2018 (9) TMI 1221 - Board - Insolvency and Bankruptcy

RTI application - information held and under the control of public authorities - appellant sought the information from the Insolvency and Bankruptcy Board of India with reference to recruitment of officer s grade- A, year 2018 like Copy of online exam paper with given options (typically allotted to me), Suggested answers key for that paper and Copy of punch card, keys pressed by me Held that - Information in respect of the specific query in para 2 in points (i), (ii) and (iii) above is not available with the Insolvency and Bankruptcy Board of India. Further, the Hon ble Supreme Court of India in Thalappalam Ser. Coop. Bank Ltd. & Ors, v. State of Kerala & Ors. (2013 (10) TMI 1057 - SUPREME COURT), while interpreting the term information enshrined in Section 2(f) of the RTI Act, 2005 has observed that citizens have a right to get information, but can have access only to the information held and under the control of public authorities , with limitations. If the information is not statutorily accessible by a public authority, as defined in Section 2(h) of the Act, evidently, that information will not be under the control of the public authority .

Summary

Issues:
- Appeal against CPIO's order regarding RTI request for recruitment information.

Analysis:
The appeal was filed by the appellant against the order of the Central Public Information Officer (CPIO) of the Insolvency and Bankruptcy Board of India regarding the appellant's Right to Information (RTI) request related to the recruitment of officers in 2018. The appellant sought specific information including a copy of the online exam paper with options, suggested answer key, and a copy of the punch card with keys pressed during the exam. The appellant raised concerns regarding the relevance of the requested information to the recruitment process conducted by the Insolvency and Bankruptcy Board of India through an agency. The appellant argued that the information should be available with either the Board or the agency involved in the recruitment process. However, upon examination, it was found that the requested information was not available with the Board. The judgment referred to a Supreme Court case emphasizing that citizens have a right to access information held and under the control of public authorities, with statutory limitations. If the information is not accessible by a public authority as defined by law, it cannot be considered under the control of the public authority. Consequently, the appeal was disposed of based on the unavailability of the requested information with the Insolvency and Bankruptcy Board of India.