Central Information Commission
Suresh Kabra vs Securities And Exchange Board Of India ... on 29 November, 2022
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File no.: CIC/SEBIH/A/2021/622264
In the matter of
Suresh Kabra
... Appellant
VS
CPIO
Securities and Exchange Board of India (SEBI),
SEBI Bhawan, Plot C4-A, G Block,
Bandra Kurla Complex,
Bandra East - 400051
... Respondent
RTI application filed on : 02/12/2020 CPIO replied on : 30/12/2020 First appeal filed on : 29/01/2021
First Appellate Authority order : 05/03/2021 Second Appeal filed on : 05/06/2021 Date of Hearing : 29/11/2022 Date of Decision : 29/11/2022 The following were present: Appellant : Not present
Respondent: Santosh Kumar Sharma, CGM and CPIO alongiwith Pramila Sridhar Information Sought:
The Appellant has sought the following information:
a. Month wise details of reply to the mails from [email protected] and [email protected] received by Chairman / ED/ GM/ DGM and dealing officer, in respect of complaints against RTA-KARVY Re Crisil/ Alankit Assignments Re Jubilian Life Sciences/ Link Intime Re Whirlpool / Universal Capital Securities Re Taparia Tools Ltd.1
b. Status of appeal filled before Appellate Authority against the incomplete information provided by CPIO to the RTI application dated 11/07/2020. c. Details of information requested by SEBI form the RTA/ Companies in respect of the complaints sent by the appellant.
d. And other related information. Grounds for Second Appeal
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing: The appellant in his second appeal had stated that he is not satisfied with the reply of the CPIO or the FAA's order as the information was incorrectly denied u/s 7(9), 8(1)(a) & 8(1)(e), (h) & (j) of the RTI Act. He had further stated that SEBI being the regulator is duty bound to take action on the complaints filed by individuals. He has also stated that all the complaints filed by him have been ignored and have not been acted upon deliberately. However, he was not present at the VC venue despite due service of notice on 21.11.2022 vide speed post acknowledgment no. ED236940045IN.
The CPIO submitted that an appropriate reply was given to the appellant on 30.12.2020. He also reiterated the contents of his detailed written submissions dated 25.11.2022.
Observations:
From a perusal of the relevant case records, it is noted that whatever information could have been disclosed, the same was given to the appellant. The FAA had also passed a detailed order whereby he has answered every contention raised by the appellant in his first appeal in a point-wise manner and has elaborated on such points where the information was denied under various provisions of the RTI Act. It is also noted that wherever deficiency was found, the FAA had directed the CPIO to provide some additional information and in compliance with the same, the CPIO on point no. 3(i)(q) had provided some additional information vide the letter dated 18.03.2021. The CPIO in his written submissions while reiterating the contents of the replies already given, has informed that whatever information could be provided, the same was supplied to the appellant and for the rest of the points, it has been adequately explained as to why the information cannot be provided. The Commission is unable to find any flaw in the reply of the CPIO or the FAA's order, hence, no further relief can be given. What is noted is that the appellant seems to be aggrieved as his complaints have not been acted upon in the manner he wanted, however, the Commission cannot intervene in such matters as they are beyond the scope of the RTI Act.2
Decision:
In view of the above, no action lies.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना)
Information Commissioner (सच
ू ना आयु त)
Authenticated true copy
(अ भ मा णत स या पत त)
A.K. Assija (ऐ.के. असीजा)
Dy. Registrar (उप-पंजीयक)
011- 26182594 /
दनांक / Date
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