Public Information Officer not required to furnish information on inference or assumptions

Public Information Officer not required to furnish information on inference or  assumptions

This was an Appeal borne out of the application under Right to Information (RTI) wherein the information was sought by the appellant under section 6 of the Right to Information Act, 2005 (Act).

The appellant had mainly submitted that the grievance of the appellant against the liquidator in the matter of Forgings Private Limited has not been dealt in toto by the CPIO (Central Public Information Officer).

The liquidator through his reply has misled the CPIO into believing that the matter is subjudice before the NCLT as the matter pending with NCLT pertains to application filed by Indiabulls Housing Finance Limited which has no bearing on the present complaint and the grievance of the appellant.

According to the appellant, the main questions that were to be decided by the First Appellate Authority (FAA) of the Insolvency and Bankruptcy Board Of India were-whether a Financial Creditor is entitled to file before the ROC/MCA for modification of charge of a corporate debtor which is under liquidation under IBC; whether the liquidator in the case has filed certain forms with ROC/MCA; action taken by IBBI against the liquidator who is responsible as per appellant.

The CPIO, being the respondent, has contested this appeal by submitting that the grievance of the appellant has been disposed of as the matter raised therein was sub-judice before NCLT and the same had been conveyed to the complainant vide letter dated 07.10.2019.

It has been clearly decided in this order that the FAA has no power or authority under the Act to decide on the aforesaid questions raised by the appellant. One of the propositions relied upon is the Guide on Right to Information Act, 2005 issued vide OM No. 1/32/2013-IR dated 28th November, 2013 of DoPT, wherein it is stated that a citizen has a right to seek such information from a public authority which is held by the public authority or which is held under its control.

This right includes inspection of work, documents and records; taking notes, extracts or certified copies of documents or records; and taking certified samples of material held by the public authority or held under the control of the public authority. 

It is important to note that only such information can be supplied under the Act that is available and existing and is held by the public authority or is held under the control of the public authority. The Public Information Officer is not supposed to create information that is not a part of the record of the public authority. The Public Information Officer is also not required to furnish information which require drawing of inference and/or making of assumptions; or to interpret information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical questions.

The FAA has made another reference to the observations of the Hon'ble Supreme Court in the matter of CBSE &Anr. Vs. Aditya Bandopadhyay&Ors., wherein it was held that a public authority is also not required to furnish information which require drawing of inferences and/or making of assumptions. It is also not required to provide 'advice' or 'opinion' to an applicant, nor required to obtain and furnish any 'opinion' or 'advice' to an applicant.

The reference to 'opinion' or 'advice' in the definition of 'information' in section 2(f) of the Act, only refers to such material available in the records of the public authority. Many public authorities have, as a public relation exercise, provide advice, guidance and opinion to the citizens. But that is purely voluntary and should not be confused with any obligation under the RTI Act.

Keeping in consideration this legal position in the two matters, the FAA has held that no information is required to be shared with the appellant as the actions requested by appellant is not within the domain of the Act and as such do not fall within the definition of 'information' provided at Section 2(f) of the Act.