RTI Application by a body corporate
The Appellant sought information regarding the status of the complaint filed at IBBI under section 217 of the Insolvency Bankruptcy Code, 2016 read with Section 7 under the Prevention of Corruption Act, 1988. The PIO submitted that the RTI application was rejected at the outset as it was not filed by a citizen but a body corporate. Referring to Section 3 of the RTI Act, the CIC observed that the right to information is available only to the citizens of India and there is no provision for giving information to Corporations, Associations, Companies. As the application was filed by M/s Utility Premises Pvt. Ltd., the second appeal is therefore disposed of as being inadmissible.
Comments
The Department of Personnel & Training published “Guide on the Right to Information Act, 2005” in 2009 which mentioned that if the RTI application were filed by an office bearer of any legal entity, indicating his/her name, in such cases information can be supplied to him / her on the presumption that a citizen has sought the information.
Citation: UPPL Projects Pvt Ltd. v. Insolvency and Bankruptcy Board of India (IBBI), File no.: CIC/IBBIN/A/2022/126256, 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
Comments
The Department of Personnel & Training published “Guide on the Right to Information Act, 2005” in 2009 which mentioned that if the RTI application were filed by an office bearer of any legal entity, indicating his/her name, in such cases information can be supplied to him / her on the presumption that a citizen has sought the information.
Citation: UPPL Projects Pvt Ltd. v. Insolvency and Bankruptcy Board of India (IBBI), File no.: CIC/IBBIN/A/2022/126256, 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