IBBI RTI Appeal: Delay in CPIO’s Reply Flagged, But No Change in Outcome

Background of the RTI Appeal

An appeal came up before the Executive Director and First Appellate Authority of the Insolvency and Bankruptcy Board of India (IBBI) under section 19 of the Right to Information Act, 2005. The matter involved a challenge to the response given by the Central Public Information Officer (CPIO) of the IBBI to an RTI application filed by Amresh Shukla.

The appeal was registered as RTI Appeal Registration No. ISBBI/A/E/26/00026 and was decided by order dated 6th July 2026 at the office of the First Appellate Authority, IBBI, located at 7th Floor, Mayur Bhawan, Shankar Market, Connaught Circus, New Delhi -110001.

The Appellant questioned the manner and timeliness of the information supplied by the CPIO and requested appellate intervention under the RTI framework.

RTI Application: Information Sought

In the original RTI application dated 23.05.2026, the Appellant sought very specific information from the IBBI. The queries were:

  1. Disclosure of the final outcome of a particular complaint bearing:

    • Complaint no. 48424/2023/COMPLAINT – IBBI, dated 31.12.2022
    • Application no. IBBI/C/2022/00826

  2. A copy of the order passed in relation to the said complaint.

In essence, the Appellant’s request was confined to knowing what decision had been taken on a prior complaint lodged before the IBBI, and to obtain the corresponding order.

Statutory Framework Under the RTI Act

Scope of “Information” Under Section 2(f)

The First Appellate Authority referred to the statutory definition of “information” under section 2(f) of the Right to Information Act, 2005.

Under section 2(f), “information” covers any material in any form—including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, and data stored in electronic form, as well as information about a private body that can be accessed by a public authority under any existing law.

This provision makes it clear that as long as the public authority holds the information, or has the legal capacity to access it, such information is within the ambit of the RTI Act, subject to the exemptions.

Right to Information Under Sections 3 and 2(j)

The order also notes that the Appellant’s entitlement—his “right to information”—stems from section 3 of the RTI Act. However, this right is not absolute; it is expressly subject to the provisions and limitations built into the Act.

Further, section 2(j) defines the phrase “right to information” with reference to information accessible under the Act which is held by or is under the control of a public authority.

Thus, where a public authority possesses data, statistics, reports, abstracts, or similar records, the assessee (in this context, the RTI applicant) can seek access to such material under the RTI Act, provided none of the exemptions specified in section 8 apply.