RTI application pertaining to New Global Star Hotels and Resorts and Suman Motels Ltd dismissed by SEBI

RTI application pertaining to New Global Star Hotels and Resorts and Suman Motels Ltd dismissed by SEBI

The Securities and Exchange Board of India (SEBI) has dismissed an Appeal pertaining to an application filed by the Appellant (Raghavendra B. Datar) under the Right to Information Act, 2005 (RTI Act).

The appellant filed an appeal (received by the Office of Appellate Authority) against the response of the Respondent (CPIO, SEBI, Mumbai). The appellant, vide his application had stated in detail regarding his complaint against New Global Star Hotels and Resorts, made to the Commissioner of Police, EOW, Pune, and the subsequent communication/correspondence with Officers of SEBI.

The appellant also stated that he had not received the information with respect to his letters (originally addressed to Commissioner of Police, EOW, Pune) and email seeking advise/guidance in the matter of New Global Star Hotels and Resorts.

Further, the appellant also sought information about present status of auction of the remaining properties of Suman Motels Ltd., as ordered by the Hon'ble MPID Court. The appellant also sought the probable date by which the auction wouldbe completed and the amount would be deposited with the MPID Court.

The respondent, in response observed that the query was vague and not specific, and hence the same couldnot be construed as "information" under Section 2(f) of the RTI Act. With regard to Suman Motels Ltd, the respondent informed that the auction of the remaining properties in the matter of Suman Motels Ltd. was pending.

Further, with respect to the probable date by which the auction would be completed and the amount would be deposited with the MPID Court, the respondent informed that thesame was in the nature of seeking clarification/opinion and hence could not be construed as "information" as defined under Section 2(f) of the RTI Act.

The appellant filed the appeal on the ground that he was not satisfied with the response and also submitted that he required guidance/advise of SEBI, in view of the Police Department's advice to approach SEBI or Court for redressal of his grievance.

With respect to the application pertaining to New Global Star Hotels and Resorts, the Appellate Authority opined that the appellant, in his application, had stated in detail the order of events with respect to his complaint lodged with the Commissioner of Police, EOW, Pune, and related communication/correspondence with SEBI.

It was also noted that the appellant had made submission with respect to non receipt of information/communication from SEBI regarding guidance sought with respect to his grievance. On consideration, the Appellate Authority agreed with the observation of the respondent that the application pertaining to the matter of New Global Star Hotels and Resorts, was vague and not specific.

It was found that no specific information, as defined under section 2(f) of the RTI Act, had been sought by the appellant.

The matter of Shri S. C. Sharma vs. CPIO, Securities and Exchange Board of India was also referred to wherein the Hon'ble CIC held that since the Appellant had not clearly stated what exact information he wanted, the CPIO could not have provided any specific information to him. The Appellant was also advised that he might like to specify the exact information he wants from the SEBI and prefer a fresh application before the CPIO.

In view of these observations, the Appellate Authority found that the respondent was not obliged to provide a response where the information sought was not clear and specific.

With respect to the Application pertaining to Suman Motels Ltd it was noted that the respondent had clearly informed the status of the auction with respect to the remaining properties. It was found that the respondent had adequately provided the information available with him. In view of the same, no deficiency was found in the response.

Further, it was found that the query regarding probable date by which the auction would be completed and the amount deposited with the Hon'ble MPID Court, was in the nature of eliciting a clarification or opinion from the respondent regarding a future event, which couldnot be construed as an information available on record.

Such questions were beyond the scope of the definition of "information" under section 2(f) of the RTI Act, as held by the Hon'ble CIC in the matters of Shri N. Anbarasan Vs. the CPIO of CIC and Shri Ravi Kumar Vs. Coffee Board, Bangalore. Accordingly, it was concluded that there was no deficiency in the response.