Central Information Commission
Deepanjan Guhamajumder vs Securities And Exchange Board Of India ... on 14 March, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/SEBIH/A/2022/666271
Deepanjan Guhamajumder ... अपीलकता /Appellant
VERSUS
बनाम
CPIO: Securities and
Exchange Board of India
Mumbai ... ितवादीगण/Respondent
Relevant dates emerging from the appeal:
RTI : 01.10.2022 FA : 18.10.2022 SA : 12.12.2022
CPIO : 17.10.2022 FAO : 11.11.2022 Hearing : 11.03.2024
Date of Decision: 13.03.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 01.10.2022 seeking information on the following points:
(i) "I Deepanjan Guhamajumder complained on 19th August 20th August 23rd August 21st December 2021 to SEBI by addressing the mails to vandanaa at sebi dot gov dot and on 29th December 2021 to chairman at sebi dot gov dot in from my email Account dgm1234 at rediffmail com against Archidply Industries Ltd having PAN AAFC****5N and Corp Office at Kirti Nagar Delhi its directors designated officials and independent auditor for Commission of various unlawful activities and for Commission of various violations of SEBI LODR Regulations Page 1 of 3 Companies Act and other Regulations with various inputs on their unlawful activities and offences provided therein The Authority is hereby requested to let this Applicant cum Complainant know the actions taken till date by SEBI against the Accused Company, its directors and designated officials based on the Complaints filed by this Applicant cum Complainant."
2. The CPIO replied vide letter dated 17.10.2022 and the same is reproduced as under:-
"The complaint filed by you was examined and further referred to the Ministry of Corporate Affairs (MCA) and also to the Registrar of Companies (RoC), Uttarakhand. Further, the complaint was also forwarded to the company advising to place the allegations before the Audit Committee and Board of Directors for necessary examination and sharing the finding of the examination to the Stock Exchange."
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.10.2022 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 11.11.2022 upheld the reply given by the CPIO.
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 12.12.2022.
5. The appellant remained absent and on behalf of the respondent Shri Santosh Kumar Mishra, Chief General Manager and CPIO, attended the hearing through video conference.
6. The respondent while defending their case inter alia submitted that they had given an interim reply that the complaint was forwarded to the Ministry of Corporate Affairs (MCA) and also to the Registrar of Companies (RoC), Uttarakhand. Subsequently, the complaint filed by the appellant was considered and was closed since it was devoid of any merit.
7. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observes that the reply given by the respondent was incomplete. Perusal of the records revealed that the latest status and action-taken report Page 2 of 3 with respect to the complaint, as mentioned during the hearing, was not provided to the appellant. In view of the above, the respondent is directed to provide revised information along with the closure report of the complaint to the appellant within 15 days from the date of receipt of this order. With these observations and directions, the appeal is disposed of.
Copy of the decision be provided free of cost to the parties.
Sd/-
आनंदी राम लंगम)
(Anandi Ramalingam) (आनं म
सूचना आयु )
Information Commissioner (सू
दनांक/Date: 13.03.2024
Authenticated true copy
Col S S Chhikara (Retd) (कन ल एस एस िछकारा ( रटायड )) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. The CPIO Securities and Exchange Board of India, Nodal CPIO, RTI Cell, SEBI Bhawan, Plot No.C4-A, "G" Block, Bandra-Kurla Complex, Bandra-East, Mumbai-400051
2. Deepanjan Guhamajumder Page 3 of 3