“The appellant had submitted that he had only sought the action taken/details of the proceedings and not sought details of the complaint.”: SEBI, Part 1.
The appellate authority under the RTI (Right to Information) Act of the Securities and Exchange Board of India comprising of Mr. Anand Baiwar adjudicated in the matter of Devendra Kumar Modi v CPIO, SEBI, Mumbai (Appeal No. 4353 of 2021) dealt with an issue in connection with Section 8 (1) (e) and Section 19 (1) of the Right to Information Act, 2005.
The appellant, Mr Devendra Kumar Modi had filed an application via RTI MIS Portal on the 5th of February, 2021 under the Right to Information Act, 2005. The respondent responded to the application by a letter on the 23rd of February, 2021, filed by the appellate. After receiving a letter from the respondent on 23rd of February, 2021, on his application, the appellate decided to file an appeal on the 29th of June, 2021. In his application, the appellate was seeking the following information:
“1. Please confirm whether any action is being taken by Authority/Adjudicating Authority in the said complaint.
- If yes, please provide the present status of the action taken in response to the complaints.
- Please provide the documents/details and other relevant details submitted by the company against the Show Cause Notice issued by the Authority/Adjudicating authority along with Show Cause notice issued
- Please provide the copies of the orders passed by the authority/ adjudicating authority.
- If answer is no for Question No. 1, then please provide the reasons for not taking the action in the said complaint.”
It was noted that under Section 19 (1) of the Right to Information Act, 2005, an aggrieved person may prefer the first appeal within thirty days from the receipt of the response from the CPIO of the concerned public authority. In the instant case, the impugned response from the respondent is dated 23rd of February, 2021. The appellant, therefore, should have filed the first appeal on or before expiry of thirty days from the date of receipt of the said response. As noted above, the appellant’s first appeal is dated 29th of June, 2021. The first appeal has been made three months after the last date permissible under the Right to Information Act, 2005. In this appeal, the appellant requested for condonation of delay due to disturbance caused on account of COVID-19.
https://primelegal.in2021/07/27/the-appellant-had-submitted-that-he-had-only-sought-the-action-taken-details-of-the-proceedings-and-not-sought-details-of-the-complaint-sebi-part-2/