Documents submitted during Corporate Insolvency Resolution Process

Copies of CIRP forms of an Insolvency Professional submitted during the Corporate Insolvency Resolution Process were denied by the PIO claiming that the said form and the accompanying documents were held by the respondent authority in its fiduciary capacity. The appellant contended that the information was related to public function and alleged that the Insolvency Professional was involved in committing serious financial frauds. The CIC ruled that the disclosure of sought for forms and documents is unwarranted and undesirable in view of the bar imposed under Section 8(1)(e) of the RTI Act. Further, the CIC assessed the institutional impact of disclosure of information and opined that the possibility of harm/injury emanating from disclosure outweighed the public interest.

Comments

The Central Information Commission is a creature of the RTI Act, 2005 which describes its powers and functions. The role of Information Commission is limited to providing information and for challenging the procedural rules, an appellant should approach the appropriate judicial forum.

Citation: Anil Kumar Ojha v. Insolvency and Bankruptcy Board of India, File no.: CIC/IBBIN/A/2022/640485, Date of Decision: 09/02/2023

Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com