FAA dismisses RTI appeal seeking advice on Insolvency Professional criteria

The First Appellate Authority (FAA) dismissed the appeal regarding a Right to Information (RTI) request for clarification on experience criteria for Insolvency Professional registration. The FAA held that public authorities are not required to provide advice or opinions but only existing material records. It emphasized that information publicly available may not be subject to RTI requests and that authorities are not obligated to create new records to address specific queries. The decision highlighted the limitations of RTI requests in seeking opinions or advice, reinforcing the focus on existing records or specific information available with the authority.

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Issues:
- Appeal against CPIO order regarding RTI request for information on experience criteria for Insolvency Professional registration.

Analysis:
The appeal before the First Appellate Authority (FAA) of the Insolvency and Bankruptcy Board of India pertained to a Right to Information (RTI) request made by Mr. Ankit Garg regarding the experience criteria for registration of Insolvency Professionals. The appellant sought clarification on whether a member of a professional body mentioned in the regulations, without a certificate of practice or employment experience, would fulfill the 10 years of experience requirement. The Central Public Information Officer (CPIO) had responded by referring to the relevant regulations available on the Board's website, stating that the eligibility criteria were clearly outlined there.

Upon review, the appellant contended that the specific definition of the ten years of experience was not provided in the regulations as mentioned by the CPIO. The FAA considered the appellant's arguments in light of legal precedents, including a Supreme Court judgment emphasizing that public authorities are not obligated to provide advice or opinions but only existing material records. The FAA also referred to a Central Information Commission decision highlighting that RTI queries should focus on seeking specific information available with the public authority.

Furthermore, the FAA underscored that all rules and regulations under the Insolvency and Bankruptcy Code, 2016, were publicly accessible on the Board's website, indicating that information in the public domain may not be subject to RTI requests. Citing another CIC decision, the FAA emphasized that public authorities are not required to create new records to address specific queries in RTI applications but can only provide existing records. Consequently, the FAA concluded that the information sought by the appellant, which appeared to be seeking advice or opinion, did not fall within the definition of information under the RTI Act.

Therefore, the FAA disposed of the appeal, highlighting that the public authority was not obligated to act as a consultant and that the appellant's queries were more aligned with seeking advice rather than specific information as defined by the RTI Act. The decision emphasized the limitations of RTI requests in seeking opinions or advice from public authorities, reinforcing the need for requests to focus on existing records or specific information available with the authority.

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