recovered through liquidation, and the residual unrecovered balances. - Haircut Statistics: A specific demand was made for a year-wise statistical summary illustrating the "haircut"—the deficit between the admitted claims of financial creditors and the actual amounts recovered in corporate insolvency scenarios.
- Sectoral Analysis of Large Corporates: The applicant requested category-wise or sector-wise aggregate data specifically targeting insolvency cases involving massive industrial entities or major corporate borrowers.
- Top Corporate Defaulters Data: The application sought a gross statistical overview of the most prominent large corporate insolvency cases. The requested metrics included admitted claims by financial creditors, resolution amounts, liquidation recoveries, and the corresponding haircuts, explicitly noting that confidential banking details were not required.
- Certified Extracts and Reports: Finally, the appellant demanded certified copies or extracts of official records, statistical tables, review notes, and regulations concerning insolvency recoveries and haircuts.