SEBI’s Appellate Authority dismissed an RTI appeal alleging misleading responses by CPIO, holding that public authorities cannot be compelled to create or invent non-existent records.
SEBI Upholds CPIO’s RTI Rejection: Non-Available Information Cannot Be Created
The SEBI Appellate Authority dismissed an appeal under the Right to Information (RTI) Act, 2005, where the appellant alleged misleading information by the Central Public Information Officer (CPIO) regarding PACL investor data. The Authority upheld the denial, ruling that a public body is not obligated to generate information not in its possession.
Citing Section 2(f) and Section 6 of the RTI Act, the Appellate Authority emphasized that only existing records can be disclosed. It noted that SEBI did not maintain consolidated PACL investor details post-liquidation, and requiring it to reconstruct or compile data would exceed statutory limits. This aligns with the Supreme Court’s position in State of Bihar v. Surendra Kumar Pandey, that ‘information’ under RTI refers to documented material.
The decision curbs speculative RTI demands and protects regulators from undue administrative burden. Legal practitioners must assess the existence of requested data before filing RTI appeals, especially in liquidated corporate scenarios.
Citations
- Right to Information Act, 2005, Section 2(f), Section 6
- State of Bihar v. Surendra Kumar Pandey
